ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 9 January 2020 DOCKET NUMBER: AR20190001920 APPLICANT REQUESTS: * full relief of current balance of Reserve Officer Training Corps (ROTC) debt * personal appearance before the Board APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * request for an Exception to Policy (ETP) * letter of recommendation to attend Florida National Guard Flight School * completion of ROTC Leader Development and Assessment Course * letter of acceptance to the Aviation Branch * letter of congratulation for graduating the Leader Development and Assessment course * ROTC Scholarship * ROTC Scholarship conversion * disenrollment of ROTC Scholarship * request to be ordered to active duty * desire to serve on active duty * education assistance data sheet * Helicopter Repair Course certificate * award of Aviation Badge * Airframe Field Maintenance Course completion * Certificate of Achievement * Certificate of Completion United States Army Warrant Officer Career College * Appointment as a Reserve Warrant Officer * completion of Initial Dunker Qualification Course * Certificate of Training Survival, Evasion, Resistance, and Escape (SERE) course * SOLO Certificate * Initial Entry Rotary Wing Aviator Course completion * Pilot of UH60A course Certificate * award of Army Aviator Aeronautical Designation and of Army Aviator Badge * Warrant Officer Officer Evaluation Report (OER) * Discharge from Army National Guard (ARNG) * assignment to US Army Reserve (USAR) Control Group (Reinforcement) * 2017 OER * Exception to Policy regarding repayment terms * current repayment plan as of 12 January 2018 FACTS: 1. The applicant did not file within the time frame provided in the statute of limitations; however, the Army Board for Correction of Military Records has elected to conduct a substantive review of this case and has determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: * he would like full relief of the current balance of his ROTC debt * the original debt amount was $49,812.72 * the current balance (January 2019) was $26,003.83 * he was in the University of Tampa Army ROTC program in 2007 * he successfully passed the ROTC Leaders Development Assessment Course * he was accepted into the Aviation Branch of the Tennessee ARNG prior to his disenrollment from the ROTC program * he was disenrolled his senior year due to failure to maintain academic standards * he made the conscience and heavy choice to not serve at the needs of the Army and to pay back his ROTC debt * he reenlisted in the US Virgin Islands ARNG 4 years later as a Private E2 * he earned his way to Warrant Officer Cadet Flight School and is now a Chief Warrant Officer 2 in the USAR in Clearwater Florida * he is fulfilling his original obligation as a reserve commissioned officer in the aviation branch * he humbly requests the remaining balance of his ROTC debt be granted full relief in exchange for the additional duty service obligation beyond his current September 2020 date * he does not wish to continue the immense financial burden of repayment at $44 per day of active duty or $88 per day of drill * his debt was incurred 11 years ago, but he could not, without merit, request relief of any kind without first serving * it is his hope that his service from 2011 to 2019 will be considered in justifying an ETP for the remaining debt 3. In a self-authored letter to the Board subject Request ETP for ROTC Debt Relief, dated 23 January 2019, the applicant states: * he has been serving in the capacity of his ROTC Guaranteed Reserve Forces Duty (GRFD) since 31 January 2013 * the exception is that he is a Commissioned Warrant Officer in the USAR * he chose to repay his ROTC debt in monthly installments * his subsequent voluntary enlistment was not an authorized method of repayment * his current service as a Commissioned Warrant Officer is satisfying the obligations under the GRFD * it has been 11 years since the debt was incurred * it was important to him as a Soldier to serve before presenting his case in front of the Board * his current debt collection rate is $44 per day of active duty which equates to $88 per day of drill * this results in an immense financial burden every time he serves a standard weekend drill, 28 day Annual Training, 4 hour Additional Flight Training Period and temporary duties * he would like to express his sincerest gratitude for the Board's review of his request * he hopes the Board will grand the EXT for debt relief 4. The applicant's service records contain the following documents for the Board's consideration: * an NGB Form 594-1 (ARNG Simultaneous Membership Program Agreement), dated 12 September 2007 * a transcript from the University of Tampa, which shows he did not maintain his grade point average (GPA) for the fall term of 2007 * a DA Form 71 (Oath of Office - Military Personnel), which shows he was appointed as a Warrant Officer One on 31 January 2013 5. The applicant provides the following documents for the Board's consideration: