ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  18 September 2019

	DOCKET NUMBER:  AR20170009099


APPLICANT REQUESTS:  correction of his record to show his Reserve Officers’ 
Training Corps (ROTC) debt was remitted/cancelled.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United 
States)
*	DA Form 597-3 (Army Senior Reserve Officers’ Training Corps (ROTC) 
Scholarship Cadet Contract) 
*	DA Form 4856 (Developmental Counseling Form) (2)
*	U.S. Army Advanced Education Financial Assistance Record
*	Memorandum, subject:  Disenrollment of Scholarship Cadet From ROTC
*	Acknowledgement of Cadet
*	Addendum to Part I, Scholarship Contractual Agreement
*	Addendum to Part II, Agreement of Cadet Contract (Active Duty Option)
*	Memorandum, subject: PMS Recommendation on Disenrollment of [Applicant]
*	Cadet Command Form 131.R (Cadet Action Request)
*	Privacy Act Statement Army Senior ROTC Disenrollment Proceedings 
*	Transcript Data
*	Checklist Required Format for Disenrollment (Waiver of Rights)
*	Memorandum, subject: Disenrollment [Applicant]
*	Cadet Record Brief
*	Memorandum, subject Disenrollment from the U.S. Army ROTC Program
*	Assignment Orders No. 4097017
*	Assignment Orders No. 070-00280
*	Deployment Orders No. WW-025-0127

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 he served on active duty in lieu of the ROTC debt and requests 
the debt is waived.

3.  The applicant provides the above referenced documents which include:

   a.  DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United 
States), which shows he enlisted as Cadet in the U.S. Army Reserve (USAR) on 
23 August 2010.

   b.  DA Form 597-3 (Army Senior Reserve Officers’ Training Corps (ROTC) 
Scholarship Cadet Contract), dated 4 October 2010, which shows:

*	he contracted for an education commencement date of 23 August 2010 at the 
University of Houston
*	the Army would pay:

*	full tuition and educational fees for 4 academic years
*	$1,2000 books and laboratory expenses
*	monthly subsistence of $300 for military science cadets (1st year), $450 
for military science cadets (2nd year), $500 for military science cadets 
(3rd year), $500 for military science cadets (4th year)

*	upon satisfactory completion of the academic, military, and all other 
requirements of the Army ROTC program, a cadet may be appointed as a 
Reserve officer in the Army in the grade of second lieutenant 
*	he agreed to maintain eligibility for enrollment and retention in ROTC and 
commissioning by maintain a minimum semester or quarter cumulative 
academic GPA of 2.0 on a 4.0 scale or equivalent scale and failure would 
result in disenrollment from the ROTC program
*	he understood and agreed he would incur an active duty and/or 
reimbursement obligation after the first day of the sophomore year
*	after appointment he would incur an eight year service obligation which could 
be served in an active status, Reserve component, Troop Program Unit or the 
Army National Guard
*	if he failed to complete the ROTC program or was disenrolled after the point 
of obligation he may be ordered to active duty
*	if he was offered the opportunity to repay the advanced educational 
assistance in lieu of being ordered to active duty he would be required to 
reimburse the U.S. Government through repayment of an amount of money, 
equal to the amount of financial assistance
*	he endorsed this form with his signature
   c.  DA Form 4856 (Developmental Counseling Form), dated 23 August 2012, which 
states the applicant failed to improve his grade point average (GPA) and the loss of for 
continuance in the Army ROTC program.

	d.  DA Form 4856, dated 11 January 2013, which states the applicant failed to 
improve his GPA and leadership initiated disenrollment from the ROTC program.

   e.  Memorandum, subject:  Disenrollment of Scholarship Cadet from ROTC, dated 
30 January 2013, which the applicant was informed he was being disenrolled and 
discharged from the ROTC program for failure to maintain a minimum semester or 
cumulative GPA that is required by the school and the amount of monies spent in 
support of his education was $13,596.72.

   f.  Acknowledgement of Cadet, dated 8 April 2013, which he acknowledged 
disenrollment in ROTC and elected to accept call to active duty within 60 days after 
withdrawal or dismissal from school.

   g.  Addendum to Part II, Agreement of Cadet Contract (Active Duty Option), dated 
8 April 2013, which the applicant requested to be ordered to active duty for 3 years in an 
enlisted status in fulfillment of his contractual obligation.

   h.  Memorandum, subject: Professor of Military Science (PMS) - Recommendation 
on Disenrollment of [Applicant], dated 10 April 2013, in which the PMS recommended 
the applicant’s disenrollment from the ROTC program and repayment of all scholarship 
benefits in the amount of $13,596.72.

