ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  20 May 2019

	DOCKET NUMBER:  AR20180005152


APPLICANT REQUESTS:  Reconsideration of his previous request to remit/cancel his $65,607.00 Reserve Officers’ Training Corps (ROTC) debt. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* Self-authored letter in lieu of DD Form 149 (Application for Correction of Military Record)
* Baylor University advisement sheet
* Memorandum, Subject: Scholarship Benefit Package Election
* Grade sheet
* Leave and Earnings Statement (LES), dated 1 and 15 October 2013
* Emails, dated between July and October 2013
* Request for additional financial aid, dated 15 October 2013
* Self-authored timeline
* December 2013 medical notes
* DA Forms 4856 (Developmental Counseling Form), dated 5 and 10 December 2013
* Work release note, dated 6 December 2013
* Text messages, dated 12 December 2013
* Email, dated 13 December 2013
* Leadership assessment report, dated 13 December 2013
* January 2014 medical notes
* Email, dated 21 January 2014
* Work release note, dated 23 January 2014
* Email, dated 3 February 2014
* Army Board for Correction of Military Records (ABCMR) letter, dated 31 January 2018

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20160003220 on 5 October 2017.
2.  The applicant states in pertinent part, the Board made the wrong decision in his previous case which could lead to legal and financial corrections.  The evidence included was not considered during the most recent decision.

3.  A review of the applicant’s service records show the following on:

* 12 August 2011 – having had prior enlisted service in the Regular Army, the applicant enlisted as a ROTC scholarship cadet, in conjunction with this enlistment DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) was completed showing the following:

* his dates of education would be from 22 August 2011 – 15 May 2015
* Department of the Army would pay scholarship benefits for 4 academic years
* tuition and fees would also include room and board and a $1,200.00 book and laboratory expense
* monthly subsistence at the rate of Military Science (MS) 1st year cadet, $300.00 per month, MS 2nd year cadet $350.00 per month, MS 3rd year cadets $450.00 per month, MS 4th and 5th year cadets 500 per month
* he agreed to enroll in the necessary courses and successfully complete the requirements of the degree and the ROTC program
* he agreed to remain a full time student in good standing 
* if he was dis-enrolled he would repay any advanced educational assistance, plus interest, equal to the entire amount of financial interest
* he endorsed the contract with his signature on 12 August 2011

* his record is void of an ROTC disenrollment packet that would contain the specific incidents leading to his disenrollment
* 10 October 2015 – the applicant petitioned the Board to remit/cancel his $65,607.00 ROTC debt due to medical issues caused by the Government and ROTC leadership and on 5 October 2017 the Board denied his request

4.  The applicant provides:

* ABCMR letter wherein he was informed the Board denied his request for correction of his records
* Baylor University advisement sheet showing classes by semester
* Memorandum, Subject: Scholarship Benefit Package Election wherein he elects to receive 2013-2014 scholarship benefits for tuition and fees
* blackboard grade sheet showing his grades by exam/quiz
* October 2013 LES showing he was paid a $225.00 ROTC subsistence payment on 1 October 2013 and nothing for 15 October 2013
* email correspondence wherein the applicant corresponds with a human resources technician in regards to his scholarship paying for tuition and fees and informed Captain (CPT) X- X he would not be attending physical training because he was not feeling well and listed several factors 
* request for additional financial aid wherein he requests financial aid because the Army had not paid his tuition nor his monthly stipend because of the Government shutdown
* timeline of events wherein he provides details of how the Government shutdown would affect his ability to pay his tuition and his election to pursue a Baylor University institutional loan
* December 2013 medical notes wherein the applicant was seen and evaluated for allergies and fatigue
* DA Form 4856 wherein he was counseled as a MS 3rd year cadet on the cadet requirements and expectations to assist him in meeting short and long term goals
* work/school release showing he could return to work/school on 6 December 2013
* DA Form 4856 wherein he was receiving end of semester counseling
* text messages wherein he corresponds with another cadet related to signing a blue card
* email correspondence from the applicant to CPT X- X- wherein he was inquiring about the negative counseling and its full implications, and he was not prepared mentally to sign his name to anything he did not understand or respond to any alleged wrong doings
* leadership assessment report showing he received a negative report for failing to report to physical training for accountability 
* January 2014 medical notes wherein the applicant was seen for an initial evaluation of allergies that had existed for an extended amount of time
* work/release showing he could return to work/school on 23 January 2014
* email from Mr. X X wherein the author commended the applicant for taking responsibility for his deficiency and him understanding the importance of accountability, and his doctor’s note did not say what his ailment was nor when he sought medical advice, also indicating contradictory statements
* email correspondence wherein the applicant identifies he went to physical training on the morning of 22 January 2014 with a doctor’s note, and he followed the standard operating procedure and still was not released as the doctor’s note stated

5.  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.

6.  AR 15-185 (ABCMR) states, 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.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, evidence in the record and the documentation associated with the previous ABCMR consideration.  The Board reviewed the medical documents and correspondence provided by the applicant and noted that the disenrollment packet is not available for review.  Based on the preponderance of evidence, the Board determined that the applicant’s disenrollment was not due to an unfitting medical condition that would have disqualified him from military service.

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

: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.



	 
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):

Not Applicable



REFERENCES:

1.  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.

2.  AR 15-185 (ABCMR) states, 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.

ABCMR Record of Proceedings (cont)	 AR20180005152
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