ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 January 2020 DOCKET NUMBER: AR20170009069 APPLICANT REQUESTS: * his Reserve Officer Training Corps (ROTC) debt be expunged * personal appearance before the Board APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * ROTC Scholarship Contract * letter of disenrollment * Cadet Action Request * enlistment contract * Defense Finance and Accounting Service (DFAS) summary hearing decision * letter from DFAS * reassignment orders * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant did not file within the 3 year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) 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: * he's served four years on active duty as a combat medic in order to expunge his debt * he took his disenrollment packet to his recruiting station * he followed the direction he was given to fill out and complete the paperwork so he could enlist * he served a full term enlistment believing this would fulfill his requirements for the ROTC debt * he hopes the Board sees justice in the fact that his service of a full term fulfilled the requirements to relieve the ROTC debt 3. The applicant's service records contain the following documents for the Board's consideration: * Orders 06-07 published by USA ROTC Instructor Group, Senior Division, The Citadel, dated 28 June 2012 discharging the applicant from the ROTC program effective 27 June 2012 * a Record of Disenrollment from Officer Candidate - Type Training which shows; > the applicant was being disenrolled due his withdrawal from The Citadel > he should not be considered for other officer training without weighing the needs of the service against the reason for disenrollment * a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) which shows he enlisted on 19 March 2013 for a period of 4 years in the rank of Private First Class E3 4. The applicant's service records are void of evidence he was ordered to active duty for completion of his ROTC scholarship terms. 5. The applicant provides the following documents for the Board's consideration: * a DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), which shows: > he had a paid scholarship benefit for a period of 4 academic years paying tuition and fees up to an annual amount of $9,268.00 > an annual book and laboratory expense rate of $1,200 > a monthly subsistence of $300 for his first year, $350 for his second year, $450 for this third year, and $500 for his fourth year > if he doesn't fulfill the contract the Secretary of the Army or his designee could order him to active duty for a period of not more than 4 years > if he was not ordered to active duty he agreed to reimburse the United States Government for the amount of money plus interest equal to the amount of money he received > he signed the contract on 9 September 2009 * a letter from the USA ROTC Instructor Group, Senior Division, The Citadel, dated 1 February 2012 which shows: > they were initiating disenrollment of the applicant from the ROTC program > the Army would determine whether he was ordered to active duty or if he would be directed to repay his scholarship funds > he may be called to enlist on active duty in the grade of Private E1 > he may be required to repay scholarship benefits in the amount of $28,019 * a Cadet Command Form 131-R (Cadet Action Request) requesting a leave of absence from ROTC effective 19 June 2012 for his voluntary resignation from The Citadel * his DD Form 4 dated 19 March 2013 * a summary record and hearing decision from DFAS which shows: > the reason for the hearing was because the applicant contested the amount of debt and terms of the proposed garnishment > the applicant's principal amount of the debt was $28,019 for his ROTC advanced educational assistance > the debt was due to breach of contract > after interest and fees and his voluntary payment of $100, he owed $35,847.64 > based on a review of the applicant's records and pertinent documentation, it was determined the debt remained valid and in the correct amount the garnishment amount was proper * a letter from DFAS dated 13 August 2013 stating they were giving him an administrative hearing * a letter from DFAS dated 15 October 2012 stating he had an ROTC debt of $28,019 * Orders 357-0101 published by Headquarters, III Corps and Fort Hood, dated 2 December 2016 showing he was released from active duty effective 18 March 2017 * his DD Form 214 showing he was discharged from active duty effective 18 March 2017 after completing 4 years of service 6. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 7. See applicable references below. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, the terms of his contract, his voluntary resignation from the Citadel, the absence of orders for active duty as a result, his enlistment as an E3, the record and length of his service. The Board found insufficient evidence that his enlistment was resultant from actions related to his separation. Based on a preponderance of evidence, the Board determined that the applicant’s educational debt was not in error or unjust. 2. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 3. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. X CHAIRPERSON 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: 1 Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 145-1 prescribes policies and general procedures for administering the Army Senior ROTC Program. It states in paragraph 3-43a(4) specifies ROTC Participants may be disenrolled because of withdrawal or dismissal from the academic institution. A former cadet may be reenrolled if he or she enters a school that offers ROTC, provided that he or she meets the reenrollment criteria. 3. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires.