IN THE CASE OF: BOARD DATE: 21 June 2023 DOCKET NUMBER: AR20220003574 APPLICANT REQUESTS: in effect, cancellation/termination of his debt that resulted from his disenrollment from the U.S. Marine Corps Officer Candidate School and based on his subsequent appointment as a commissioned officer in the Regular Army. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Termination of Active Duty for Training, 28 May 2019 * Defense Finance and Accounting Service (DFAS) Debt Notice * Military Police Course Completion Diploma * March 2022 Leave and Earnings Statement * Request for Interservice Transfer * Request for Conditional Release * Oath of Office, 21 August 2020 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DD Form 4 (Enlistment/reenlistment Document) FACTS: 1. The applicant states he was released from Marine Officer Candidate School (OCS) (as a candidate) and moved into the U.S. Marine Corps – Individual Ready Reserve (IRR). He was then released from the IRR and moved to Active Duty Army. He had gone through the Marine Corps Platoon Leaders Course in anticipation of being an active-duty Marine officer. He was discharged with a line of duty for an injury sustained while in Quantico, VA. He accepted tuition assistance with anticipation of service active duty for 12 months. He opted to join the Army as an officer instead. He started Army Basic Training on 18 February 2020. He completed Army OCS on 21 August 2021 and commissioned as an active-duty Army officer. He then completed Military Police Basic Officers Leaders Course on 29 January 2021. He is currently serving active duty stationed with the 716th Military Police Battalion, Fort Campbell, KY. He elected to serve active duty in lieu of repayment. Individuals who have entered Active Duty service in any branch, with a debt that originated from the Army may apply to the Board for Correction to Military Records using DD Form 149, Application for Correction of Military Record, to request termination of the debt. 2. The applicant’s U.S. Marine Corps records are not available for review. The applicant states his original contract (with the U.S. Marine Corps) started in 2017. That is when he accepted an extension of active duty service in the Armed Forces for a stipend, while he was in college of the set amount being charged. Due to the time and his transfer of service, he does not have that original document. He provides: a. Memorandum dated 28 May 2019, from the Commanding Officer, officer Candidate School, to the applicant, Subject: U.S. Marine Corps Termination of Active Duty for Training. It states: (1) On 25 May 2019 at 1400, the applicant reported to Officer Candidates School (OCS) in compliance with his basic orders. (2) Effective 1630, 28 May 2019, his training at OCS is terminated. He has been disenrolled and given a drop code of INPQ-10 (Orthopedic evident). He was recommended to reapply. He was directed to return to his Home of Record (HOR), or the address listed on his basic orders. a. DD Form 368 (Request for Conditional Release) that shows the date of his original entry into military service was 13 February 2015 and he had a military service obligation completion date of 12 February 2023. His rank was E-4 as of 1 November 2017. On 18 July 2019, he (the applicant) requested to be released from the U.S. Marine Corps Reserve – IRR. On 1 August 2019, the Personnel Officer approved his conditional release from the U.S. Marine Corps Reserve, for appointment in the Regular Army. b. Memorandum, dated 19 August 2019, issued by the Director, Marine Corps Individual Reserve Support Activity, Headquarters, U.S. Marine Corps Reserve, Force Headquarters Group, and addressed to the applicant informing him that his request for an interservice transfer to the United States Army is hereby approved. The approval of the conditional release allows the applicant to continue the process of joining the Army. This form does not automatically drop/release the Marine from the IRR. 3. The applicant enlisted in the U.S. Army Reserve for 3 years and 24 days, in the grade of E-4, on 18 February 2020. a. Annex A (Regular Army Enlistment Delay for Applicants with Prior Service for an Existing Military Service Obligation) show she enlisted for the U.S. Army Training Enlistment Program, and he had been assured of attending the school course for Commissioned Officer Candidate (09S). b. DD Form 1966 (Record of Military Processing) reflects an enlistment waiver, that reads: Exception Information: An exception approved by Grade Determination Analyst , 20190812 - Control - Comments: Request to process applicant for OCS that was released from USMC OCS training due to injury. Per DA- G1, as an exception to policy, [Applicant] is authorized to process for the OCS enlistment option, after failing the USMC Platoon Leaders Course due to a stress fracture. [Applicant] is now medically and physically qualified and has been board selected for OCS. This request warrants approval, considering [Applicant] has overcome his injuries and has been selected for OCS attendance. This exception is valid for 90 days from 9 August 2019. 4. On 18 February 2020, the applicant entered active duty and completed Officer Candidate School. He was honorably discharged from active duty on 20 August 2020 to accept a commission in the Army. 5. On 21 August 2020, he executed an oath of office as a Regular Army commissioned officer. He completed Military Police Basic Officer Leader Course from 14 September 2020 to 29 January 2021. 6. On 21 March 2022, DFAS sent him a Debt Notice informing him that his account is now delinquent and that he must remit the amount of $1,529. 61. 7. The applicant was advised to provide a copy of his U.S. Marine Corps cadet contract which would have stipulated the conditions of his release and methods of repayment (service versus monetary repayment). However, the applicant indicated he does not have a copy of that contract. 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 and available military records, the Board determined there was insufficient evidence to support cancellation/termination of the applicant’s $1,529.61debt. The Board agreed the applicant records lacks evidence to support that he was provided with the stipulated the conditions of his release and methods of repayment (service versus monetary repayment. The Board found no error or injustice and agreed the cancellation/termination of his debt is not warranted and denied relief. 2. This board is not an investigative body. The Board determined despite the absence of the applicant’s Marine Corp service records, they agreed the burden of proof rest on the applicant, however, he did not provide any supporting documentation and his service record has insufficient evidence to support the applicant contentions for cancellation/termination of his debt that resulted from his disenrollment from the U.S. Marine Corps Officer Candidate School and based on his subsequent appointment as a commissioned officer in the Regular Army. 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. Department of Defense Financial Management Regulation, volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay), chapter 2 (Repayment of Unearned Portion of Bonuses and Other Benefits), General Provisions, provides that a member of the Uniformed Services who enters into a written agreement with specified service conditions for receipt of a bonus, special or incentive pay, educational benefits, stipend, or similar payment (hereinafter referred to as "pay or benefit"), is entitled to the full amount of the pay or benefit if the member fulfills the conditions of that pay or benefit. If the member fails to fulfill the service conditions specified in the written agreement for the pay or benefit, then the pay or benefit may be terminated, and the member may be required to repay an amount equal to the unearned portion of the pay or benefit. Such repayment will be pursued unless the member's failure to fulfill specified service conditions is due to circumstances determined reasonably beyond the member's control. Conditions under which repayment will not be sought are set forth in this regulation. 2. Department of Defense Financial Management Regulation, volume 7A, chapter 2, Repayment and Non-repayment Conditions, provides that, generally, repayment action will not be pursued in situations in which the member's inability to fulfill specified service conditions related to a pay or benefit is due to circumstances determined reasonably beyond the member's control. In addition, 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 one or more of the following: contrary to a personnel policy or management objective; or against equity and good conscience; or contrary to the best interest of the United States. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cent) AR20220003574 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1