IN THE CASE OF: BOARD DATE: 27 February 2023 DOCKET NUMBER: AR20220004314 APPLICANT REQUESTS: . relief from his Reserve Officers' Training Corps (ROTC) debt . personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: . DD Form 149 (Application for Correction of Military Record) . DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) . Letter from University . DA Form 5315-E (U.S. Army Advanced Educational Assistance Record) . Memorandum, Subject: Notification of Disenrollment from ROTC . DD Form 1966 (Record of Military Processing Armed Forces of the United States) . Letters of Recommendation for Selection as a Warrant Officer . Orders Number 175-363-A-698 . Orders Number 109-202 . Leave and Earning Statement (LES) 1 through 31 March 2022 . Self-Authored Memorandum for the Defense Finance Accounting Service (DFAS) FACTS: 1. The applicant, states, in effect, a. He is requesting relief from the debt he has acquired after four and a half years of Mechanical Engineering school while in the ROTC program. b. He feels strongly that this correction needs to be made because he is currently serving a 6-year obligation as a Warrant Officer in the United States Army. His 6-year commitment far exceeds the minimum enlistment obligation required to satisfy the repayment of this debt. c. He was unaware that he still owed this debt because when he enlisted, the Military Entrance Processing Station (MEPS) personnel verified that his 6-year contract obligation was longer than the minimum required to repay the debt. d. For that reason, after two years of active duty, he presumed he had met his responsibility for this debt. Given his rank is a Warrant Officer One (WO1), he is financially unable to pay $3,201.00 a month and lacks $111,759.00 in assets to pay this debt. e. He is requesting the Army accept his current 6-year service contract as a WO1 to repay this debt which meets and exceeds the service requirement. 2. The applicant's service record contains the following documents for the Board's consideration: a. DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) which shows the applicant enlisted in the U.S. Army Reserve (USAR) on 24 August 2015 as a scholarship contract ROTC cadet for a period of 8 years. b. DA Form 597-3, dated 24 August 2015, which states: (1) The Department of the Army agreed to pay scholarship benefits for a period of 4 academic years, pay full tuition and fees, books and laboratory expenses at a flat rate of $1,200 on an annual basis, and a monthly subsistence based on the year of his enrollment. (2) The applicant agreed to enlist in the Reserve Component of the Army, enroll in necessary courses and successfully complete them within the prescribed time, and to remain a full-time student in good standing maintaining a grade point average of 2.0 in all classes. Once he completed the ROTC program, he agreed to become a commissioned officer. (3) The applicant understood and agreed if he was disenrolled from the ROTC program for breach of contractual terms or any other disenrollment criteria he agreed to serve on enlisted active duty for a period of no more than 4 years or he agreed to reimburse the U.S. Government on any amount of money, plus interest, equal to the entire amount of financial assistance paid by the United States for his advanced education. c. DA Form 61 (Application for Appointment), dated 11 September 2019, shows the applicant was applying to be a Warrant Officer -Army Reserve in the Aviation branch. He states he immediately attended ROTC at Embry-Riddle after high school. d. DD Form 4 shows the applicant enlisted in the Army on 3 March 2020 in the rank of Private First Class (PFC), for a period of 3 years. e. DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered active duty on 3 March 2020 and was released on 22 June 2020. His last duty of assignment was as a Warrant Officer Candidate Student. He was released to accept commission or warrant in the Army. f. Memorandum, Subject: Appointment as a Reserve Warrant Officer of the Army under Section 12241, Title 10, United States Code, dated 23 June 2020 appointed the applicant as a Reserve Warrant Officer of the Army. g. Orders Number 263-B68, published by the U.S. Army Installation Management Command, dated 20 September 2021, awarded the applicant the Army Aviator Aeronautical Designation and the Army Aviator Badge, effective 17 September 2021. He was a graduate of the Aviation Warrant Officer Basic Course. h. Orders Number WO-322-282, published by HRC, dated 18 November 2022 promoted the applicant to Chief Warrant Officer Two (CW2). 3. The applicant provides the following documents, not previously considered, for the Board's consideration: a. A letter from University dated 15 December 2018, which states because he had not been able to achieve the minimum standards for continued enrollment, he had been academically suspended from University. He was given instructions on how he could reenroll into the program. The entire letter and attachments are available for the Board's consideration. b. DA Form 5315-E dated 12 February 2019, shows the applicant received $111,759.00 in financial assistance through the ROTC program. c. Memorandum, Subject: Notification of Disenrollment from the ROTC -Due Process and Appellate Rights of Scholarship Cadet, dated 20 February 2019 states the Professor of Military Science (PMS) was initiating the applicant's disenrollment from the ROTC program based on his dismissal from the university which constitutes, either individually or collectively, a breach of the terms of his Senior ROTC contract. (1) The applicant initialed stating he had read the disenrollment packet and waived all of his rights concerning the disenrollment. (2) He declined a delayed call to active duty and declined an expedited call to active duty. d. DD Form 1966 dated 3 March 2020, which shows