BOARD DATE: 24 January 2020 DOCKET NUMBER: AR20180001675 APPLICANT REQUESTS: Reserve Officer Training Corps (ROTC) scholarship debt remission and reimbursement for all deductions to date. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 597-3 (Army Senior Reserve Officers Training Corps Scholarship Cadet Contract) * Memorandum for Record (MFR) Disenrollment of Scholarship Cadet from ROTC * Cadet Command Form 213-R (SROTC Contract Agreement - Special Active Duty Provision (SDAP)) * MFR Request for Disenrollment * DA Form 5315-E (U.S. Army Advanced Education Financial Assistance Record * Cadet Command Form 131-R (Cadet Action Request) * United States Senate letter * DA Form 3286 (Statement for Enlistment United States Army Enlistment Program) * MFR Release from Special Forces Assessment and Selection (SFAS) * Course Completion Certificate * Permanent Order# 246-4 * Certificate of Graduation * Order# 240-88 * MFR Letter of Good Standing * Order# 009-4000 * Enlisted Record Brief FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the 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 that he currently has a debt for $25,811.50 associated with his disenrollment from the University of South Carolina Army ROTC program and subsequent enlistment in the Army. He has served on active duty since 2011 as a Special Forces Medical Sergeant. He has deployed and served faithfully in the Army as a Green Beret and believes that his ROTC debt should be remitted as a result of his service. He currently has an expiration term of service date of 27 March 2021, however he intends to reenlist until retirement eligible. 3. A review of the applicant’s available service records reflects the following on: a. 24 June 2006 – he enrolled in the University of Montana ROTC program; course projected completion date of 14 May 2010 b. 22 June 2009 – a dis-enrollment action was initiated for breach of contract associated with his failure to attend a scheduled Leader Development & Assessment Course c. 24 June 2009 – he requested to be dis-enrolled from the ROTC program and elected to be ordered to active duty for a period of 4 years in fulfillment of his contractual obligation d. 25 August 2010 – he enlisted in the Army Reserve; entitled to a $2,000 High School Graduate bonus and a $4,000 6 year enlistment bonus ($6,000 total) e. 30 March 2011 – he was ordered to active duty 4. The applicant provides the following a: a. DA Form 597-3 (Army Senior Reserve Officers Training Corps Scholarship Cadet Contract) dated 24 July 2006 – reflective of his enrollment in the ROTC program for 4 years; paragraph 5e. states that “If I am dis-enrolled from ROTC, I understand the Secretary of the Army, or his or her designee, retains the prerogative to either order me to active duty or order monetary repayment of my scholarship benefits. Therefore, if I am required to repay my advanced educational assistance under the terms of this contract, my subsequent enlistment in an Armed Service will not relieve me from my repayment obligation” b. Memorandum for Record (MFR) Disenrollment of Scholarship Cadet from ROTC dated 22 June 2009 – reflective of a dis-enrollment action being initiated for breach of contract associated with his failure to attend a scheduled Leader Development & Assessment Course; document states that he may be called to active duty or required to repay scholarship benefits in the amount of $25,800.50 in lieu of being called to active duty to fulfill his contractual obligation c. Cadet Command Form 213-R (SROTC Contract Agreement - Special Active Duty Provision (SDAP)) dated 25 June 2009 – reflective of his acknowledgement of being ordered to active duty for 4 years in fulfillment of his contractual obligation d. MFR Request for Disenrollment dated 24 June 2009 – reflective of his request to be dis-enrolled from the ROTC program e. DA Form 5315-E (U.S. Army Advanced Education Financial Assistance Record) dated 22 June 2009 – reflective of $25,811.50 worth of scholarship benefits being paid f. Cadet Command Form 131-R (Cadet Action Request) dated 25 June 2009 – reflective of his election to waive his rights to an appeal; approved by the Professor of Military Science g. United States Senate letter dated 8 April 2010 – reflective of their acknowledgment of his request for assistance with entering the United States Special Forces h. DA Form 3286 (Statement for Enlistment United States Army Enlistment Program) dated 25 August 2010 – reflective of his enlistment in the Army with entitlement to a $2,000 High School Graduate bonus and a $4,000, 6 year enlistment bonus i. MFR Release from Special Forces Assessment and Selection (SFAS) dated 22 February 2012 – reflective of his selection to be released from SFAS class 05-12 j. Course Completion Certificate dated 30 January 2013 – reflective of his graduation from the Special Operations Combat Medic course k. Permanent Order# 246-4 dated 3 September 2014 – reflective of him being awarded the Special Forces Tab l. Certificate of Graduation dated 18 September 2014 – reflective of his completion of the Special Forces Qualification Course m. Order# 240-88 dated 28 August 2014 – reflective of his reassignment to Fort Carson, CO n. MFR Letter of Good Standing dated 23 January 2018 – reflective of his commander’s statement regarding his contributions to both the command and the Army as a whole o. Order# 009-4000 dated 9 January 2018 – reflective of his reassignment to Fort Bragg, NC p. Enlisted Record Brief dated 23 January 2018 – reflective of his personnel history from 30 March 2011 5. See all applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is warranted. Considering the facts above, the applicant’s Reserve Officer Training Corps (ROTC) scholarship debt should be remitted and he be reimbursed any money collected on the debt. 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 and remitting his Reserve Officer Training Corps (ROTC) scholarship debt and reimbursing to him any money collected on the debt. 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (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 dis- enrolled only by the commanding general ROTC Cadet Command. Nonscholarship and scholarship cadets will be dis-enrolled at their own request, if they are nonscholarship basic course cadets. The 4-year scholarship cadets may be dis-enrolled at their own request during the MS I only or for breach of contract. Breach is defined as any act, performance or nonperformance on the part of a student that breaches the terms of the contract regardless of whether the act, performance or nonperformance was done with specific intent to breach the contract or whether the student knew that the act, performance or nonperformance breaches the contract. 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) AR20180001675 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1