ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 February 2020 DOCKET NUMBER: AR20180004352 APPLICANT REQUESTS: * cancellation of his Federal Reserve Officer Training Corps (ROTC) debt * refund of monies deducted from his pay APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter * ROTC Scholarship Cadet Contract * Notification of Disenrollment * ROTC Contract Agreement * ROTC Discharge Order * Record of Disenrollment from ROTC * Enlistment Contract * Leave and Earnings Statements (LES) FACTS: 1. The applicant states: a. The $43,515 ROTC charge was to be waived since he enlisted in the Army for 4 years pursuant to the disenrollment agreement with ROTC, dated June 2015. b. He was disenrolled from the ROTC Program with Northern Arizona University. ROTC gave him a contract stating the $43,515 in debt would be forgiven if he signed a 4 year contract with the Army. Official discharge orders were dated 8 January 2016. He signed his enlistment contract for a 4 year enlistment with the Army. Despite his fulfilling his end of the ROTC contract the Defense Finance and Accounting Service erroneously deducted a total of $3,900 through 30 November 2017. 2. In a self-authored Memorandum for Record (MFR), dated 6 December 2017, the applicant states: a. The MFR is to provide additional information to the Board. He is requesting a correction in his pay because $300 per month was deducted from his pay for over 13 months for a total of $3,900. The deductions should have have occurred due to an agreement with ROTC where the debt would be eliminated if he enlisted in the Army for 4 years. b. He signed his ROTC contract on 26 October 2011. In June 2015, he received notice of his disenrollment from the ROTC program. He signed and faxed back the signed copy. The signed copy he had was misplaced. c. He was emailed an agreement which stated his ROTC debt would be forgiven upon enlistment in the Army for 4 years. He did not receive his official discharge orders until 8 January 2016. d. He was ready to immediately enlist in the Army; however, there was a delay before he signed his enlistment contract. He enlisted for 3 years and 20 weeks as per the Military Entrance Processing Station. He attended basic training from September to November 2016. He received his first paycheck in November 2016 and $300 was erroneously deducted for the ROTC debt. e. The applicant attended advanced individual training from November 2016 through February 2017. He attended Airborne Training from February to May 2017. He brought the matter of the debt to the attention of his superiors while at Airborne school. Due to his training status, nothing could be done. f. From May to the time of his application, he was stationed at Fort Campbell. He brought the issue to the attention of his chain of command, but they had other priorities other than him. His chain of command became supportive of him resolving the matter and he contacted DFAS and was told to complete an application for the Board. g. His LES for November 2017 had a deduction of $300. It shows the balance due on his ROTC debt as $39,615. He'd paid the debt for 13 months totaling $3,900. 3. The applicant's service record includes a DD Form 214 (Certificate of Release or Discharge from Active Duty), which shows he was honorably discharged on 20 November 2018 after serving 2 years, 2 months, and 15 days. He was discharged for a combat related disability. 4. The applicant provides the following documents for the Board's consideration: a. A DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), which shows: * the applicant was a 4 year scholarship recipient. * the applicant agreed to serve on enlisted active duty if ordered to by the Secretary of the Army or designee if he is disenrolled from ROTC * if he was offered the opportunity to repay his ROTC scholarship in lieu of being ordered to active duty, he would be required to reimburse the United States Government * he agreed he was not able to enlist in the active Army or another military service while he is a contracted ROTC cadet unless he was properly released from his ROTC cadet status b. A memorandum to the applicant from Northern Arizona University, dated 11 June 2015 stating he was being disenrolled from the ROTC program based on his breach of the ROTC contract. The applicant failed the pre-commissioning drug test on 16 March 2015. c. An unsigned, undated ROTC Contract agreement wherein the applicant stated he desired to serve on active duty immediately under Cadet Command's Special Active Duty Provision in fulfillment of his ROTC obligation. The enlistment normally would be within 30 days. d. Orders 008-01, published by Department of Military Science, Northern Arizona University, dated 8 January 2016, which shows the applicant was discharged from ROTC effective 8 January 2016. e. DD Form 785 (Record of Disenrollment from ROTC) showing the applicant was being disenrolled due to failing the pre-commission drug test taken on 16 March 2015. The Professor of Military Science stated the applicant should not be considered as a cadet without weighing the needs of the service against the reasons for his disenrollment. f. A DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), which shows the applicant enlisted in the Army on 6 September 2016 for a period of 4 years. There is no mention on the enlistment document that the applicant enlisted as needs of the service. g. Two LES from 1 through 30 November 2016 and 1 through 30 November 2017, which show the applicant has a miscellaneous debt of $300 per month and a total debt amount of $43,215 in November 2016 and $39,615 in November 2017. 5. 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, his record of service, the terms of his ROTC contract, the circumstances of his disenrollment, the absence of evidence to show him being ordered him to active duty, his enlistment 9 months after disenrollment and his honorable discharge due to combat related disability. The Board found insufficient evidence to show the applicant’s enlistment for the needs of the Army was resultant from his disenrollment from ROTC. Based on a preponderance of evidence, the Board determined that the applicant’s debt was not in error or unjust. 2. 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 :XXX :XXX :XXX 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. 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. Army Regulation 145-1 prescribes policies and general procedures for administering the Army Senior ROTC Program. Paragraph 3-43a(14) states undesirable character demonstrated by cheating on examinations, stealing, unlawful possession, use, distribution, manufacture, sale (including attempts) of any controlled substances, as listed or defined in 21 USC 812, discreditable incidents with civil or university authorities, falsifying academic records or any forms of academic will be cause for disenrollment from the program. 2. Title 10, USC, section 2005(a), states 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. 3. Army Regulation 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. ABCMR Record of Proceedings (cont) AR20180004352 5