ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:    BOARD DATE:  30 June 2021 DOCKET NUMBER:  AR20200010234 


APPLICANT REQUESTS: his Reserve Officers' Training Corps (ROTC) scholarship debt be waived and termination of recoupment in the amount of $111,250.95, based upon his date of enlistment in the U.S. Army.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.Letter from the Defense Finance and Accounting Service (DFAS), dated


9 June 2020
.DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on24 June 2020

.DD Form 215 (Correction to DD Form 214), dated 18 June 2020

.DFAS Leave and Earning Statement (LES) for the period of 1-31 May 2020



FACTS: 

1.The applicant states he is requesting termination of indebtedness in the principalamount of $111,250.95 for the recoupment of educational expenses by serving onactive duty in lieu of repayment. He has successfully served at least two years of activeduty service and has fulfilled the active duty service time requirement to repay hiseducational expenses.

2.The applicant's records show:

a.DA Form 3286 (Regular Army (RA) Enlistment Delay for Applicants with PriorService or an Existing Military Service Obligation), dated 11 October 2017, which states, "I hereby acknowledge my application for enlistment into the Regular Army (RA) has been accepted under the following terms and conditions. 

.I must remain fully qualified for enlistment into the RA which is scheduled for21 November 2017

.I will report to New York Military Entrance Processing Station (MEPS) not laterthan 21 November 2017 at 0600 hours.


.My enlistment into the RA will be 2 years and 31 weeks and my entry grade asdetermined in accordance with Army Regulation 601-210 (RA and ReserveComponents Enlistment Program) will be in the rank/grade of specialist


(SPC)/E-4

b.DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the UnitedStates), shows he enlisted in the RA for 2 years and 31 weeks' effective 
21 November 2017. 

3.The applicant provides:

a.Letter from the DFAS to the applicant, dated 9 June 2020, which states, "Our


records show you have an indebtedness in the principal amount of$111,250.95, for the recoupment of education expenses paid on your behalf during your participation in the U.S. Army ROTC. Records also show that you are currently active duty in the U.S. Army and have been since 4 December 2017.  

b.DD Form 214 reflects the following information:



.Item 12a (Date Entered Active Duty This Period): "21 November 2017"

.Item 12b (Separation Date This Period): "24 June 2020"

.Item 12c (Net Active Service This Period): "2 years, 7 months, and 4 days"

.Item 18 (Remarks): "Member as completed first full term of service"

.Item 23 (Type of Separation): "Release from Active Duty"

.Item 24 (Character of Service): "Honorable"



c.DD Form 215 (Correction to DD Form 214) made a correction to item 9


(Command to Which Transferred) to his original DD Form 214 that reflects he was transferred to the U.S. Army Reserve Control Group (Reinforcement). 

4.The U.S. Army Cadet Command and Fort Knox provided the following documents:

a.Memorandum for Applicant, issued by the Department of the Army, University of


Michigan, Subject: Notification of Disenrollment from the ROTC – Due Process and Appellate Rights of Scholarship/Non-scholarship – Cadet [Applicant], dated  
27 April 2016, which states, in pertinent part, "Or, if eligible, you may request expeditious call to enlisted active duty following completion of your disenrollment, in order to satisfy your contractual obligation and recoup your indebtedness to the U.S. Government. If you request this option, you will normally be ordered to active duty within thirty (30) days of approval of your disenrollment. Complete and return the enclosed Statement of Understanding (Special Active Duty Provision Statement of Understanding." In addition, he acknowledged and declined the following: 
.Decline: a delayed call to active duty

