ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 January 2019 DOCKET NUMBER: AR20170010473 APPLICANT REQUESTS: Cancellation or waiver of his Reserve Officer Training Corps (ROTC) scholarship debt. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Military Identification (ID) Card * Orders 223-001 (Discharge Orders) * U.S. Marine Corps (USMC) Appointment Acceptance and Record * Permanent Change of Station (PCS) Orders * Congressional Inquiry * DA Form 1574 (Report of Proceedings by Investigating Officer/Board of Officers) * Memorandum, subject: Rebuttal of Findings and Recommendations of Investigation/Board Proceedings * Rebuttal of Recommendations of Investigations/Board Proceedings * Office of the Chief of Legislative Liaison (OCLL) Congressional Response * Congressional Representative Response to Applicant * Memorandum, subject: Disenrollment from the U.S. Army ROTC Program * Defense Finance and Accounting Service (DFAS) Notification of Indebtedness * Letter to the Chief of Naval Education and Training * Department of the Treasury Federal Debt Payment Agreement * Letter to DFAS * Letter to U.S. Army Human Resources Command (HRC) * HRC Response to Applicant * two letters to the Army Review Boards Agency (ARBA) * E-mail from the Naval Service Training Command * two e-mails from DFAS * two e-mails to ARBA FACTS: 1. The applicant states he is requesting elimination or waiver of the debt due to the fact that he elected to serve on active duty in lieu of payment. The debt was part of an ROTC scholarship not fulfilled. 2. The applicant provides: a. His military ID card which shows that he is currently serving as an officer in the USMC. b. His discharge orders from the ROTC program which show he was discharged due to a disqualifying medical condition. c. Appointment and acceptance record into the USMC, which shows his prior service and commissioning date of 18 March 2017. d. PCS orders, which show that he completed Officer Candidate School (OCS) and was moved to a new location. e. A Congressional inquiry to his Congressional Representative, which states that he was currently in college and that while enrolled, he was cited for driving under the influence in January 2014. He continued in the ROTC program and nearly two years after the incident was placed on a leave of absence. He requested, through his Congressional Representative, to be reinstated in the ROTC program. f. Report of Proceedings by Investigating Officer/Board of Officers, which shows that a board was held on 13 November 2015. (1) The board of officers found the applicant: * entered into a valid ROTC contract (DA Form 597-3, Army Senior ROTC Scholarship Cadet Contract) * received advanced educational assistance from the government in the form of scholarship benefits while enrolled in ROTC in the amount of $20,950.20, which constituted a debt to the U.S. * breached the terms of his ROTC contract due in whole, or in part to, a fact or condition that bars his appointment as a commissioned officer, specifically, driving under the influence of alcohol * should be required to repay the army his valid debt of $20,950.20 received in the form of scholarship benefits (2) The board of officers recommended the applicant: * should not be retained as a scholarship Cadet (he acknowledged driving under the influence and failed to notify ROTC cadre which constituted a breach of contract by failing to disclose disqualifying conditions, these actions are not within the Army values * should not be retained as a non-scholarship Cadet * be disenrolled from ROTC under the provisions of Army Regulation (AR) 145-1 (Senior ROTC Program Organization, Administration, and Training), paragraph 3-43(a)(11) * not be released from his ROTC contractual obligations * not be ordered to active duty in an enlisted status for a period of three years * be ordered to repay his valid debt of $20,950.20 to the U.S. Government g. He was notified on 4 December 2015 of his opportunity to rebut the findings and recommendations of his board/investigation. h. He submitted a rebuttal in which he states: (1) The incident occurred over a year and a half ago and since then he has maintained a grade point average of 3.9, high Army Physical Fitness Test scores, and completed Cadet Leaders Course. (2) The DUI, although a breach of the terms of his contract involved no other passengers, no accident, and his blood alcohol content was way below the adult legal limit. He completed the Accelerated Rehabilitative Disposition Program, paid all fines and performed community service. The charge was dismissed and expunged from his record. (3) He was not in possession of his contract or the AR that contained the information to notify cadre of an incident that would disqualify him from his ROTC scholarship. (4) He should be reinstated, and if that is not possible, he requested a reduction in the repayment of the valid debt be granted. Full repayment of the debt seemed harsh considering he was ready and willing to serve his country as an