   i.  Cadet Command Form 131.R (Cadet Action Request), dated 10 April 2013, which 
approved the applicant’s disenrollment in the ROTC program and recommended 
monetary payback.

   j.  Memorandum, subject: Disenrollment [Applicant], Department of the Army (DA), 
Headquarters, 5th Brigade, recommended approval of the applicant’s disenrollment in 
ROTC and recoupment of scholarship funds.

   k.  Memorandum, subject Disenrollment from the U.S. Army ROTC Program (DA), 
Headquarters, U.S. Army Cadet Command and Fort Knox, dated 19 May 2013, which 
states the applicant was disenrolled and discharged from the ROTC program.

   l.  Assignment Orders No. 4097017, dated 3 April 2014, which states the applicant 
was assigned and would report on 7 April 2014 to the 95th Adjutant General Battalion, 
Fort Sill, OK.

   m.  Assignment Orders No. 070-00280, dated 11 March 2015, which states the 
applicant would proceed on permanent change of station to Alaska Replacement North 
at Fort Wainwright, Alaska.
	n.  Deployment Orders No. WW-025-0127, dated 25 January 2017, which state the 
applicant would proceed on or about 15 March 2017 on a deployment in support of 
OPERATION INHERENT RESOLVE in Iraq.

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

	a.  According to the DD Form 785 (Record of Disenrollment Form, Officer Candidate
Type Training), on 19 May 2013, the applicant was disenrolled from ROTC due to
failure to maintain a semester and cumulative GPA average.

   b.  On 22 May 2013, Orders Number 14301, issued by the Department of Military 
Science – University of Houston, state the applicant was discharged from the ROTC 
program without further obligation.

	c.  On 7 April 2014, he enlisted in Regular Army for 6 years in the grade of private 
first class/E3.

	d.  The applicant is currently on active duty serving on an overseas tour in South 
Korea.

5.  On 20 March 2019, DA Office of the Deputy Chief of Staff, G-1 rendered an advisory 
opinion in the applicant's case.  The advisory official recommended the board approved 
the applicant’s request for relief.  A G-1 official stated:

	a.  Records confirms that the Army disenrolled the applicant for breaching the 
scholarship contract.  However, he later enlisted and served as a Soldier on active duty 
for more than what the Army requires as a MSIII Cadet.

	b.  Based on the information provided, any amount of the debt previously collected 
from the applicant while serving on active duty should be credited back and because the 
terms of agreement allowed him to serve on active duty in lieu of repaying his 
scholarship debt.  The applicant has fulfilled his active duty requirement, even though it 
did not begin immediately after being separated from ROTC.

6.  The applicant was provided with a copy of this advisory opinion to give him an 
opportunity to submit comments.  He did not respond.

7.  By regulation,

	a.  Army Regulation (AR) 145-1 (Senior ROTC Program: Organization, 
Administration, and Training) paragraph 3-43 (Disenrollment) states a scholarship cadet 
may be disenrolled only by the commanding general ROTC Cadet Command.  A 
scholarship cadet will be disenrolled for failure to maintain a minimum semester or 
quarter cumulative academic GPA of 2.0 on a 4.0 scale or higher if required by the 
school.
	b.  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.  Indebtedness to the U.S. Army that may not be canceled under Title 10 
USC, section 4837 when the debt is incurred while not on active duty or in an active 
status.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found some 
relief was warranted.  The applicant’s contentions and the advisory opinion were 
carefully considered.  Notwithstanding the advisory opinion, evidence of record shows 
he was disenrolled from ROTC and ordered to repay tuition.  He was not granted 
immediate enlistment into active duty in lieu of the debt.  He subsequently enlisted as a 
PFC on his own cognizance, and information as to whether or not he received an 
enlistment bonus was not available for the Board to review.  The Board agreed to 
consider his active duty service as canceling the debt.  However, to prevent a double 
windfall, the Board determined any bonus received from his initial enlistment (if 
applicable) should be also considered.

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by cancelling his ROTC debt 
as a result of his active duty service, minus any initial enlistment bonus received if 
applicable.

	  
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, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation (AR) 145-1 (Senior ROTC Program: Organization, Administration, 
and Training) paragraph 3-43 (Disenrollment) states a scholarship cadet may be 
disenrolled only by the commanding general ROTC Cadet Command.  A scholarship 
cadet will be disenrolled for failure to maintain a minimum semester or quarter 
cumulative academic GPA of 2.0 on a 4.0 scale or higher if required by the school.

3.  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.  Indebtedness to the U.S. Army that may not be canceled under Title 10 
USC, section 4837 when the debt is incurred while not on active duty or in an active 
status.
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170009099

6

1