ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 17 October 2019 DOCKET NUMBER: AR20190011285 APPLICANT REQUESTS: Dismissal of Reserve Officer Training Corps (ROTC) debt. APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) * Enlistment Orders * Permanent Change of Station (PCS) orders FACTS: 1. The applicant states: * he would like his ROTC debt removed * he enlisted in the Army with a 6-year contract in September 2018 in order to be absolved of this debt 2. The applicant provides: * a DD Form 4/1 showing he enlisted in the Regular Army for 5 years on 10 September 2018 * Enlistment Orders 8253010 published by Military Entrance Processing Station, dated 15 August 2018, showing he would report to Fort Jackson, South Carolina on 11 September 2018 * PCS Orders 310-328 published by Headquarters, United States Training Center and Fort Jackson, dated 6 November 2018, showing he had a PCS to Fort Lee, Virginia 3. The applicant's service records contain a DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), dated 10 December 2013. The applicant signed the contract stating he understood: * the scholarship would pay for 4 academic years at the University of Utah * tuition and fees would be paid in full * books and laboratory expenses would be paid at $1,200 during the contract period * he would be paid a monthly subsistence starting at $300 up to $500 * he understood he would incur an active duty and/or reimbursement obligation after the first day of his MS II year (sophomore year) if he is a four-year college scholarship recipient * if he was disenrolled, he agreed to service as an enlisted Soldier on active duty for not more than 4 years * if he was offered the opportunity to repay his advanced educational assistance in lieu of being ordered to active duty, he would be required to reimburse the money plus interest * he understood the Secretary of the Army, or his or her designee, retained the prerogative to either order him to active duty or order monetary repayment of his scholarship benefits * if he was required to repay his advanced educational assistance under the terms of the contract, his subsequent enlistment in an Armed Service would not relieve him from his repayment obligation 4. The applicant's service records contain a DD Form 785 (Record of Disenrollment from Officer Candidate - Type Training), dated 2 November 2016. The document states: * the applicant entered the program on 4 November 2013 * he was scheduled to be commissioned on 5 May 2018 * he was disenrolled under the provisions of Army Regulation 145-1 (Senior ROTC Program: Organization, Administration, and Training) paragraph 3-43a(10) * the disenrollment was based on him 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 * the applicant was "definitely not recommended" for future officer training * date disenrolled was left blank 5. There is no evidence in the applicant's record, and the applicant did not provide evidence, he enlisted for needs of the Army. There is no evidence the Secretary of the Army requested the applicant enlist needs for the Army versus repayment of his ROTC 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. 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. 7. 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 is when the debt is incurred while not on active duty or in an active status. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is not warranted. 2. The applicant signed DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), dated 10 December 2013, that he understood if he was disenrolled, a. He was required to repay his advanced educational assistance under the terms of the contract and his subsequent enlistment in an Armed Service would not relieve him from his repayment obligation. b. That only the Secretary of the Army could request the applicant enlist to meet the needs for the Army versus repayment of his ROTC debt. 3. There is no evidence that the Secretary of the Army requested the applicant enlist to meet the needs of the Army versus repayment of his ROTC debt. ? 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. 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. 2. 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. ABCMR Record of Proceedings (cont) AR20190011285 3