officer in the U.S. Army and has gone above and beyond to become a better Cadet since the incident occurred. i. OCLL Congressional response which states that the applicant was being considered for disenrollment based on AR 145-1 for demonstrating undesirable character by driving under the influence of alcohol and being cited for underage DUI. j. Congressional Response from the applicant’s Congressional Representative to the applicant forwarding the response from OCLL. k. Memorandum, subject: Disenrollment from the U.S. Army ROTC Program which shows that the applicant was disenrolled from the ROTC program on 29 July 2016. l. A notice of indebtedness from DFAS showing the applicant owed a debt and if that debt was not repaid in full if the first installment was not received within 30 days, his account would be considered past due and DFAS would forward his case to the credit bureau. m. Letter from the applicant to the Chief of Naval Education and Training in which he requested that the debt in the amount of $24,983.70 be waived or relieved. n. A notice of federal debt payment agreement from the Department of the Treasury which shows the terms of the debt payment agreement. o. Letter to DFAS from the applicant in which he requests remission of the debt that he originally owed to DFAS in the amount of $24,983.70. p. Letter to HRC from the applicant in which he requests remission of the debt that he originally owed to DFAS in the amount of $24,983.70. q. Memorandum, subject: Remission or Cancellation of Indebtedness from HRC, which shows they received his request and were not authorized to process his request. r. Letter to ARBA from the applicant with additional documentation pertaining to his case. s. Email from the Naval Service Training Command which states that they received his request and could not process his request. t. Email from DFAS to the applicant which states that the application he submitted was incomplete. u. Email to DFAS which states that his debt was with the U.S. Treasury and he was told that DFAS could recall the debt from them anytime. v. Two emails to ARBA requesting the status of his case. w. Email from DFAS in reply to the applicant’s e-mail that he repaid his debt in full, which states that there is a delay in processing from the time a check is submitted to a collection agency and when the payment posts to the account with DFAS. 3. A review of the applicant’s service records shows the following: a. He enlisted in the U.S. Army Reserve (ROTC Control Group) on 5 September 2013. His DA Form 597-3 states in: (1) Paragraph 5 (Terms of Disenrollment), if the cadet were disenrolled from the ROTC program for any reason, the Secretary of the Army could order the cadet to reimburse the United States the dollar amount plus interest that bears the same ratio to the total cost of the scholarship financial assistance provided by the United States to the cadet as the unserved portion of active duty bears to the total period of active duty the cadet agreed to serve or was ordered to serve. (2) Paragraph 6 (Enlisted Active Duty Service Obligations), if he were called to active duty for breach of contract, he would be ordered to active duty for two years if the breach occurred during Military Science (MS) II, for three years if the breach occurred during MS III, or four years if the breach occurred during MS IV. b. On 30 September 2015, he was notified by the Professor of Military Science (PMS) that he was pending disenrollment for driving under the influence of alcohol which constitutes either individually or collectively, a breach of the terms of his ROTC contract and placed him on a leave of absence. c. On 18 October 2015, he acknowledged receipt of his disenrollment from the ROTC program. He elected to decline a delayed call to active duty and declined an expedited call to active duty. d. On 13 November 2015, a board of officers met. The findings and recommendations of that board are summarized in paragraph 2f. e. On 1 April 2016, the applicant’s PMS forwarded a request for the applicant’s disenrollment from the ROTC program to the Commanding General (CG), U.S. Army Cadet Command (USACC). f. On 18 April 2016, his commander recommended immediate disenrollment in accordance with AR 145-1, paragraph 3-43(a)(11), discovery of a disqualifying fact or condition that bars commissioning as evidenced by driving under the influence of alcohol. He concurred with the recommendations of the PMS and the board president for immediate disenrollment with monetary obligation in the amount of $20,950.20. g. On 29 July 2016, by memorandum, the CG, USACC approved the request and ordered the applicant disenrolled from the ROTC program under the provisions of AR 145-1, paragraph 3-43(a)(11), based on a fact or condition that barred his appointment as a commissioned officer: driving under the influence of alcohol. The memorandum also notified him that when the ROTC scholarship contract is breached, any obligation to the Army must be satisfied by repaying