IN THE CASE OF: BOARD DATE: 6 April 2022 DOCKET NUMBER: AR20210010420 APPLICANT REQUESTS: correction of his record to show his $28,320.00 Reserve Officers' Training Corps (ROTC) debt was remitted/cancelled and he was reimbursed all monies collected based on his current service obligation. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Timeline * Memorandum, Subject: Disenrollment from the U.S. Army ROTC * Memorandum, Subject: Disenrollment of the applicant * Memorandum, Subject: Disenrollment of the applicant (Professor of Military Science (PMS) endorsement * Cadet Command Form 131 (Cadet Action Request), dated 7 December 2012 * Memorandum, Subject: Disenrollment of the applicant * The College of transcript * DA Form 4856 (Developmental Counseling Form) * Email correspondence * Cadet Command Form 131, dated 24 October 2012 * DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) * Cadet Record Brief * DA Form 5315-E (U.S. Army Advanced Education Finance Assistance) * Army Board for Correction of Military Records (ABCMR) letter FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he is currently serving on active duty and the Army is receiving his services and money paid to date from his ROTC educational debt. He provides the following timeline of events: a. 2010 to 2013 he was provided an Army scholarship through ROTC. He then left the program and was given the options to reimburse the Army or serve. He chose to reimburse the Army. b. April 2019, he contacted the Defense Finance and Accounting Service (DFAS) and was told to submit a DD Form 149 to the ABCMR to inform the board about going on active duty as an officer. c. December 2019, he contacted DFAS to inform them that he was on active duty and would like to see his educational debt expunged and be reimbursed the money he had paid. d. February 2020, DFAS told him to submit a DD Form 149. And in April 2020, he received a response about his submitted DD Form 149 from April of 2019, and was informed by the ABCMR (ABCMR Docket Number AR2019005225) to get his record corrected he would need to submit a DD Form 149. e. July 2020, he contacted the ABCMR Director to clarify his situation, he was informed to talk to DFAS again and submit a Freedom of Information Act (FOIA) request because the original terms of his ROTC scholarship could not be located. f. August 2020, DFAS told him again to submit a DD Form 149. And in September 2020, he submitted a FOIA request to the U.S. Army Cadet Command and was put in touch with Mr. In February 2021 he was informed by Mr that his FOIA request was essentially "punted" and pushed to the U.S. Army Training and Doctrine Command. 3. A review of the applicant's official records shows the following: a. The applicant's official records are void of a DA Form 597-3. However, the applicant provided DA Form 597-3 showing the applicant enlisted in the U.S. Army Reserve as a cadet. He contracted for the following: (1) He contracted for an education commencement date of 25 August 2010 and a completion date of 18 May 2014 at the College of. (2) The Army would pay: * full tuition and educational fees for 4 academic years * $1,200.00 books and laboratory expenses * monthly subsistence of $300.00 for military science cadets (1st year), $350.00 for military science cadets (2nd year), $450.00 for military science cadets (3rd year), and $500.00 for military science cadets (4th year) (3) He agreed to remain a full-time student in good standing at the educational institution named until he received his degree. (4) He agreed to maintain at least a 2.0 on a 4.0 or equivalent scale, cumulative and semester or quarter academic grade point average in all ROTC courses. He understood a failure to maintain the minimum ROTC courses grade point average may subject him to dis-enrollment from the ROTC program. (5) He understood if he was dis-enrolled from ROTC, the Secretary of the Army or his designee retains the prerogative to either order him to active duty or order monetary repayment of his scholarship benefits. (6) He endorsed this form with his signature. b. The applicant's disenrollment packet is not in his official records, but provided by the applicant and will be discussed in detail below. c. On 3 September 2019, the applicant enlisted in the Regular Army. d. On 30 April 2020, the applicant was honorably discharged from active duty to accept a commission. He completed 7 months and 28 days of net active service. e. On 5 May 2020, Orders Number 520-126-OC5-95, issued by the U.S. Army Human Resources Command, appointed the applicant as a Regular Army commissioned officer after the completion of Officer Candidate School, effective 1 May 2020. f. The applicant remains on active duty. 4. The applicant provides: a. Memorandum, Subject: Disenrollment from the U.S. Army ROTC wherein the U.S. Army Cadet Command senior commander dis-enrolled the applicant from