IN THE CASE OF:  

		BOARD DATE: 25 October 2021 

		DOCKET NUMBER:  AR20210006402


APPLICANT REQUESTS:  in effect, remission of his Reserve Officers' Training Corps 
(ROTC) scholarship indebtedness in the amount of $17,391.00.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Headquarters (HQs), U.S. Army Cadet Command and Fort Knox memorandum, 
dated 15 May 2017
*	DA Form 5315-E (U.S. Army Advanced Education Financial Assistance Record)
*	Addendum to Part I Scholarship Contractual Agreement
*	DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United 
States)
*	HQs, U.S. Army Maneuver Center of Excellence Orders Number 18201-675
*	4th Battalion (BN), 1st Special Warfare Training Group (Airborne) Permanent 
Orders Number 13-13
*	HQs, 2nd Special Warfare Training Group (Airborne) Memorandum for Record, 
dated 23 September 2020
*	U.S. Army installation Management Command Orders Number 329-82
*	Enlisted Record Brief (ERB)
*	Leave and Earnings Statement (LES) for period of 1 through 31 October 2020 
and 1 through 30 November 2020

FACTS:

1.  The applicant states he requests termination of his ROTC tuition assistance debt 
since he has served on active duty in the Regular Army (RA) for over 2-years. He 
believes his active duty service has satisfied his debt.

2.  A review of the applicant's service record shows:

	a.  The applicant enlisted in the United States Army Reserve (USAR) as a cadet on 
23 September 2016.

	b.  DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), dated 
23 September 2016, shows the Army agreed to pay for 3.5 academic years for full 
tuition and fees and $1,200.00 in books and laboratory expenses annually and monthly 
subsistence for 40-months. The applicant agreed that he incurred an active duty and/or 
reimbursement obligation. If the applicant were to be dis-enrolled from the ROTC 
program for breach of contract or any other dis-enrollment criteria, he agreed to serve 
on active duty as an enlisted Soldier for a period of not more than 4-years if he failed to 
complete the ROTC program or agreed to reimburse the U.S. Government for advanced 
educational assistance that he received. He also agreed that any subsequent enlisted 
duty would not relieve him of the repayment obligation.

	c.  On 15 May 2017, the applicant was notified of his dis-enrollment and discharge 
from the ROTC program due to a breach of the ROTC contract based on his withdrawal 
from the University. When the applicant breached the ROTC scholarship contract and 
any obligation to the Army must be satisfied by repaying the cost of advanced education 
assistance the Army provided in the amount of $17,391.00.

	d.  On 5 September 2017, the applicant was provided with DD Form 785 (Record of 
Dis-enrollment from Officer Candidate – Type Training) that shows the applicant was 
dis-enrolled on 5 June 2017 from Pennsylvania State University Army ROTC due to 
breach of ROTC contract based on his withdrawal from the University.

	e.  On 5 September 2017, Orders Number 248-001, issued by ROTC the 
Pennsylvania State University, the applicant was discharged from the USAR Control 
Group (ROTC) effective 5 June 2017.

	f.  The applicant enlisted in the RA on 13 March 2018.

	g.  The applicant extended his enlistment in the RA on 19 November 2020.

3.  The applicant provides:

	a.  DA Form 5315-E that shows the Army had provided him $17,391.00 in Army 
ROTC Scholarship benefits. The document was certified on 7 February 2017.

	b.  Addendum to Part I Scholarship Contractual Agreement, dated 16 June 2017, the 
applicant promised to repay $17,391.00 in monthly installments plus interest to the 
Defense Finance and Accounting Service (DFAS) due to disenrollment under the 
provisions of Army Regulation (AR) 145-1(Senior ROTC Program: Organization, 
Administration, and Training), paragraph 3-43a (16) (Breach of Contract).

	c.  HQs, U.S. Army Maneuver Center of Excellence Order Number 18201-675, the 
applicant was to proceed on a Permanent Change of Station (PCS) to report to Foxtrot 
Detachment, Delta Company Student Support BN, Fort Bragg, NC on 1 August 2018.
	d.  4th BN, 1st Special Warfare Training Group (Airborne) Permanent Orders 
Number 13-13, the applicant was awarded the Army Good Conduct Medal for 
exemplary behavior, efficiency, and fidelity in active federal military service for the 
period of 17 January 2017 through 16 January 2020.

	e.  HQs, 2nd Special Warfare Training Group (Airborne) Memorandum for Record, 
dated 23 September 2020, certifies the applicant entered active duty on 13 March 2018 
and his expected release date is 12 March 2023.

	f.  U.S. Army Installation Management Command Orders Number 329-82, the 
applicant PCS'd to 1st Special Force Group, Fort Lewis, WA on 10 January 2021.

	g.  ERB showing the applicant's service history.

	h.  LES covering 1-30 October 2020 and 1-30 November 2020 showing the 
applicant's pay entitlements. 

4.  In the processing of this case, the Office of the Deputy Chief of Staff, G-1 provided 
an advisory opinion. The advisory official recommended full relief of the applicant's 
request for cancellation of his ROTC indebtedness in the amount of $17,391.00. The 
applicant has been serving on active duty since 13 March 2018. His military service 
confirms over 3-years of completed active service in the U.S. Army which satisfies the 
debt established from the ROTC program.

5.  On 5 October 2021, the applicant was provided with a copy of the advisory opinion 
for his review and comment. The applicant has not responded.


BOARD DISCUSSION:

After reviewing the application, all supporting documents and evidence found within the 
record, the Board determined the evidence sufficient to warrant a recommendation for 
relief. The applicant’s contentions, military record, and regulatory guidance were 
carefully considered. Based on the preponderance of documentation available for 
review, the Board determined that the applicant completed a sufficient period of active 
duty service in the U. S. Army and, as a result, should be relieved of all outstanding 
debt.  
  






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 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 cancelling any remaining ROTC debt and 
repaying any monies already recouped, the exact amount of which to be determined by 
the Defense Finance and Accounting Services. 



		 
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 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.

2.  AR 145-1 (Senior ROTC Program: Organization, Administration, and Training), 
prescribes policies and general procedures for administering the Army's Senior Reserve 
Officers' Training Corps (SROTC) Program. Except as an implementation of statue or 
otherwise prohibited, waivers and exceptions to the provisions of this regulation will be 
forwarded through command channels to Headquarters, Department of the Army 
(HQDA) proponent, HQDA (DAPE–MPO). The Commanding General, U.S. Army 
Reserve Officers' Training Corps Cadet Command (CG, ROTCCC) will provide detailed 
procedures for the day-to-day operation of the ROTC Program.

	a.  Paragraph 3–39 (Termination of scholarship and disenrollment), the CG, 
ROTCCC, is the approving authority for termination of scholarship and/or disenrollment. 
A scholarship will be terminated and the cadet dis-enrolled for any of the reasons listed 
in paragraph 3–43.

	b.  Paragraph 3–43 (Disenrollment), a. A non-scholarship cadet may be dis-enrolled 
by the Professor of Military Science. A scholarship cadet may be dis-enrolled only by 
the CG, ROTCCC. Disenrollment authority does not include the discharge authority for 
SMP participants. Non-scholarship and scholarship cadets will be dis-enrolled for the 
following reasons: Subparagraph (16), 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).

5.  Title 10, United States Code, 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.  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
	b.  To such other terms and conditions as the Secretary concerned may prescribe to 
protect the interest of the United States.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20210006402


1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1