ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  20 August 2019

	DOCKET NUMBER:  AR20170008756


APPLICANT REQUESTS:  his Defense Finance and Accounting Service (DFAS) debt is suspended or terminated.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Self-authored statement
* DFAS Debt Collections letter
* DFAS Account Statement
* Electronic Correspondence 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states, in effect,

   a. DFAS has placed his account in a temporary suspense until further notice.          If his request for suspension/termination is approved, his account will be placed in a suspended status, pending the completion of his service obligation.
   
   b. He has spent over two years communicating with the Reserve Officers’ Training Corps (ROTC) command and DFAS in an attempt to understand the status of his current debt.  When he was dis-enrolled from the ROTC program, he was informed by the Human Resources department at the ROTC office that the professor of military science recommended him for active duty, in lieu of the debt.  However, months later he began receiving bills from DFAS.
   
   c. After contacting DFAS, he learned that he would not be denied (sic) serving on active duty, in lieu of the debt; therefore, he began making payments.  After enlisting in the Regular Army, he contacted DFAS to defer his payments, while in basic combat training.  He was later informed that his account had been placed on hold as of 2 June 2017, pending completion of two years of active duty service.  At which time, his debt would be forgiven. 
   
   d. Although he was notified that his debt was suspended, he continues to receive bills and the interest on the debt continues to grow.  He contacted DFAS to inquire about the reason for receiving bills, while his debt is suspended pending completion of active service.  
   
3.  The applicant provides:

   a. DFAS Debt Collections letter, dated 27 October 2015, shows the applicant was notified that DFAS is the Department of Defense (DoD) activity responsible for collection of individual debts owed to DoD.  The letter also refers to the Debt Collection Act of 1982 and the Debt Collection Improvement Act of 1996 as references.
   
   b. DFAS Account Statement, dated 15 September 2016, reflects his previous balance of $62,775.34, his current monthly interest charge of $51.57, the administrative penalty of $313.21, and the total balance due of $63,140.12.  
   
   c. Electronic Correspondence between him and a DFAS representative, dated 20 July 2016, reflects his account was placed in a suspense until 2 June 2017 for service in lieu of.  On 26 September 2016, he was informed that the computer automatically sends out the monthly statements. 

4.  A review of the applicant’s service records show:

   a. he enlisted in the Army Reserve on 4 March 2013 in the pay grade Cadet
   
   b. a DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) was completed showing the following:
   
* his education would commence on 4 March 2013
* Department of the Army would pay scholarship benefits for 3.5 academic years
* tuition and fees would also include room and board and a $1,200.00 book and laboratory expense
* monthly subsistence at the rate of Military Science (MS) 1st year cadet, $300.00 per month, MS 2nd year cadet $350.00 per month, and MS 3rd year cadets $450.00 per month
* he agreed to enroll in the necessary courses and successfully complete the requirements of the degree and the ROTC program
* he agreed to remain a full time student in good standing 
* if he was dis-enrolled he would repay any advanced educational assistance, plus interest, equal to the entire amount of financial interest
* he endorsed the contract with his signature on 4 March 2013
   
   c. Wheaton College memorandum, dated 9 April 2015, notified him of the initiation of his disenrollment from the ROTC program based on his undesirable character as demonstrated by stealing as listed or defined in 21 USC 812, discreditable incidents with civil or university authorities, falsifying academic records or any forms of academic dishonesty, or similar acts which constitutes, either individually or collectively, a breach of the terms of his SROTC contract with the U.S. Army.
   
   d. United States Army Cadet Command and Fort Knox memorandum, dated 7 July 2015, notified him of his disenrollment and discharge from the ROTC Program under the provisions of Army Regulation (AR) 145-1, Senior Reserve Officers’ Training Corps Program, based on his undesirable character demonstrated by lying, stealing, and discreditable incidents with university authorities.  The total amount of monies spent in support of his education is $66,700.00.
   
   e. DD Form 4/1, dated 18 May 2016, reflects he enlisted in the Regular Army for 3 years and 16 weeks in pay grade private first class (PFC)/E-3.
   
   f. DFAS account statement, billing date 15 September 2016, reflects he had previous balance of $62,775.34; however, due to him sending a partial payment without establishing a payment agreement, he was penalized $313.21.  The monthly interest charge of $51.57, coupled with the penalty fee of $313.21, his total balance due is $63,140.12.

5.  AR 600-4 (Remission or Cancellation of Indebtedness) in accordance with the authority of Title 10 USC, section 4837, the Secretary of the Army may remit or cancel a Soldier’s debt to the U.S. Army if such action is in the best interest of the United States, the debt was incurred while on active duty or in an active status, and the Soldier received an honorable discharge (if separated from active duty).  Under Title 10, United States Code (USC), section 4837 a debt acknowledged as valid may be remitted or cancelled.


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found insufficient evidence of an error or injustice which would warrant making a change to the collection to the applicant’s DFAS debt.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


REFERENCES:

AR 600-4 (Remission or Cancellation of Indebtedness) in accordance with the authority of Title 10 USC, section 4837, the Secretary of the Army may remit or
cancel a Soldier’s debt to the U.S. Army if such action is in the best interests of the United States, the debt was incurred while on active duty or in an active status, and the Soldier received an honorable discharge (if separated from active duty).  Under Title 10, United States Code (USC), section 4837 a debt acknowledged as valid may be remitted or cancelled.

ABCMR Record of Proceedings (cont)	 AR20170008756


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