the applicant was enlisting in the Army. This from shows in Section 6 (Remarks) the applicant enlisted within 12 months when considering his pay grade. The entire form is available for the Board's consideration. e. Letters of Recommendation for Selection as a Warrant Officer, wherein the authors recommended the applicant be selected to attend Warrant Officer Flight Training. They are available for the Board's consideration. f. Orders Number 175-363-A-698, published by Headquarters, U.S. Army Garrison, Fort Rucker, AL, dated 23 June 2020, ordered the applicant to active duty as a Warrant Officer Student effective 23 June 2020. He had a 6 year commitment upon successful completion of the Warrant Officer Candidate Course. g. Orders Number 109-202, published by Headquarters, U.S. Army Garrison, Fort Rucker, dated 19 April 2021, ordered the applicant on a permanent change of station, assigning him to Fort Drum, New York, in the rank of WO1. h. LES for the period 1-31 March 2022, which shows his pay and deductions. There is no indication on the LES that he had an unpaid debt. i. A self-authored memorandum to DFAS, dated 28 April 2022, which states in effect: (1) He wanted to explain what led to the debt of $111,759.00. During his fifth year at University, while majoring in Mechanical Engineering, during the fall semester, he did not pass a required course for the major. (2) The university sent out a letter in December, after he had left the country to visit his family overseas for Christmas break. The letter was to inform him of an upcoming review board to refute the consequences of the failed course. The review board took place a day before he departed for the U.S. making him unaware and unable to attend the review board. (3) Immediately after the review board, the university dropped his classes for the semester and paced him on academic suspension because he was not at the board. Upon returning, he discovered his academic suspension status and immediately spoke to the board members and explained his situation. (4) He was told to wait until the board met again to appeal the decision, which was four months later. Being unable to enroll in any classes for that semester breached his ROTC contract. He was given two options from the ROTC (1) pay his scholarship in full or (2) enlist for four years. Since he had one semester left to graduate, he planned to enroll for the fall semester and opted for the first option, pay the Army back. (5) He planned to complete his degree and receive his commission as a Second Lieutenant in the Army, since he had already completed all the ROTC required training. This plan would cause a seven-month delay, so he also stared looking for other ways to serve the U.S. Army. (6) He spoke with the recruiter about applying for Warrant Officer Candidate School to become an Army Aviator. He explained at MEPS his obligations for the debt he had incurred with the ROTC. The officer checked into it and told him that enlisting and enrolling in the Warrant Officer program would satisfy the debt obligation. (7) He had his crosshairs set on serving his country as an Army Aviator. He submitted his Warrant Officer packet and was accepted. He completed basic training, Warrant Officer Candidate School, and flight School. He has excelled in all his training and is currently serving as a WO1 Apache Helicopter Pilot in Fort Drum, NY. (8) All the training he received from ROTC is being applied in his current job as a Warrant Officer. He will continue to advance his career and become a commissioned officer through Officer Candidate School. He was asking DFAS to please consider his situation and take his current enlistment as complete payment for the debt. 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. The Board found the applicant was dis-enrolled from the ROTC program in accordance with AR 145-1 paragraph 3-43a (4) due to his dismissal from the university based on his inability to achieve the minimum standard for continued enrollment. The applicant indicated he understood if disenrolled from ROTC, the Secretary of the Army, or his or her designee, retains the prerogative to order monetary repayment of scholarship benefits. The Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. 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 (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. 2. Title 10, United States 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. 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. 3. AR 37-104-4 (Military Pay and Allowances Policy), provides the policies and provisions for entitlements and collections of pay and allowances of military personnel. Paragraph 31-2 (Recoupment) states recoupment applies to those individuals who have signed an agreement that contains recoupment provisions. Recoupment action will be taken at transition when the personnel and finance communities identify a Soldier or cadet as being eligible for recoupment action. 4. AR 145-1 (Senior ROTC Program: Organization, Administration, and Training) prescribes policies and general procedures for administering the Army's Senior ROTC Program. a. Paragraph 3-43 states that non-scholarship and scholarship cadets will be dis-enrolled for a breach of contract. Breach is defined as any act, performance, or nonperformance on the part of a student that breaches the terms of the contract regardless of whether the act, performance, or nonperformance was done with specific intent to breach the contract or whether the student knew that the act, performance, or nonperformance breaches the contract. b. A non-scholarship cadet may be disenrolled by the Professor of Military Science. A scholarship cadet may be disenrolled only by the Commanding General, ROTCCC. 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 that 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//