IN THE CASE OF:  

		BOARD DATE:  21 March 2023

		DOCKET NUMBER:  AR20190001496


APPLICANT REQUESTS:  relief from recoupment of his education debt incurred while 
attending the United States Military Academy (USMA).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty) x 2
*	Orders Number 321-0002

FACTS:

1.  The applicant states he served a period of two years on active duty, which was 
equivalent time of service to the monetary value of the (USMA) debt. He left the service 
with an honorable discharge after this period of service. This upheld his obligation of 
service.

2.  A review of the applicant’s service records shows the following: 

   a.	On 16 July 2010, he enlisted in the US Army Reserve (USAR) and agreed to 
serve for a period of eight years. The DD Form 4/1 (Enlistment/Reenlistment Document) 
shows in section B (Remarks), the enlistment is for the purpose of being placed on 
active duty to attend USMA preparatory school in Fort Monmouth, NJ (class 2011). 
Failure to Complete the Course will result in discharge from service with no service 
obligation.  

   b.	On 22 June 2011, he was relieved from active duty effective 26 June 2011 and 
assigned to the USAR Control Group (Reinforcement), US Army Human Resources 
Command (HRC) to serve as a cadet at USMA. A DD Form 214, dated 26 June 2011 
shows in: 

*	Item 12c (Net Active Service this Period), he served 11 months and 11 days 
of service as a student of the USMA Prep School
*	Item 28 (Narrative Reason for Separation), “TO ENTER SERVICE 
ACADEMY”
   c.	n 3 November 2014, he was honorably released from USMA under the 
provisions of Army Regulations (AR) 210-26 (USMA) and AR 612-205 (Appointment 
and Separation of Service Academy Attendees) by academic reason.  

      (1)  A copy of his transfer orders (Orders 321-0002), dated 17 November 2014, 
reflect he was ordered to active duty enlisted service.  The orders state USMA 
Regulations and the Office of the Assistant Secretary of the Army (Manpower and 
Reserve Affairs) memorandum, dated 3 November 2014, states the applicant will be 
transferred to the USAR as an E-3 until his military service obligation expires (15 July 
2018) and immediately ordered to active duty for a period of two years.  Failure to 
complete two years of active duty enlisted service under honorable conditions will result 
in the Service member debt to the United States government for accrued education 
costs.  It further state he will report to his local Recruiting Station no later than 19 
December 2014, to be assigned a Military occupational Specialty based on the needs of 
the Army, to initiate personnel and finance records, and to schedule his Advanced 
Individual Training date.

      (2)  His DD Form 214 shows he was credited with 3 years, 4 months, and 7 days 
of net active service, reflective of his time at USMA. 

   d.	On 17 May 2016, he enlisted in the Regular Army for a period of 2 years.  His 
enlistment contract reflects he enlisted in the pay grade E-3 and agreed to serve as a 
91H (Track Vehicle Repairer). 

   e.	On 16 May 2018, he was honorably released from active duty.  A copy of his 
DD Form 214 shows he completed 2 years of active service for this period.  Orders 
Number 026-0051 issued by Headquarters, US Army Garrison, Fort Carson reassigned 
him to the transition point for transition processing, in accordance with his discharge.

   f.	Orders Number D-07-820250, issued by HRC, Fort Knox, KY on 17 July 2018, 
discharged him under honorable conditions.  This ended his military service obligation. 

   g.	Enlisted Record Brief, which shows in Section IX – Assignment Information, the 
applicant was assigned to:

*	USMA Cadet Detachment from 26 June 2011, for approximately 40 months
*	832d Ordnance Battalion, Company C from 23 May 2016 for 3 months (AIT)
*	64th Combat Support Company D (Forward), Fort Carson from 
22 August 2016 through 16 May 2018

3.  The applicant provides: 

   a.	A copy of his DD Form 214 (Certificate of Release or Discharge from Active 
Duty) for the period ending 16 May 2018 to show he served two years of service in the 
Regular Army; was honorably discharged by reason of completion of required active 
service.  

   b.	Orders Number 321-0002, issued by the G1, United States Military Academy, 
West Point, NY on 17 November 2014, wherein the applicant was ordered to active duty 
enlisted service in the rank and grade of PFC/ (E-3).  

4.  The applicant’s service record contains a DA Form 5016 (Chronological Statement of 
Retirement Points) which reflects he is credited with 7 years, 10 months, 1 day of 
qualifying years for retirement.  

5. Department of Defense (DOD) 7000.14, Financial Management Regulation (FMR), 
Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), details 
the computation of the pay entry base date and states that service as a cadet or at a 
military academy is always creditable service for an enlisted member who is not 
commissioned and reverts back to his/her enlisted status to complete their enlistment 
contract.  

