IN THE CASE OF: 
BOARD DATE:  11 February 2022 
DOCKET NUMBER: AR20210008918 


APPLICANT REQUESTS:  remission of a $55,196.00 debt related to previously received Reserve Officers' Training Corps (ROTC) Program Scholarship. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

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

•NAVMC 00763 U.S. Marine Corps (USMC) Appointment Acceptance andRecord, dated 16 March 2019

•Memorandum – Subject: Statement of Service, dated 16 March 2021

•Leave and Earnings Statement (LES), dated 30 April 2021



FACTS: 

1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code (USC), section 1552(b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file.

2.The applicant states that he is currently serving as an officer within the USMC andhas been doing so for at least 2 years at the time of application. He contests that he iscurrently obligated to serve on active duty for 8 years and would therefore like hisobligation to repay his previously received ROTC scholarship waived based upon hisservice on active duty within the USMC. He adds that numerous personnel from theDefense Finance and Accounting Service (DFAS) had advised him to apply for debtrelief after he served on active duty for 2 years.

3.A review of the applicant's available service records reflects the following:

a.On 6 October 2014, the applicant enlisted in the U.S. Army Reserve (USAR)Control Group (ROTC) for 8 years. In connection with this enlistment, the applicant accepted a 3 year ROTC scholarship from the Citadel.  



b.On 13 July 2016, the applicant was advised by the Professor of Military Science(PMS) that under the provisions of Army Regulation (AR) 145-1 (Senior ROTC 


Program: Organization, Administration, and Training) disenrollment action was being initiated based upon the applicant's dismissal from the Citadel which constituted a breach of contract. The applicant was advised that as a scholarship cadet, he may be called to active duty as an enlisted Soldier or be required to repay any bonus, incentives and or scholarship benefits in the amount of $66,196.00 in lieu of active duty service in the fulfillment of his contractual obligation. He was further advised a subsequent period of military service could not be utilized to satisfy his indebtedness to the U.S. Government if that period of military service was not in direct result of his being ordered into active duty as a consequence of his disenrollment from ROTC. 



c.On 19 January 2017, the applicant elected to waive his rights to discuss hisenrollment in the Citadel. He fully acknowledged that his missing of 2 semesters (Fall 2016, Spring 2017) at the Citadel, constituted a breach of his ROTC contract. The applicant declined both a delayed and or an expedited call to active duty 



d.On 13 February 2017, the applicant submitted his disenrollment packet. Heelected to opt out of serving on active duty as a repayment for his time as a scholarship cadet.  



e.On 21 February 2017, the PMS recommended approval of the applicant'sdisenrollment. 



f.On 24 February 2017, the Commander, Headquarters 1st Brigade U.S. ArmyCadet Command approved the request for dismissal of the applicant from the ROTC Program. 



g.On 19 March 2017, the applicant was dis-enrolled from the ROTC Programunder the provisions of AR 145-1. His disenrollment was based upon his dismissal from the Citadel. The applicant was therefore required to repay $66,196.00 worth of monies spent towards his education and as associated with his previously received ROTC Scholarship.  



4.The applicant provides the following a:

a.NAVMC 00763, dated 16 March 2019, reflective of the applicant being appointeda commission in the USMC at the rank/grade of second lieutenant (2LT)/O-1 on or about 5 January 2019. 



b.Memorandum – Subject: Statement of Service, dated 16 March 2021, reflectiveof the applicant's service in the USMC from 5 January 2019 to present. The applicant was serving as a first lieutenant at the time of application.  



c.LES, dated 30 April 2021, reflective of the applicant's pay and entitlements withinthe USMC with credit for 2-years time-in-service. 



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. The Board determined the application is premature, and that he should apply for relief after reaching 4 years of active service. In addition, since the applicant entered active military service on his own prerogative, and not as an E1 at the needs of the Army, the Board agreed the applicant did not provide accession/enlistment information used to consider if he received a bonus or incentive that will weigh the amount of relief perhaps provided. 

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. 


X

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 military records must be filed within 3-years after discovery of the alleged error or injustice. This provision of law also allows the 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.  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. 
 
3.  AR 145-1 (Senior ROTC Program, Organization, Administration and training) provides that a scholarship cadet may be dis-enrolled only by the Commanding General, ROTC Cadet Command. Breach of contract (including formerly used term willful evasion). 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. The Commanding General, ROTC Cadet Command, is the only authority for discharge of scholarship cadets. ROTC cadets normally will be honorably discharged on the date of disenrollment from the ROTC program, except those ordered to active duty under the terms of their ROTC contract. If not academically enrolled, the cadet will be ordered to active duty 60 days from date of notification of active duty. 
 
a. Cadet's assigned to USAR Control Group (ROTC) may be discharged or separated for the convenience of the Government for termination of a scholarship.  


 
b. Cadet's assigned to USAR Control Group (ROTC), who is not ordered to active duty or pending such an order and has no previous military service, or who has not completed a basic training course, will be discharged. The effective date of discharge or transfer will be the date of disenrollment from the ROTC. 


 
c. Scholarship students may be required to repay all or part of their scholarship financial assistance. 


 
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 toserve on active duty for a period specified in the agreement; 

b.that if such person failed to complete the education requirements specified in theagreement, 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 MOS at the needs of the Army); 

c.that if such person does not complete the period of active duty specified in theagreement, 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 toprotect the interest of the United States. 

//NOTHING FOLLOWS//