IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170010684 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170010684 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. IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170010684 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests her college student loans totaling $28,140.00 be retroactively recognized and paid under the Loan Repayment Program (LRP). 2. The applicant states: a.  She was not properly counseled by her professor of military science (PMS) regarding the Reserve Officer Training Corps (ROTC) Student Loan Repayment Program (SLRP) incentive during her senior year of college. b. The SLRP procedures and responsibilities are outlined in the U.S. Army Cadet Command Pamphlet 145-1 (Army ROTC Incentives Procedures), chapter 8, and state, after completion of the Department of the Army ROTC Selection and Branching Board, the PMS will offer each eligible Cadet the SLRP and counsel those interested Cadets utilizing the LRP In-Processing Counseling Form (Cadet Command Form 145-1-2). c.  She graduated from Assumption College in Worcester, MA, in 2009 and the host college for her ROTC program was Worcester Polytechnic Institute. d.  During the time of her commissioning, she had the last name and maiden name McC___. e.  Her student loans incurred through 2005 to 2009 made her an eligible Cadet. f.  She was not aware of the program as her PMS did not counsel her using the Cadet Command Form 145-1-2 (SLRP In-Processing Counseling Statement) (no longer in use). If properly counseled, she would have enrolled and incurred the 2-year additional service duty obligation. g.  She is in her eighth year of service. It took a lieutenant colonel speaking on her behalf in April 2017 to the U.S. Army Cadet Command's Human Resource Command to learn the Army Board for Correction of Military Records (ABCMR) is the recommended authority to resolve this issue. h.  After learning about the SLRP from a colleague in 2011, she provided a cover letter to her unit S-1 with supporting loan documentation for a correction process through her chain of command, but she did not receive a response. 3. The applicant provides 6 pages from U.S. Army Cadet Command Pamphlet 145-1 (Army ROTC Incentives Procedures). CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the U.S. Army Reserve Control Group (ROTC) as a Cadet on 29 August 2005. 2. Her DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), dated 29 August 2005, shows she contracted for a full tuition 4-year scholarship, a $900.00 books and laboratory stipend, and a monthly subsistence allowance. 3.  On 15 May 2009, she was honorably discharged from the U.S. Army Cadet Command, Worcester Polytechnic Institute, to accept a commission. 4. On 16 May 2009, she accepted an appointment as a Reserve commissioned officer in the U.S. Army. 5. On 15 August 2017, she was honorably discharged. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she completed 8 years, 2 months, and 21 days on net active service. 6. The applicant provided 6 pages from U.S. Army Cadet Command Pamphlet 145-1, dated 6 November 2012, published after her commissioning, which explains PMS procedures and responsibilities with regard to SLRP and Army ROTC Scholarship Program Cadet Actions. 7. On 23 May 2018, the Chief, Accessions Division, Office of the Deputy Chief of Staff, G-1, provided an advisory opinion wherein he recommends denial of the applicant's request. He stated: a.  Her ABCMR application only included two excerpts from U.S. Army Cadet Command Pamphlet 145-1, dated 6 November 2012, which she states entitles her to the LRP. In viewing her Senior ROTC Scholarship Cadet Contract within her Army Military Human Resource Record, it appears that she received a 4-year scholarship in which she received full tuition fees, a flat rate of $900.00 for books and laboratory expenses, and a monthly subsistence allowance. b.  Based on her Senior ROTC Scholarship Cadet Contract, she is ineligible for loan repayment under the LRP. She was asked to provide documentation and clarification to her request, which speaks to the referenced loans for which she believes should be paid under the LRP. There is no indication she provided this information. 8. On 31 May 2018, a copy of the advisory opinion was provided to the applicant for review and for an opportunity to provide a response. She did not respond. 9. Her records are void of and she failed to provide any evidence she had qualifying student loans eligible for loan repayment under the LRP. REFERENCES: 1. U.S. Army Cadet Command Regulation 145-1, dated 2 August 2016, provides policy and procedures for administering the Army ROTC Incentives Programs. This versions of the regulation deleted the SLRP incentive and states retroactive benefits are not automatic. They are reviewed on a case-by-case basis. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant contends her college student loans totaling $28,145.00 should be retroactively recognized and paid under the LRP because her PMS failed to properly counsel her on the incentive. 2. The applicant contracted for and received a 4-year ROTC scholarship. 3. The advisory official, the Chief, Accessions Division, Office of the Deputy Chief of Staff, G-1, states based on her Senior ROTC Scholarship Cadet Contract, she is ineligible for loan repayment under the LRP. Further, she was asked to provide documentation and clarification to her request, which speaks to the referenced loans for which she believes should be paid under the LRP. There is no indication she provided this information to the Chief, Accessions Division, Office of the Deputy Chief of Staff, G-1, 4. Her records are void of and she failed to provide any evidence she had qualifying student loans eligible for loan repayment under the LRP. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170010684 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170010684 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2