a. a letter from the Professor of Military Science University of Tampa, dated 21 March 2007, which states: * he had daily contact with the applicant since 2005 * the applicant has proven to be one of the very best athletes and young leaders in the ROTC program * he was on track to be the first in his family to graduate from college and maintain a 2.66 GPA * he routinely helped other cadets study for tests * the applicant was 100 percent committed to becoming an aviation officer * the applicant possessed the leadership ability, character, values, drive, and commitment to be a great aviator and officer b. a letter from the Florida Southern College Assistance Professor of Military Science, dated 26 March 2007, which states: * she enthusiastically endorsed the applicant for the Florida ARNG Flight School * the applicant had the requisite skills, motivation, and drive to be extremely successful * he represented the Army values in all he did * he would be an asset to the Florida ARNG * he was a self-starter that set goals and achieved them with high results * she was impressed by the applicant's professionalism and confidence * he was a determined and positive leader * he had the potential and the ability to tackle the many challenges in the Aviation field c. a letter from the Senior Military Instructor of Leadership, dated 28 March 2007, which states: * the applicant was a role model to all of the cades * he did an outstanding job on the university cross-country track team * other sought him out for training advice * he learned from his mistakes * he was extremely dedicated to his studies * he was mature and well-rounded and had all characteristics and skill that would serve him well as an Army officer and Army Aviator * he lives for duty, honor, and country d. a certificate of training for the 2007 ROTC Leader Development and Assessment Course, dated 13 July 2007 e. a letter of acceptance for Reserve Duty as an Aviation Officer, dated 2 October 2007 f. a letter of Congratulations for his graduation from the Leader Development and Assessment Course, dated 13 July 2007 g. a DA Form 597-3 (Army Senior ROTC Scholarship), dated 25 January 2005 which states: * the applicant agreed to remain a full-time student in good standing until he receives his degree * he agreed to maintain, at a minimum, a cumulative academic GPA of 2.0 * he agreed to maintain at least a 2.0 GPA in all ROTC courses * he agreed to incur an active duty and/or reimbursement obligation * if he was disenrolled from the program, the Secretary of the Army or his designee could order him to active duty as an enlisted Soldier * if he was offered an opportunity to repay his advanced educational assistance in lieu of being ordered to active duty, he would be required to reimburse the United States Government h. a form stating the applicant was converted from active duty scholarship through Army ROTC to GRFD Scholarship i. a memorandum from US Army Cadet Command, dated 22 January 2008 subject Disenrollment of Scholarship Cadet from ROTC, which states: * the applicant was disenrolled from the ROTC program * the disenrollment was because of withdrawal or dismissal from the academic institution and failure to maintain a minimum GPA of 2.0 * the applicant could request a hearing * the applicant waived his right to a hearing * he acknowledged the amount and validity of his debt * he declined call to active duty within 60 days * he declined expeditious call to active duty * he signed the notification on 25 January 2008 j. a form entitled Enhanced Education Financial Assistance Record, which shows the total Army ROTC Scholarship Benefit paid as $49,812 k. a certificate from the US Army Aviation Logistics School, showing he completed UH-60 Helicopter Repairer Course on 13 May 2011 l. Permanent Order 067-74, published by United States Army Garrison, Fort Monroe, Virginia, dated 8 March 2011 awarding him the Aviation Badge - Basic m. a certificate of achievement for completing EC145 Airframe Field Maintenance Course on 17 June 2011 n. a certificate of achievement for completing UH72-A Options Course on 28 June 2011 o. a certificate showing he was a graduate of the Warrant Officer Candidate School on 31 January 2013 p. appointment certificate for being appointed as a Reserve Warrant Officer on 31 January 2013 q. a certificate showing he completed Initial Dunker Qualification Course on 27 February 2013 r. a certificate showing he completed SERE Level C training on 26 May 2013 s. a SOLO Certificate showing on 29 July 2013, he successfully SOLO'ed a TH-67 t. a certificate showing he completed the Initial Entry Rotary Wing Aviator course on 16 September 2014 u. a certificate showing his qualification as Pilot of the US Army/Sikorsky UH-60 Black Hawk on 16 September 2014 v. Orders 273-247 published by US Army Installation Management Command, Fort Rucker, Alabama, dated 30 September 2014, awarding him the Army Aviator Aeronautical Designation and Army Aviator Badge w. DA Form 67-10-1 (Company Plate OER) through 