IN THE CASE OF: BOARD DATE: 9 May 2022 DOCKET NUMBER: AR20210012242 APPLICANT REQUESTS: in effect, revocation of his disenrollment from the Reserve Officers’ Training Corps (ROTC) Green to Gold (G2G) Active Duty program. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Commander, U. S. Army Cadet Command (USACC) memorandum FACTS: 1. The applicant states he was unfairly disenroll from ROTC G2G Active Duty program. He was accused for an adultery that has not been proven in accordance with Army Regulations (AR) and his direct supervisor, a captain, twisted his words to get him recommended for disenrollment to the Professor of Military Science (PMS). He believes his military records are in error or unjust. The unjust was caused by his direct supervisor who has hates and talks badly about Africans. 2. The applicant provides a memorandum to the Commander, U. S. Army Cadet Command, dated 17 March 2021, wherein counsel stated the following: a. She was assisting the applicant with possible G-2G revocation and return to active duty. Since the PMS signed the memorandum, dated 26 February 2021, local police, after investigating an alleged sexual assault thoroughly, would not be charging the applicant with any crime and she assumed the same would be true for the Criminal Investigation Division (CID). In her experience, when a regular non-G2G cadet was accused of assault, usually, an AR 15-6 was initiated or a disenrollment hearing and a full vetting of the facts. b. Here was the problem, the applicant was an E-5 still on active duty; therefore, he was entitled to have his Article 31 rights read to him prior to questioning. He was questioned without being informed of the nature of the accusation and therefore his Article 31 rights were violated and any statement he made to the PMS upon questioning cannot be held against him. Therefore, the entire conversation must be excluded because adultery was an Article 31 was a violation under the Uniform Code of Military Justice. 3. Review of the applicant’s service record shows: a. He enlisted in the Regular Army (RA), in pay grade E-4, on 21 February 2017, for 3 years. He held military occupational specialties 88M (Heavy Duty Driver) and 88H (Cargo Specialist). He was promoted to E-5 on 1 March 2020. b. He reenlisted in the RA on 5 May 2020, for 4 years. c. Orders L153-008, published by Headquarters, III Corps and Fort Hood, TX on 1 June 2020, announced his permanent change of station to the U. S. Army Student Detachment, Fort Jackson, SC, for duty with the Texas A & M University, Killeen, TX, with a report date of 23 August 2020. The orders show he was accepted into the ROTC G2G Active Duty option program with a report date of 23 August 2020 and completion date of 1 September 2022. d. He is currently serving in an active status. f. His record is void of his investigation and disenrollment documentation from the ROTC G2G Active Duty program. 4. On 29 March 2022, the Chief, Freedom of Information Act/PA Division, CID, Quantico, VA, provided a sanitized Law Enforcement Report (LER) Number 00195-2021-CID034-002680-6E, in response to the Board’s request. The LER shows on 25 February 2021, an investigation was opened against the applicant for sexual assault. 5. On 30 March 2022, he was provided a copy of the LER for his opportunity to submit comments on the enclosed report. There is no indication of his response. 6. By regulation U. S. Army Cadet Command (USACC) Regulation 145-6 (ROTC G2G Policy), the G2G Scholarship Option is available to eligible enlisted RA Soldiers who desire to receive educational financial assistance while pursuing their commission. Active Duty Option (ADO) Soldiers must maintain eligibility. A G2G ADO program Soldier will be removed from the program for misconduct. 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. One possible outcome was to grant relief based upon the applicant’s statement; however, a law enforcement report outlined additional details not previously disclosed by the applicant. The Board determined once an official document has been properly filed in the OMPF, it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority. Furthermore, the disenrollment from ROTC G2G was done within regulatory guidelines and standards. For that reason, the Board recommended that denying the requested relief was appropriate. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : :X : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :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: U. S. Army Cadet Command (USACC) Regulation 145-6 (Reserve Officers’ Training Corps (ROTC) Green to Gold Policy), prescribes policies and general procedures for administering the Army’s Senior ROTC Green to Gold (G2G) Program. The regulation states in: a. Paragraph 2-2 (Scholarship) – the G2G Scholarship Option is available to eligible enlisted Regular Army Soldiers who desire to receive educational financial assistance while pursuing their commission. b. Chapter 8 (G2G Disenrollment, Releases, and Extensions), paragraph 8-1 – the disenrollment policies and procedures outlined in Army Regulation (AR 145-1 (Senior ROTC Program: Organization, Administration and Training) and USACC Pamphlet 145-4 (Enrollment, Retention and Disenrollment Criteria, Policy and Procedures Guide) will be followed upon discovery of a condition or fact which warrants disenrollment from the ROTC program. c. Paragraph 8-2 – Soldiers must maintain eligibility. Failure to maintain the eligibility requirements will result in removal from the program and immediate reassignment: (1) A G2G Active Duty Option (ADO) program Soldier may be removed from the program for Misconduct as defined by AR 145-1, paragraph 3-43. (2) If an ADO Soldier is removed from the program at any time after enrollment, the established Service Remaining Requirement will remain in effect and the Soldier will be reassigned immediately based upon the needs of the Army. (3) An ADO Soldier who has been notified they will be removed from the program may provide mitigating reasons to the appropriate Brigade Commander. These reasons must be in writing and must be initiated within seven (7) days of notification of possible removal. The Brigade Commander will determine if removal packet is forwarded after review of the mitigating reasons submitted by the Soldier. The General Command, USACC will make the final determination based upon the removal packet, Brigade Commander’s recommendations, and any mitigating factors provided in writing by the Soldier. (4) The PMS Responsibilities: * construct recommendation of release memorandum * notify ADO participate in writing of his/her intention to initiate release from the G2G program and return the Soldier to the Regular army in an enlisted Status (notification must state reason for recommended release). * allow ADO participant a chance to rebut or issues of mitigation in writing //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210012242 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1