BOARD DATE: 30 April 2020 DOCKET NUMBER: AR20180015674 APPLICANT REQUESTS: in effect, remission of her U.S. Army Reserve Officers' Training Corps (ROTC) scholarship debt. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 5315-R (U.S. Army Advanced Education Financial Assistance Record), dated 5 May 2010 * U.S. Department of Homeland Security - U.S. Coast Guard (USCG) - CG Form 5131 (Standard Travel Order), dated 14 June 2018 * Defense Finance and Accounting Service (DFAS) Billing Statement, with a billing date of 6 August 2018 * DD Form 214 (Certificate of Release or Discharge from Active Duty) 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 Army Board for Correction of Military Records (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 she received a DFAS student loan debt as a result of a ROTC scholarship she acquired while at Eastern Kentucky University. She was recently informed that with active duty service equaling or greater to the time the loan was accrued it would serve as time in lieu of payment. 3. The Integrated Personnel Electronic Records Management System (iPERMS) and the Integrated Web Services/Soldier Management System (IWS/SMS) did not contain her military records; however, the IWS/SMS does contain a database file that indicates the applicant was associated with the U.S. Army. However, this case is being considered based on the documents provided by the applicant. 4. The applicant stated she had a ROTC scholarship while attending Eastern Kentucky University. As a result, she would have signed a DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract). A review of the DA Form 597-3 currently in effect shows: a. Section 5 (Terms of Disenrollment) states "I understand and agree that once I become obligated and I am disenrolled from the ROTC Program for breach of contractual terms, or any other disenrollment criteria established now or in the future by Army regulations (which include, but are not limited to Army Regulation 145-1 (Senior ROTC Program: Organization, Administration, and Training) incorporated herein by reference, I am subject to the terms in paragraphs 5a through 5e below." (1) Paragraph 5a (I Agree to Serve on Enlisted Active Duty) states "Under the terms of this contract, the Secretary of the Army or his or her designee, may order me to active duty as an enlisted Soldier, if I am qualified, for a period of not more than 4 years if I fail to complete the ROTC Program. If I am disenrolled after the point of obligation, I may be ordered to active duty for one of the periods listed in paragraph 6 below based upon the year during which my disenrollment was initiated." (2) Paragraph 5c (Failure to Compete Required Service Obligation) states "I understand and agree that if I voluntarily or because of misconduct fail to complete any period of active duty or duty in a reserve status not on active duty that I have incurred under the contract whether as an officer or an enlisted Soldier, I will be required to reimburse the United States an amount of money, plus interest, that is equal to or bears the same ratio to the total cost of the financial assistance provided me by the United States as the unserved portion of such duty bears to the total period of such duty I was obligated to serve." (3) Paragraph 5e (I Agree that any Obligation to Reimburse will not be Altered by Subsequent Enlisted Duty) states "If I am disenrolled 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 the contract, my subsequent enlistment in an Armed Service will not relieve me from my repayment obligation." b. Section 6 (Enlisted Active Duty Service Obligations) states "If I am called to active duty for breach of contract under the provisions of paragraph 5, above, I will be ordered to active duty for one of the periods listed is based upon the year during which the breach occurs: (1) During MS II, 2 years; (2) During MS III, 3 years; and (3) MS IV, 4 years. 5. The applicant provides a DA Form 5315-R with a certified date of 5 May 2010 that shows she was awarded a 4-year Army ROTC Scholarship at Eastern Kentucky University with a contract date of 9 October 2008. It further shows the benefits paid to her as $8,410 as of the certified date. 6. The applicant further provides: a. A CG Form 5131, dated 14 June 2018 showing the type of orders as "Separation" authorizing her a retirement move from the USCG. b. A DFAS billing statement, dated 6 August 2018 showing her next installment due amount and her payment due balance of $3,078.65. c. A DD Form 214 showing the applicant was honorably retired in accordance with Commandant Instruction (COMDTINST) M1000.4 (Military Separations), by reason of disability, temporary on 13 October 2018. The DD Form 214 she was issued shows in: (1) Item 2 (Department, Component and Branch), the entry "Homeland Security: USCG AD (active duty)." (2) Item 4a and 4b (Grade, Rate, or Rank) and (Pay Grade), the entries "MR3" and E4" respectively. (3) Item 12a (Date Entered AD This Period), the entry "2012 06 26" representing she enlisted on 26 February 2012. (4) Item 12b (Separation Date This Period), the entry "2018 10 13" representing she was separated on 13 October 2018. (5) Item 12c (Net Active Service This Period), the entry "6 3 17" representing she completed 6 years, 3 months, and 17 days of service. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. One possible outcome discussed was to grant the applicant credit for active duty service. However, she was awarded a 4-year Army ROTC Scholarship at Eastern Kentucky University and further stated she understood if disenrolled from ROTC, the Secretary of the Army, or his or her designee, retains the prerogative to order monetary repayment of her scholarship benefits. The Board determined evidence presented does not demonstrate the existence of a probable error or injustice. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : :X : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :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. 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 Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3 year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Title 10, U.S. Code, section 2005 (Advanced education assistance: active duty agreement; reimbursement requirements), provides that 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 with the Secretary concerned under the terms of which such person shall agree: a. to complete the educational requirements specified in the agreement and to serve on active duty for a period specified in the agreement; b. that if such person failed to complete the education requirements specified in the agreement, such person would serve on active duty for a period specified in the agreement; c. that if such person does not complete the period of active duty specified in the agreement, or does not fulfill any term or condition prescribed, such person shall be subject to the repayment provisions of Title 37 USC, section 303a(e); and d. to such other terms and conditions as the Secretary concerned may prescribe to protect the interest of the United States. 3. Army Regulation 37-104-4 (Military Pay and Allowances Policy) provides policies and provisions for entitlements and collections of pay and allowances of military personnel. Chapter 31 provides for recoupment of educational expenses (e.g., SROTC, United States Military Academy, and advanced civilian schooling) under a previous agreement when obligated active duty service has not been completed. 4. Army Regulation 145-1 (Senior ROTC Program: Organization, Administration, and Training), prescribes policies and general procedures for administering the Army's Senior ROTC Program. a. Paragraph 3-39 states the Commanding General, U.S. Army Cadet Command, is the approving authority for termination of scholarship and/or disenrollment. A scholarship will be terminated and the cadet disenrolled for any of the reasons listed in paragraph 3-43. b. Paragraph 3-43 states that non-scholarship and scholarship cadets will be disenrolled for a breach of contract. Subparagraph 3-43a(16) states 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. Lack of interest in military training and/or failure to enroll in classes are reasons for disenrollment. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180015674 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1