2 October 2015, which shows: * he is one of the most outstanding officers his rater had the pleasure of working with * the applicant always adhered to the Army Values * he was able to excel at any task without mental reservation * he had the potential to ben an exemplary helicopter pilot * he was highly qualified x. DA Form 67-10-1, through 8 September 2016, which states: * he implemented lessons learned from the Aviation Resource Management Survey * he developed a tracking system for all areas of the Aviation Resource Management Survey * he was a great asset to the US Army pilot inventory * he had the potential to excel in any military aircraft he was assigned * send to Warrant Officer Advanced Couse with his peers * he was highly qualified y. Orders 260-500, published by Joint Force Headquarters, Virgin Islands, honorably separating him from the ARNG and placing him USAR Control Group Individual Ready Reserves effective 8 September 2016 z. Orders C-11-615695 Published by US Army Human Resources Command, dated 17 November 2016 transferring him from USAR Control Group Reinforcement to a USAR unit * a DA Form 67-10-1, through 18 November 2017, which states: * anticipated and adapted to changes in Battle Assemblies and flight schedule * constantly provided coaching and mentoring to subordinates * willing to go out of his way to ensure unit succeeds with any mission or task * wend to Warrant Officer Advance Course without delay and promote as soon as eligible * he was highly qualified aa. email regarding ETP prorating payment to $44 per day which is equal to $176 per drill weekend, dated 29 January 2018 bb. Leave and Earnings statements for January 2019, November 2018, and August 2018, showing his debt and payments of his debt 6. Army Regulation 145-1 (Senior ROTC Program: Organization, Administration, and Training) paragraph 3-43 (Disenrollment) prescribes policies and general procedures for administering the Army Senior ROTC Program. It states a scholarship cadet may be dis-enrolled only by the commanding general ROTC Cadet Command. Paragraph 3-43 prescribes the policies and procedures for disenrollment from the ROTC program. a. Paragraph 3-43a (4) states, a cadet can be disenrolled from the ROTC program because of withdrawal or dismissal from the academic institution. 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. b. Paragraph 3-43a (6) states, a cadet can be disenrolled from the ROTC program for failure to maintain a minimum semester or quarter cumulative academic GPA of 2.0 on a 4.0 scale or higher if required by the school and at least a 3.0 on a 4.0 scale or equivalent semester or quarter and cumulative average in all ROTC courses. 8. 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 is when the debt is incurred while not on active duty or in an active status. 9. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is warranted. In light of this military service after departing ROTC, the applicant’s ROTC debt balance of $26,003.83 as of January 2019 should be cancelled and any funds collected since January 2019 refunded to the applicant. 2. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not required to serve the interest of equity and justice in this case. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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 $26,003.83 of his ROTC debt and funding to him any ROTC debt money collected from him since January 2019. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains a personal appearance before the Board. 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, U.S. 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. Army Regulation 145-1 (Senior ROTC Program: Organization, Administration, and Training) paragraph 3-43 (Disenrollment) prescribes policies and general procedures for administering the Army Senior ROTC Program. It states a scholarship cadet may be dis-enrolled only by the commanding general ROTC Cadet Command. a. Paragraph 3-43a (4) states, a cadet can be disenrolled from the ROTC program because of withdrawal or dismissal from the academic institution. 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. b. Paragraph 3-43a (6) states, a cadet can be disenrolled from the ROTC program for failure to maintain a minimum semester or quarter cumulative academic GPA of 2.0 on a 4.0 scale or higher if required by the school and at least a 3.0 on a 4.0 scale or equivalent semester or quarter and cumulative average in all ROTC courses. 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. 4. Army Regulation 15-185 (ABCMR), the regulation under which this Board operations, provides that ABCMR members will review all applications that are properly brought before them to determine the existence of an error or injustice, and to direct or recommend changes in military records to correct the error or injustice, if persuaded that a material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. // NOTHING FOLLOWS // ABCMR Record of Proceedings (cont) AR20190001920 8