BOARD DATE: 9 January 2020 DOCKET NUMBER: AR20190005189 APPLICANT REQUESTS: remission of Reserve Officer Training Corp (ROTC) debt in lieu of military service performed APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Enlisted Record Brief * DD Form 4 (Enlistment Document) * U.S. Department of Treasury Letter 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 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 that she was advised by the Department of Finance and Accounting Services that her education debt associated with her previous enrollment in the ROTC program could be forgiven once processed by the ABCMR. She further contests that she has served more than seven years on active duty as an enlisted Soldier, and continues to serve and apply the education that she obtained as an Army Journalist. 3. A review of the applicant’s available service records reflects the following on: * 24 May 2011 – she enlisted in the Army for 3 years and 25 weeks at the rank of Specialist (SPC/E4) * on her DD Form 1966, Record of Military Processing- Armed Forces of the United States, unsigned, shows section III (Other Personal Data), box 22b. (Education) of her initial enlistment document - she denies prior enrollment in ROTC and 24a she states yes that she was in a regular or reserve branch of the Armed Forces or in the Army National Guard * 24 January 2014 – she reenlisted in the Army for 3 years * 1 March 2014 – she was promoted to Sergeant (SGT/E5) * 26 October 2015 – she reenlisted for 2 years * 26 October 2016 – she reenlisted in the Army for 2 years; she qualified and elected to receive the Selective Reenlistment Bonus (SRB) incentive 4. The applicant provides the following a: * Enlisted Record Brief dated 21 March 2019 – reflective of her periods of service, assignment history and civilian education (Baccalaureate degree in Criminal Justice earned in 2004) * DD Form 4 (Enlistment Document) dated 24 May 2011 – reflective of her initial enlistment in the Army as a SPC; document reflects previous military service from 1 September 2000 through 2 September 2002 (no supporting documents; however, in an email, the applicant states that she was in ROTC prior to enlisting); section III (Other Personal Data) 22b. (Education) she denies prior enrollment in ROTC * DD Form 4 dated 24 January 2014 – reflective of her reenlistment in the Army for 3 years * DD Form 4 dated 26 October 2015 – reflective of her reenlistment in the Army for 2 years * DD Form 4 dated 26 October 2016 – reflective of her reenlistment in the Army for 6 years; she qualified for and elected to receive the Selective Reenlistment Bonus (SRB) incentive * U.S. Department of Treasury Letter dated 18 April 2018 – reflective of a DFAS debt payment in the amount of $2059.00; handwritten remaining balance of $11,574.63 as of 22 February 2019 (Non-tax Federal debt) * A statement “My debt was for ROTC, one-year of tuition at St. John's University, Queens, NY. I did not join as an officer. I later enlisted in 2011 and am currently still serving active duty Army. I'm looking for my debt to be relieved in lieu of active duty service. 5. The applicant’s records and her submitted documents are void of an ROTC enrollment or disenrollment packet. 6. See all applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is not warranted. There is no documentary evidence to support the applicant’s statements that her U.S. Department of Treasury debt is for repayment of ROTC funds that the applicant was enrolled and then disenrolled from ROTC. In fact the documents provided and in her record show her statements that she was never enrolled in ROTC. 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. 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (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. Paragraph 3-43 prescribes the policies and procedures for disenrollment from the ROTC program. Paragraph 3-43a (10) states, a cadet can be disenrolled from the ROTC program for being dismissed from advanced camp, receiving a recommendation not to receive credit for advanced camp or withdrawal from advanced camp for reasons other than breach of contract. 3. 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. 4. Title 10, U. S. Code, section 2005 states 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 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190005189 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1