the cost of advanced education assistance provided by the Army and that the amount of monies spent in support of his education was $20,950.20. h. He was discharged from the U.S. Army Reserve (ROTC) on 10 August 2016 (erroneously shown as 24 May 2016). i. The applicant was appointed in the USMC on 18 March 2017, in which he currently serves on active duty. 4. By regulation, when a cadet breaches their ROTC contract, they are required to either repay the cost of their education or serve on active duty as an enlisted member in the grade of E-1 for a number of years. Voluntary appointment in another service is not an authorized remedy for ROTC debt repayment under the terms of his ROTC contract. BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence provided and applicable policies and guidance. By AR 145-1, when a cadet breaches their ROTC contract, they are required to either repay the cost of their education or serve on active duty as an enlisted member in the grade of E-1 for a number of years. Voluntary appointment in another service is not an authorized remedy for ROTC debt repayment under the terms of his ROTC contract. Based upon regulatory guidance and the applicant’s failure to report in a timely manner, the incident involving the DUI, in addition to breaching his contract, the Board determined there was no injustice that would warrant cancellation or waiver of his Reserve Officer Training Corps (ROTC) scholarship 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. SIGNATURE: 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. ADMINISTRATIVE NOTE(S): N/A REFERENCES: 1. AR 145-1 prescribes policies and general procedures for administering the Army's Senior ROTC Program. a. Paragraph 3-31 states the Army ROTC Scholarship Program provides financial assistance to those students who have demonstrated academic excellence and leadership potential. The U.S. Army Scholarship Program’s purpose is to provide for the education and training of highly qualified and motivated young men and women who have a strong commitment to military service as commissioned officers b. Paragraph 3-43(a)(11) states a scholarship cadet may be disenrolled only by the Commanding General, ROTC Cadet Command. A cadet will be disenrolled when it is discovered that a fact or condition exists that will bar a cadet from appointment as a commissioned officer, to include a positive urinalysis for drug and alcohol abuse. 2. AR 37-104-4 (Military Pay and Allowances Policy), provides the policies and provisions for entitlements and collections of pay and allowances of military personnel. Paragraph 31-2 (Recoupment) states recoupment applies to those individuals who have signed an agreement that contains recoupment provisions. Recoupment action will be taken at transition when the personnel and finance communities identify a soldier or cadet as being eligible for recoupment action. 3. AR 135-210 (Order to Active Duty as Individuals for Other Than a Presidential Selected Reserve Call-up, Partial or Full Mobilization) prescribes policies, responsibilities, and procedures for ordering individual Soldiers of the Army National Guard of the United States and the U.S. Army Reserve to active duty. It states, in pertinent part, that former ROTC cadets, when ordered to active duty, will be ordered to extended active duty in the grade E1 except those who have had prior Regular Army military service. 4. 10 U.S. Code 2005(a), states that the Secretary concerned may require, as a condition to the Secretary providing advanced education assistance to any person, that such person enter into a written agreement under the terms of which such person shall agree: (1) to complete the educational requirements specified in the agreement and to serve on active duty for a period specified in the agreement and (2) that if such person fails to complete the education requirements specified in the agreement, such person will serve on active duty for a period specified in the agreement. 5. 10 U.S. Code 2005(c), states the Secretary concerned shall require that the person enter into the agreement described in subsection (a). In addition to the requirements of paragraph (1) through(4) of such subsection, the agreement shall specify that, if the person does not complete the education requirements specified in the agreement or does not fulfill any term or condition prescribed pursuant to paragraph (4) of such subsection, the personal shall be subject to the repayment provisions of section 303a(e) (Repayment of Unearned Portion of Bonuses and Other Benefits When Conditions of Payment Not Met; Termination of Entitlement to Unpaid Amounts) or 373 (Repayment of unearned portion of bonus, incentive pay, or similar benefit, and termination of remaining payments, when conditions of payment not met) of title 37 without the Secretary first ordering such person to active duty as provided for under subsection (a)(2) and sections 2107 (Financial assistance program for specially selected members)(f) and 2107a(f).