ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 28 May 2020 DOCKET NUMBER: AR20190007874 APPLICANT REQUESTS: * in effect, waiver of his Federal Reserve Officer Training Corps (ROTC) debt * that his record reflects four years of active service time APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter * letter from Cadet Command * DD Form 214 (Certificate of Release or Discharge from Active Duty) * NGB Form 22 (National Guard Report of Separation and Record of Service) * discharge orders FACTS: 1. The applicant did not file within the 3 year time frame provided in Title 10, U.S. 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 provided his DD Form 214, which shows he had 4 years of active service so there is no correction needed for that portion of his request. The Board will make a decision regarding the applicant's request to waive his ROTC debt. 3. The applicant, on his application and in his self-authored letter, states: a. He points out there is no investigative action the Board needed to take. What he needs is complex. He provided the documents he had for the Board's consideration. There was not enough documentation in his file for the Board to make a decision. b. While the applicant was in college, he was part of the ROTC from 2009 to 2011 and during that time, he received a bonus around $5,700 for training and languages. During his final evaluation at Leaders Development and Assessment Course, his observers did not pass him because he did not adhere to their standards. c. The original contract he signed said if he failed ROTC, he would have to pay back the money. Upon speaking to the Defense Finance and Accounting Service (DFAS), he was told that if he completed two or more years on active duty and he could provide proof it would be considered in lieu of debt. He had a point of contact at DFAS. d. He began the process on 13 November 2012, but he could not make any type of formal appeal for another two years. He had sent a DD Form 149 to DFAS and other corrective agencies when the time came, but he did not receive a response. e. DFAS explained to him he needed to send a DD Form 149 to the Board and they would forward information to DFAS that he had completed his service requirements honorably, and they would terminate the debt he owed. f. He included all available correspondence he had in his possession for the Board's consideration. 4. The applicant's service records contain the following documents for the Board's consideration: a. A college transcript from Slippery Rock University of Pennsylvania which shows he took American Military History, Advanced Military Skills, and Basic Military Skills. b. A certificate showing he received a Bachelor of Arts on 26 July 2011. c. A DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States), which shows on 6 August 2012 the applicant enlisted in the Army for 4 years in the rank of Specialist. 5. The applicant's service records are void of his ROTC scholarship, his disenrollment from ROTC, the amount of debt he incurred from being disenrolled from ROTC, and whether he entered active duty in lieu of repaying his ROTC debt. 6. The applicant provides the following documents for the Board's consideration: a. A letter from Headquarters, United States Army Cadet Command and Fort Knox, dated 13 November 2012, which states the Department of the Army, Office of the Deputy Chief of Staff, G1 reviewed his appeal and concluded his scholarship debt was valid and the total amount of monies spent in support of his education was $5,750. The debt was established with DFAS. b. A DD Form 214, which shows he enlisted in the Active Duty Army on 6 August 2012 and was released on 5 August 2016. He served 4 years of active duty service. c. An NGB Form 22, which shows the applicant enlisted in the National Guard on 7 August 2016 and was released on 1 September 2017. He served 1 year and 26 days in the National Guard. d. Discharge Orders (088-1075), dated 29 March 2018 states the applicant was honorably discharged from the Army National Guard and assigned to the US Army Reserve Control Group (Annual Training) effective 1 September 2017. 8. See applicable references below. BOARD DISCUSSION: After review of the complete evidentiary record, including the applicant’s statement, the Board found insufficient evidence to grant relief. 1. The Board carefully considered the applicant’s request to acknowledge and record four years of active service. The Board found that Item 12c (Record of Service, Net Active Service This Period) of the applicant’s DD Form 214, dated 5 August 2016 accurately reflects that the applicant served for 4 years on active duty. Therefore, the Board found no error to correct. 2. The applicant’s request, in effect, to waive his Federal Reserve Officer Training Corps (ROTC) debt was duly considered. The Board found insufficient evidence to grant relief. The record is void of and the applicant did not provide sufficient evidence that the applicant was offered the option of repaying his ROTC debt by joining the Army as an enlisted member. The record reflects that the applicant was instructed to repay the total amount spent in support of his education, which was $5,750.00. Although the applicant later served in the Army, this was not a contracted method of repaying his debt. Therefore, the Board found no basis on which to grant relief. 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, 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 Reserve Officers' Training Crops Program) prescribes policies and general procedures for administering the Army Senior ROTC Program. Paragraph 3-43a(10) states you may be disenrolled from ROTC 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. DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), if disenrolled, the Secretary of the Army or his designee may order a Cadet to active duty as an enlisted Soldier if qualified for a period of not more than four years if the Cadet fails to complete the ROTC program. If he offered the opportunity to repay the educational assistance in lieu of being ordered to active duty the Cadet would be required to reimburse the United States government through repayment of the amount of money plus interest equal to the entire amount of financial assistance pay by the United States. 4. 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. ABCMR Record of Proceedings (cont) AR20170007857 3