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered. The 
evidence shows the applicant was released from his cadet status on 3 November 2014, 
due to academic reason. He was instructed that he would be transferred to the USAR 
as an E-3 until his military service obligation expires (15 July 2018) and immediately 
ordered to active duty for a period of two years. He was also instructed that failure to 
complete two years of active duty enlisted service under honorable conditions will result 
in a debt to the United States government for accrued education costs. The evidence 
further shows the applicant enlisted in the Regular Army in good faith on 17 May 2016 
for 2 years and he was honorably discharged on 15 May 2018, completing 2 years of 
active service. The Board determined he satisfied the contractual requirements and 
should have his debt remitted.
?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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:

*	showing the applicant’s enlistment in the Regular Army from 17 May 2016 to 16 
May 2018 satisfied the requirements of his USMA debt
*	showing the applicant submitted an exception to policy to the Army G-1 to waived 
his educational debt 
*	showing the Army G-1 approved his exception to policy request and remitted his 
debt 

		  
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 612-205 (Appointment and Separation of Service Academy 
Attendees) contains procedures for the separation of cadets from the USMA.  Table 3, 
rule 6 (the rule the applicant was separated under) states that after commencement of 
the third academic (junior year), but before the commencement of the fourth academic 
year (senior year) the cadet is separate or resigned will be transferred to the Reserve in 
pay grade E-3 (or appropriate grade) for 2 years and may be ordered to active duty for 
not less than 2 years.  
2.  AR 210-26 (U.S. Military Academy) provides policy and procedures for the general 
governance and operation of the USMA.

   a.  Paragraph 3-14 states cadets will sign a service agreement to complete the 
course of instruction and to serve in the United States Army in accordance with 
applicable regulations.
   
   b.  Chapter 6 provides for separation for misconduct, honor, disciplinary, academic, 
or other grounds for separation of cadets.
   
   c.  Paragraph 7-9(c) states that a cadet who voluntarily or because of misconduct 
fails to complete the period of active duty service specified in the cadet's agreement to 
serve may be required to reimburse the government for educational costs pursuant to 
Title 10 United States Code (USC), section 2005.  
   d.  Paragraph 7-9(e) states Cadets separated from the Military Academy under 
procedures other than those contained in table 7-1 may be deemed by the 
Superintendent to have breached their service agreement if the cadet's failure to meet 
the standards for continued attendance at USMA or for commissioning resulted from a 
willful act or omission.

      (1) For Academic, Military, or Physical Program failures, the determination of a 
willful act or omission will be based on a recommendation of the Academic Board after 
the cadet has been advised of the basis for the contemplated separation and has had 
the opportunity to present, in writing, his or her rebuttal to the allegation of willful act or 
omission.

      (2) For other failures, the determination of a willful act or omission will be based 
upon an investigation conducted under the provisions of AR 15-6. The Superintendent, 
upon recommendation of the Commandant, will appoint the investigating officer. The 
report of the investigating officer will be processed in accordance with paragraph 7-3, 
prior to action by the Superintendent.
   e.  However, a cadet who voluntarily, or because of misconduct fails to complete the 
period of active duty service specified by the Secretary in the cadet's agreement to 
serve may be required to reimburse the Government for educational costs pursuant to 
Section 2005, Title 10, United States Code (10 USC 2005) and implementing 
regulations. If the Secretary determines that such active duty service is not in the best 
interests of the Army, the cadet will be considered to have failed to complete the period 
of active duty and may be required to reimburse the government for educational costs.
3.  Title 10, U.S. Code, section 516 (Effect upon enlisted status of acceptance of 
appointment as a cadet or midshipman).  If a person covered by subsection (a) is 
separated from service as a cadet or midshipman, or from service as a midshipman in 
the Navy Reserve, for any reason other than his appointment as a commissioned officer 
of a regular or reserve component of an armed force or because of a physical disability, 
he resumes his enlisted status and shall complete the period of service for which he 
was enlisted or for which he has an obligation, unless he is sooner discharged. ?In 
computing the unexpired part of an enlistment or period of obligated service for the 
purposes of this subsection, all service as a cadet or midshipman is counted as service 
under that enlistment or period of obligated service.

4.  AR 600-4 (Remission of Cancellation of Indebtedness) states, the objectives of 
remission or cancellation of debt are to remit or cancel debts to the U.S. Army that are 
considered to be unjust and in the best interest of the United States.  A Soldier’s debt to 
the U.S. Army may be remitted or canceled in cases arising from payments made in 
error or in excess of an allowance, and debts in which an appeal has been denied to the 
Soldier.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190001496


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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