IN THE CASE OF:  

		BOARD DATE:  25 August 2022

		DOCKET NUMBER:  AR20210016179


APPLICANT REQUESTS:  in effect, cancellation of his Reserve Officers' Training Corps 
(ROTC) debt resulting from his disenrollment.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Defense Finance and Accounting Service (DFAS) Leave and Earnings Statement 
(LES), ending 30 September 2021
*	Enlisted Record Brief (ERB), dated 28 September 2021

FACTS:

1.  The applicant states, in effect, he has completed the required active duty service in 
the Regular Army to have his ROTC Program debt remitted.

2.  The applicant completed a NGB (National Guard Bureau) Form 594-1 (ARNG 
Simultaneous Membership Program (SMP) Agreement) on 13 December 2013, wherein 
he acknowledged that as a current ARNG member, his original enlistment/reenlistment 
agreement was to be held in abeyance in order that he may participate in the SMP. As a 
participant in the SMP, he understood that IF he was disenrolled from the Advanced 
ROTC Course, then he would:

*	be deleted from the SMP
*	be retained in the enlisted grade held prior to participation in the SMP
*	be required to execute the terms of his enlistment/reenlistment agreement 
excluding this amendment, and 
*	complete Basic Training (BT) and Advanced Individual Training (AIT) if not 
previously completed

3.  On 6 January 2014, he enlisted in the Missouri Army National Guard (MOARNG).

4.  The applicant’s record is void of a DA Form 597-3 (ROTC Scholarship Cadet 
Contract). The complete facts and circumstances of the applicant’s disenrollment are 
not available for review; however, the available records contain:
	a.  A DA Form 785 (Record of Disenrollment from Officer Candidate-Type Training) 
dated 24 December 2014, which shows the applicant entered the ROTC Program on 
20 August 2012 and was disenrolled on 23 December 2014, due to plagiarism.

	b.  The Professor of Military Science notified the applicant on 24 December 2014, 
that he had been disenrolled from the ROTC Program. Further, that as a member of the 
ARNG under SMP, he was being released to his ARNG unit and he would be required 
to repay the debt to the U.S. Army in the amount of $48,715.00.

5.  On 23 June 2015, the applicant's commander notified him that he was initiating 
action to separate him form the ARNG for Entry Level Performance and Conduct and he 
was recommending that his service be uncharacterized. His commander cited the 
applicant's plagiarism on a final examination. The applicant did not acknowledge receipt 
of this action.

6.  On 26 August 2015, the applicant's commander formally recommended the applicant 
be separated from the ARNG prior to his expiration of term of service and that his 
service be uncharacterized. The commander noted that the applicant had moved back 
to his home state and had become unresponsive to certified mail and email.

7.  On 5 December 2016, the appropriate authority approved the applicant's separation 
under Army Regulation 135-178 (ARNG and Army Reserve-Enlisted Administrative 
Separations), chapter 8-3, and directed that he be separated from the MOARNG and as 
a Reserve of the Army with uncharacterized service.

8.  Headquarters, MOARNG, Joint Force Headquarters, Orders 341-273, dated 
6 December 2015, discharged the applicant from the ARNG and as a Reserve of the 
Army.

9.  The applicant enlisted in the Regular Army on 10 April 2018 for a period of 4 years 
and 19 weeks. His record is void of a discharge document.

10.  The applicant provided his LES and ERB from September 2021 as proof of service.

11.  On 28 July 2022, the Chief, Special Actions Branch, NGB, provided an advisory 
opinion in this case. This official recommended disapproval of the applicant's request 
and provided the following information, He stated, in effect:

	a.  The SMP allows individuals to participate in both the Reserve Component units 
and the U.S. Army ROTC program at the same time. In addition to the training, 
individuals will receive numerous financial benefits that include payment for drilling once 
a month with a ARNG unit, eligibility to qualify for up to 100-percent tuition, cash bonus 
depending on military occupational specialty, monthly allowance based on grade level, 
and they are eligible to receive money every month through the Montgomery GI Bill, and 
ARNG Kicker.

	b.  The applicant was disenrolled from the ROTC Program on 23 December 2014 
due to misconduct and discharged to his ARNG unit in accordance with his ROTC 
contract. Additionally, he had acquired an ROTC scholarship debt of $48,715.00 for 
scholarship funds which had to be repaid in accordance with the ROTC contract.

	c.  This office recommended that the applicant's request for forgiveness of ROTC 
debt be denied, as the applicant was receiving financial assistance due to his contract 
with the ROTC program, from which he later was disenrolled due to misconduct. 
Additionally, the applicant was later discharged from the MOARNG due to failure to 
adapt to a military environment on 5 December 2016.

12.  The applicant was provided a copy of the advisory opinion for review and submitted 
a response with two attachments on 23 August 2022.  In his response, he states, in 
part, his discharge from ROTC was because of accidental plagiarism, and he was 
forced to return to his home state of after being discharged from ROTC 2 weeks before 
commissioning. He was forced to fall back on his SMP contract with the Missouri 
ARNG, barring him from enlisting for active duty, which was his original goal. He also 
could not afford to pay back the U.S. Army and continue his college career at the same 
time. He has attached a “draft” written by his former attorney as well as character 
references from professors during his time in the ROTC program. (The applicant’s 
statement with attachments was provided to the Board in its entirety for review.)

13.  Title 10, U.S. 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, in part, if such person failed to 
complete the education requirements specified in the agreement, 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 military occupational specialty at the needs of the 
Army).

BOARD DISCUSSION:

1. After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found relief is not warranted. 

2. The Board found the applicant’s disenrollment from ROTC for misconduct eliminated 
the option for him to repay his scholarship debt by entering active duty. Based on a 
preponderance of the evidence, the Board determined the debt he incurred is not in 
error or unjust.


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.  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 based on this regulation in cases arising from debts incurred while 
serving on active duty or in an active status as a Soldier.

2.  Title 10, U.S. 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.  To complete the educational requirements specified in the agreement and to 
serve on active duty for a period specified in the agreement;

	b.  That if such person failed to complete the education requirements specified in the 
agreement, 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 military occupational 
specialty at the needs of the Army);

	c.  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 U.S. Code, section 303a(e); and

	d.  To such other terms and conditions as the Secretary concerned may prescribe to 
protect the interest of the United States.

3.  DOD Financial Management Regulation 7000.14-R, Volume 7A (Military Pay Policy 
and Procedures – Active Duty and Reserve Pay) governs active duty and reserve 
military pay. Chapter 2 (Repayment of Unpaid Portion of Bonuses and Other Benefits), 
paragraph 020204 (Conditions under review by the Secretary of the Military 
Department), provides that under circumstances not specifically mentioned in this 
chapter, the Secretary of the Military Department concerned has the discretion to, at 
some point in the process, render a case-by-case determination that the member's 
repayment of, or the Military Department's full payment of an unpaid portion of, a pay or 
benefit is appropriate based on the following:  contrary to a personnel policy or 
management objective, against equity and good conscience, or contrary to the best 
interest of the United States.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210016179


1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1