.Decline: an expedited call to active duty


























b. Cadet Command Form 131-R (Cadet Request Form), dated 19 July 2016, reflects in Section IV "Recommend Monetary Payback". This document is signed by the Commander/Authorized Representative Major P-. c. Memorandum thru Commander, issued by U.S. Army ROTC Battalion, Subject: Disenrollment – MS 3 Cadet [Applicant] from ROTC, dated 20 July 2016, states, "Recommend Cadet [Applicant] be dis-enrolled and required to payback monies owed." d. Memorandum for Commander, issued by Headquarters, Seventh Brigade, Subject: Disenrollment – MS 17 Cadet [Applicant] (University of Michigan), dated  22 September 2016, which states in pertinent part, "Recommend Cadet [applicant] pay back scholarship debt totaling $109,420.95." e. A memorandum, dated 3 October 2016, which states, "After careful review of your case, you are hereby dis-enrolled and will be discharged from the ROTC program under the provisions of Army Regulation 145-1, (Senior Reserve Officers' Training Corps Program: Organization, Administration, and Training), paragraph 3-43a. Disenrollment is due to breach of the ROTC contract based on your withdrawal from military science classes. The total amount of monies spent in support of your education is $109,420.95." The approval authority was the U.S. Army Cadet Command, Commanding General. This memorandum is void of a statement ordering the applicant to a concurrent call to active duty.  BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted.  The applicant’s contentions, the military record, and regulatory guidance were carefully considered.  Based upon a preponderance of the evidence, the Board agreed the debt is just.  The applicant honorably served for more than 2 years.  However, disenrollment correspondence clearly shows when cadets are released, they are required to join in a military occupational specialty (MOS) at the needs of the Army at the rank of E1, and serve for at least 4 years.  The Board understands the rank and MOS requirement is not always met when members join on their own terms.  However, the Board did weigh the amount of years completed upon making their decision.  The Board determined relief is not warranted. 

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, USC, section 1552(b), provides that applications for correction of militaryrecords must be filed within three years after discovery of the alleged error or injustice.This provision of law also allows the ABCMR to excuse an applicant's failure to timelyfile within the three-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation (AR) 145-1, prescribes policies and general procedures foradministering the Army's Senior ROTC Program.

a.Paragraph 3-39 states the Commanding General, U.S. Army Cadet Command isthe approving authority for termination of scholarship and/or disenrollment. Paragraph 
3–39c identifies the exception pertaining to 4-year scholarship winners discharged early from active service. A scholarship will be terminated and the cadet dis-enrolled for any of the reasons listed in paragraph 3–43. The 4-year scholarship students can be dis-enrolled at their own request during Military Science I only. 
 
      b.  Paragraph 3-43 states that non-scholarship and scholarship cadets will be dis-enrolled for a breach of contract. Sub-paragraph 3-43a states 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.   
 
3.  Title 10, USC, section 2005(a), 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. 
 
4.  Title 10, USC, section 2005 (Advanced education assistance:  active duty agreement; reimbursement requirements), provides 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 with the Secretary concerned under the terms of which such person shall agree: 
 
 a.  To complete the educational requirements specified in the agreement and to serve on active duty for a period specified in the agreement; 
 
 b.  That if such person failed to complete the education requirements specified in the agreement, such person would serve on active duty for a period specified in the agreement (usually a four-year enlistment at the grade of E-1, in a military occupational specialty at the needs of the Army); 
 
 c.  That if such person does not complete the period of active duty specified in the agreement, or does not fulfill any term or condition prescribed, such person shall be subject to the repayment provisions of Title 37, USC, section 303a(e); and 
 
 d.  To such other terms and conditions as the Secretary concerned may prescribe to protect the interest of the United States. 
 
5.  Department of Defense Financial Management Regulation 7000.14-R, Volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay) governs active 
duty and reserve military pay.  Chapter 2 (Repayment of Unpaid Portion of Bonuses and Other Benefits), paragraph 020204 (Conditions under review by the Secretary of the Military Department), provides that under circumstances not specifically mentioned in this chapter, the Secretary of the Military Department concerned has the discretion to, at some point in the process, render a case-by-case determination that the member's repayment of, or the Military Department's full payment of an unpaid portion of, a pay or benefit is appropriate based on the following: 
 
. contrary to a personnel policy or management objective 

. against equity and good conscience 

. contrary to the best interest of the United States 


 
6.  AR 600-4 (Remission or Cancellation of Indebtedness) provides policy and instructions for submitting and processing packets for remission or cancellation of indebtedness to the U.S. Army. Requests for remission or cancellation of indebtedness must be based on injustice, hardship, or both. A Soldier's debt to the U.S. Army may be remitted or canceled on the basis of this regulation in cases arising from debts incurred while serving on active duty or in an active status as a Soldier. 
 
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