ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 July 2019 DOCKET NUMBER: AR20180014523 APPLICANT REQUESTS: dismissal of Reserve Officer Training Corps (ROTC) debt. APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * memorandum Suspension of Collection * memorandum Request for Suspension * Exception to Policy Reinstatement FACTS: 1. The applicant states: * his obligation to complete his ROTC program has been fulfilled * the Chief of Pay Operations Division stated if he completed the program no collection would be necessary * the memorandum instructed to suspend collection until he completed the program * he completed ROTC in May 2018 2. The applicant provides: * a memorandum from Army Cadet Command requesting suspension of collection of his debt * a memorandum to Defense Finance and Accounting Services stating to G-1 all collection actions must be suspended. 3. The applicant unenrolled from the ROTC program and incurred a debt of $44,865. The applicant provides a memo, dated 10 August 2017, signed by the Acting Assistant Secretary of the Army (Manpower and Reserve Affairs) to the United States Army Cadet Command on 10 August 2017. The memorandum stated the exception to policy was granted and the applicant could be reenrolled into the ROTC program. 4. The applicant also provides a memo, dated 11 August 2017, from the Chief, Cadet Actions and Standards Division stating the applicant was allowed an exception to policy to reenroll in ROTC. The memorandum states if the applicant does not fulfill all of his ROTC obligations and accept a commission, the unearned portion of the debt would be collected. 5. The applicant further provides a memo, dated 21 August 2017, to the Commander, Defense Finance Accounting System from the Chief, Cadet Actions and Standards Division, stating all collection actions against the applicant must be suspended. If the applicant completes the program, no collection actions must be necessary. 6. The applicant's service records contain an Oath of Office. He became a Reserve Commissioned Officer on 4 May 2018. 7. In the processing of this case, an advisory opinion was obtained on 30 April 2019, from the Office of the Deputy Chief of Staff G-1. The advisory official recommended the Board disapprove the applicant's request for relief. The applicant has not completed his active duty service obligation. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 8. The advisory opinion was sent to the applicant on 2 May 2019 so he could respond. The applicant did not respond. 9. Army Regulation 145-1 prescribes policies and general procedures for administering the Army Senior ROTC Program. a. Paragraph 3-40b states, former scholarship cadets who desire reenrollment must repay all financial assistance expended on their behalf prior to reenrollment in addition to meeting all reenrollment criteria. The PMS will not conditionally contract any former scholarship cadets until they ensure that repayment has been made and that all other reenrollment criteria are met. b. Paragraph 3-43a(4) specifies a former cadet may be reenrolled if he or she enters a school that offers ROTC, provided that he or she meets the reenrollment criteria. c. Paragraph 3-43a (16) specifies that disenrollment will occur if there's a 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. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and an advisory opinion. The Board considered the applicant’s statement, his disenrollment and subsequent re-enrollment in ROTC, the ASA M&RA decision to suspend his debt, and his subsequent commissioning. The Board considered the conclusion of the advising official noting the applicant had not yet completed the required service obligation and that his education debt should continue to be held in abeyance and in a suspended status until he completes his active duty service obligation. The Board concurred with the conclusions of the advising official and determined that the applicant’s education debt should remain in a suspended status until such time as he completes his required obligated 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 :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.? REFERENCE: Army Regulation 145-1 prescribes policies and general procedures for administering the Army Senior ROTC Program. a. Paragraph 3-40b states, former scholarship cadets who desire reenrollment must repay all financial assistance expended on their behalf prior to reenrollment in addition to meeting all reenrollment criteria. The PMS will not conditionally contract any former scholarship cadets until they ensure that repayment has been made and that all other reenrollment criteria are met. b. Paragraph 3-43a(4) specifies a former cadet may be reenrolled if he or she enters a school that offers ROTC, provided that he or she meets the reenrollment criteria. c. Paragraph 3-43a (16) specifies that disenrollment will occur if there's a 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. ABCMR Record of Proceedings (cont) AR20180014523 4