the ROTC program under the provisions of Army Regulation (AR) 145-1 (Senior ROTC Program: Organization, Administration, and Training), paragraph 3-43a(16) due to a breach of contract for failing to enroll in the required military science class for the fall 2012 semester. The senior commander directed the applicant repay $28,320.00. b. Memorandum, Subject: Disenrollment of the applicant wherein the brigade commander concurred with the dis-enrollment recommendation of the PMS/board. c. Memorandum, Subject: Disenrollment of the applicant wherein the PMS recommended the applicant be removed from the ROTC program due to his not wanting to have any further military service obligation. d. Cadet Command Form 131 (Cade Action Request), dated 7 December 2012, showing the applicant requested a waiver of his rights. e. Memorandum, Subject: Disenrollment of the applicant wherein the applicant was informed by the PMS of his initiation of disenrollment and of his right to request a hearing, submit written statements. The Army would determine whether he was ordered to active duty or directed to repay his advanced education expenses. f. The College of William and Mary transcript showing the applicant's grade point average. g. DA Form 4856 wherein the PMS formally counseled the applicant for failing to maintain consistent physical fitness standards and displaying unsatisfactory performance in leadership positions. Subsequent counseling showed the applicant was successful with marked improvements. h. Email correspondence wherein the PMS directed the applicant to bring his recruiter's name and number, and all other points of contact for his U.S. Navy recruitment. He was advised he was a scholarship cadet, and could not join any other service at that point, as he was under contract and it would be considered a breach of contract. i. Cadet Command Form 131, dated 24 October 2012, wherein the applicant requested a leave of absence, effective 24 October – 19 December 2012. j. Cadet Record Brief providing a brief of the applicant's cadet history. k. DA Form 5315-E showing the applicant was liable to the U.S. Army for advanced educational expenses in the amount of $28,320.00. l. ABCMR letter wherein the applicant was advised his application was being closed due to missing his ROTC withdrawal paperwork. 5. In the processing of this case an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Chief, Military Pay Branch, who did not recommend relief, and opined: a. The associated debt is due to voluntary disenrollment from the ROTC program at the College of. The applicant's discharge from the ROTC program is due to disenrollment from the ROTC course and failure to maintain proper height, weight, and Army Physical Fitness Test standards. He was provided an opportunity to appear before a panel but he declined. Moreover, he requested the pay back option for the associated debt. He signed acknowledgement of the obligatory and financial requirements associated with the Army’s ROTC program. b. While the applicant asserts he is currently serving on active duty, he does not provide any active duty orders that verify the length of time he has served on active duty. Should the Board decide to disapprove his application, the board should advise him that he reapply to the Board once he is able to prove he has served on active duty for at least three years. 6. On 23 February 2022, the applicant was provided with a copy of the advisory opinion for comment. As of 5 April 2022, he has not responded. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and Office of the Deputy Chief of Staff, G-1, Chief, Military Pay Branch advisory opinion, the Board concurred with the advising official finding the applicant's discharge from the ROTC program is due to disenrollment from the ROTC course and failure to maintain proper height, weight, and Army Physical Fitness Test standards. He was provided an opportunity to appear before a panel but he declined. 2. The Board agreed the applicant requested the pay back option for the associated debt. He signed acknowledgement of the obligatory and financial requirements associated with the Army’s ROTC program The burden of proof rest with the applicant and he provided no supporting documents that show active-duty orders that verify the length of time he has served on active duty. The Board recommend the applicant provide the necessary supporting documentation to show his periods of active duty and reapply for relief. Based on this, the Board denied relief. ? 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. ADMINISTRATIVE NOTE(S):N/A. 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) 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. 3. 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. 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) AR20210010420 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1