ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 March 2020 DOCKET NUMBER: AR20190009690 APPLICANT REQUESTS: termination of education debt originating from the Army. APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * disenrollment from the Reserve Officers Training Corps (ROTC) * proof of service FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records 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 he elected to serve active duty in lieu of repayment and has served honorably for greater than 28 months. 3. The applicant's service records contain the following documents for the Board's consideration: a. A DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) which shows the applicant enlisted in the US Army Reserve (USAR) as a Cadet for a period of 8 years on 18 September 2013. b. A DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), dated 18 September 2013, which shows the applicant agreed to the following terms and conditions: * he received a 4 year scholarship * he had to enlist in the USAR Control Group (ROTC) * he agreed to be a full-time student in good standing * if he was disenrolled from ROTC the Secretary of the Army could order him to active duty as an enlisted Soldier * if he was offered the opportunity to repay his advance education assistance in lieu of being ordered to active duty he would be required to reimburse the US Government through repayment of financial assistance plus interest * pending discharge from ROTC he could not enlist in any military service * if the Secretary of the Army ordered him to repay his financial assistance subsequent enlistment in an Armed Service would not relieve him from his repayment obligation 4. The applicant's service records are void of documentation showing he was ordered to active duty by the Secretary of the Army. 5. The applicant provided the following documents for the Board's consideration: a. A memorandum from Headquarters, United States Army Cadet Command and Fort Knox, dated 27 September 2016, which states: * the applicant was being disenrolled from ROTC for breach of contract * his obligation to the Army must be satisfied by repaying the cost of his advanced education assistance * the total amount spent in support of his education was $27,141 * the applicant could make the payment in a lump sum or initiate a payment plan b. A memorandum from Headquarters Air Force Personnel Center, dated 10 June 2019, which shows: * the applicant joined the Air Force on 7 February 2017 * his term of enlistment was 4 years * he was serving on extended active duty 5. See applicable references below. BOARD DISCUSSION: The Board found insufficient evidence to grant full relief. The Board found that when the applicant was disenrolled from the ROTC program, he was not offered the option of repaying his ROTC debt by joining the Army as an enlisted member. The applicant was instructed to repay the total amount spent in support of his education, which was $27,141. Although the applicant later served in the Air Force, this was not a contracted method of repaying his debt to the U.S. Army. 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 :XX :XX :XX 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 prescribes policies and general procedures for administering the Army Senior ROTC Program. Paragraph 3-43a(16) states Breach of contract (including formerly used term willful evasion). (Note: 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) will result in disenrollment from the ROTC program. 3. Title 10, USC, section 2005(a), states 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190009690 3