IN THE CASE OF: BOARD DATE: 22 July 2022 DOCKET NUMBER: AR20210015720 APPLICANT REQUESTS: in effect, * cancellation or remission of his Reserve Officers' Training Corps (ROTC) scholarship indebtedness in the amount of $171,455.78 * personal appearance before the Board via video or telephonically APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored statement * DA Form 3508 (Application for Remission or Cancellation of Indebtedness) * U.S. Army Human Resources Command (HRC) Memorandum, Subject: Remission or Cancellation of Indebtedness, dated 15 September 2021 * E-mail from applicant to HRC, dated 15 September 2021 * E-mail from HRC to applicant, dated 16 September 2021 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 in effect, about 10-years ago, he made the greatest mistake of his life when he gave up a stellar career and the opportunity to serve in the U.S. Army as his father had done. The youthful foolishness and during an extremely difficult time, he made a poor decision, for which he would like to apologize to the U.S. Army and U.S. Government for not fulfilling his contractual agreement. He currently owes the U.S. government $171,455.78 with a proposed monthly payment of $4,500.00, which exceeds his net monthly paycheck by about $1,000.00. Though he submitted a request for voluntary repayment / financial hardship application (VRA/FHA), he will not be able to make positive progress to outrun the interest far enough to substantively pay down the principal due to his current financial situation. Since the debt notification from the Defense Finance and Accounting Service (DFAS), he has always acted in good faith and paid what he could every month, but the debt continues to grow due to interest and fees. He has lived a simple life as a special education teacher since 2014. During this time, several students have spoken to him about enlisting in the Army and he has provided information and guidance about the process and speaking about the merits of serving. While he gave up the chance to service in the U.S. Army, he is trying to dedicate his life by serving in other way. He has received his master's degree in public administration and homeland security with the desire to work for the Drug Enforcement Agency (DEA) or Customs and Border Patrol (CBP), which he has applied for both. If remission or cancellation of his indebtedness is not granted, it could impact his future service with the DEA or CBP, which will cause a drastic loss of future earnings. Additionally, it will cause emotional and mental anguish due to the loss of a job, income, and subsequent potential loss of property. The U.S. Government would benefit from the granting of his request by gaining a dedicated Federal law enforcement officer to help protect the Constitution, the American people, and American interests. It would also result in a higher paycheck and the greater ability to pay a reduced debt if remission was granted. The applicant provided an addendum to his original statement, he stated he was no longer going through the hiring process with the DEA or CBP, but received a job offer with the Department of Defense to begin working in May 2022. 3. A review of the applicant's service record shows: a. The applicant enlisted in the U.S. Army Reserve (USAR) as a cadet on 29 November 2007 and was assigned to the USAR Control Group (ROTC). He subsequently contracted in the ROTC program for a 4-year scholarship with full tuition and fees. DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), part II (Agreement of Scholarship Cadet Contracting in the Senior ROTC Program) states the cadet agrees to be a full time student and maintain a grade point average of 2.0. In section 5 (Terms of Dis-enrollment), the cadet agrees the Secretary of the Army or his designee, may order him to active duty as an enlisted Soldier, if qualified, to serve on enlisted active duty for a period of not more than 4-years if he should fail to complete the ROTC program or agree to reimburse the U.S. Government; if he is offered the opportunity to repay the advanced educational assistance in lieu of being ordered to active duty. He understood and agreed, if he should voluntarily or because of misconduct fail to begin or fail to complete any period of active duty or duty in a Reserve status, he would be required to reimburse the U.S. Government an amount of money plus interest. Any obligation to reimburse will not be altered by subsequent enlistment duty. b. On 5 June 2015, the Deputy Assistance Secretary of the Army (Review Boards) granted the applicant's request for Conscientious Objector status. The Department of the Army Conscientious Objector Review Board determined by a majority vote, he presented convincing evidence that his beliefs warranted award of conscientious objector status. The applicant would be discharged under provision of Army Regulation (AR) 600-43 (Conscientious Objection), paragraph 3-1a (2). The separation authority will ensure recoupment or repayment of the appropriate amount of scholarship funds based on the educational costs. c. On 18 June 2015, Headquarters, U.S. Army Cadet Command senior commander notified the applicant he was dis-enrolled and discharged from the ROTC program due to approval of his request for conscientious objector status. When the ROTC scholarship contract was breached, any obligation to the Army must be satisfied by repaying of monies spent in support of his education in the amount of $162,582.00. The applicant could elect to repay the total amount in a lump sum or elect to initiate a repayment plan. Failure to respond by the suspense given may result in the initiation of involuntary collection action. There was no evidence the applicant responded. 4. The applicant provides: a. DA Form 3508 dated 2 September 2021, which shows the applicant requested a remission or cancellation of his indebtedness in the amount of $171,455.78 for a student loan due to hardship. He was notified of the indebtedness on 16 September 2015. He is currently married and has a monthly net income of $3,591.28 with monthly expenses of $3,214.16. His debts are: * JP Morgan Chase - $2,817.86 * Capital One - $2,771.82 * Edfinancial Services Student Loan - $3,127.14 * Credit Human Auto Loan - $12.505.26 b. HRC Memorandum, Subject: Remission or Cancellation of Indebtedness, dated 15 September 2021, stated the application for remission or cancellation of $171,455.75 was returned without action. The applicant's initial request was received on 9 March 2016 and disapproved on 18 March 2016. The previous notification of disapproval provided guidance on a submission to the Army Board for Corrections of Military Records (ABCMR) if he felt an injustice had occurred. c. E-mail dated 15 September 2021, from the applicant to HRC, requesting clarification that his most recent applicant was for financial hardship not injustice, which was the case for his original application of 2016. But it was denied for no findings of a financial hardship. d. E-mail dated 16 September 2021, from HRC to the applicant, which stated cases submitted to HRC for adjudication whether for hardship, injustice, or both, if denied the next step would be appeal to the ABCMR, if the individual did not agree with the decision that was made. BOARD DISCUSSION: 1. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. 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 determined the ROTC debt is just, and there is insufficient evidence to grant 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. 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 based on this regulation in cases arising from debts incurred while serving on active duty or in an active status as a Soldier. 3. AR 145-1 (Senior Reserve Officers' Training Corps 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 Reserve Officers' Training Corps (ROTC) Program. a. Paragraph 3–39 (Termination of scholarship and disenrollment), the Commanding General, ROTC Cadet Command, 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 (9) For being an approved conscientious objector. 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. 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. 5. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210015720 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1