IN THE CASE OF: BOARD DATE: 11 October 2023 DOCKET NUMBER: AR20220009074 APPLICANT REQUESTS: termination of his Reserve Officers’ Training Corps (ROTC) debt. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * Online DD Form 149 (Application for Correction of Military Record) * June 2022 Leave and Earnings Statement * DD Form 1966 (Record of Military Processing, 21 June 2021 * Defense Finance and Accounting Service (DFAS) debt letter FACTS: 1. The applicant states he entered active duty with an education debt from Army ROTC which he is requesting to be terminated. According to DFAS, active-duty soldiers with an education debt originating from the army can request to have that debt be terminated through this process. He believes his situation meets those criteria, and so request his debt be terminated. 2. Review of the applicant’s service records shows: a. He enlisted in the U.S. Army Reserve for 8 years, beginning in pay grade cadet on 25 August 2014. Also on that date, he signed a DA Form 597-3 (Army Senior Reserve Officers’ Training Corps (ROTC) Scholarship Cadet Contract). He agreed: (1) Upon satisfactory completion of the academic, military, and all other requirements of the Army ROTC program, a cadet may be appointed as a reserve officer in the Army in the grade of second lieutenant. (2) He agreed to enroll in the necessary courses and successfully complete, within the prescribed time, the requirements for the degree in the academic major stated above. He agreed to remain enrolled in and successfully complete the ROTC program, including LDAC and all training as prescribed by the Secretary of the Army or his/her designee, as a prerequisite for commissioning. (3) He agreed to remain a full-time student in good standing at the educational institution named above until I receive his degree. A full-time student is defined as one enrolled in sufficient academic courses to obtain sophomore, junior, and senior academic status at the end of each appropriate one-academic-year increment for the duration of the scholarship. This includes the required Army ROTC classes, which may be part of or in addition to those courses required for his degree. (4) He agreed to maintain, at a minimum, a cumulative academic grade point average of 2.0 on a 4.0 or equivalent scale. This grade point average must also be maintained for each semester or quarter and understood and agreed that failure to maintain the minimum academic grade point average may subject me to disenrollment from the ROTC program. (5) He agreed to maintain at least a 2.0 on a 4.0 or equivalent scale, cumulative and semester or quarter academic grade point average in all ROTC courses. He understood and agreed that failure to maintain the minimum ROTC courses grade point average may subject me to disenrollment from the ROTC program. (6) He agreed to serve on enlisted active duty, under the terms of this contract, the Secretary of the Army or his or her designee, may order him to active duty as an enlisted soldier, if he is qualified, for a period of not more than four(4) years if he failed to complete the ROTC program. If he is disenrolled after the point of obligation, he may be ordered to active duty for one of the periods listed in paragraph 6 below based upon the year during which my disenrollment was initiated. (7) He agreed to reimburse the United States government, if he is offered the opportunity to repay his advanced educational assistance in lieu of being ordered to active duty, he would be required to reimburse the United States government through repayment of an amount of money, plus interest, equal to the entire amount of financial assistance (to include tuition, educational fees, books, laboratory expenses, and supplies) paid by the United States for my advanced education from the commencement of this contractual agreement to the date of my disenrollment or refusal to accept a commission. This amount includes any financial assistance he may have received prior to his obligation point. He agrees that any money he is determined to owe to the United States shall bear interest at the rate equal to the highest rate being paid by the United States on securities having maturity dates of ninety days or less and shall accrue from the day that he is first notified of the amount he owes to the United States as reimbursement under this contract. 3. On 9 October 2017, by memorandum, Subject: Disenrollment from the US Army ROTC Program, the Commanding General, U.S. Army Cadet Command, Fort Knox, KY stated after careful review of the applicant’s case, the applicant is hereby disenrolled and will be discharged from the ROTC Program under the provisions of Army Regulation 145-1, Senior Reserve Officers’ Training Corps Program: Organization, Administration, and Training, paragraph 3-43(a)(16), July 1996. a. Disenrollment is for breach of the ROTC contract based on failure to maintain a minimum semester academic grade point average of 2.0 on a 4.0 scale. b. When the ROTC scholarship contract is breached, any obligation to the Army must be satisfied by repaying the cost of advanced education assistance provided by the Army. The total amount of monies spent in support of your education is $31,718.00. A US Army Advanced Education Financial Assistance Record (DA Form 5315-E) detailing the debt is enclosed. c. He must elect one of the options described on the enclosed addendum and return it to Commander, 2nd Brigade (ROTC), US Army Cadet Command. If he elects to pay the total amount owed in a lump sum, he must return the signed addendum and a certified check or money order payable to the Treasures of the United States. If he elects to initiate a repayment plan, return the signed addendum, his repayment selection will be forwarded to the Defense Finance and Accounting Service-Indianapolis Center. They will provide a repayment schedule. d. If he failed to respond by the suspense date, his failure could result in the initiation of involuntary collection action. 4. On 9 February 2021, the Professor of Military Science (PMS): a. Signed a DD Form 785, Record of Disenrollment form Officer Candidate Type Training. In Section IV (Evaluation to be Considered in the Future for Determining Acceptability for Other Officer Training), the PMS indicated the applicant is recommended as an average candidate. b. Issued a memorandum, Subject: Discharge of Service - Cadet [Name]. The memorandum states the applicant is discharged from service from the U.S Army Reserve, U. S. Army Cadet Command, ROTC Control Group, by authority of AR 145-1, effective 19 October 2017. 5. On 8 June 2021, the Niagara Falls Military Entrance Processing Station published Orders 1172014, indicating that having enlisted this date for 6 years in active-duty commitment, he was ordered to proceed to Fort Leonard Wood, MO, reporting on 21 June 2021, for basic combat training, and then to the Defense Language Institute, Monterey, CA, for 53 weeks training in military occupational specialty 35P1L, reporting on 21 June 2021 6. On 21 June 2021, the applicant enlisted in the Regular Army for 6 years. He enlisted in the grade of private first class/E-3 (NOT E-1). His DD Form 1966, Record of Military Processing shows he enlisted for 2 programs: * 9A, Training Enlistment Program * 9C, U.S. Army Cas Bonus, $40,000 for his 6-year enlistment 7. By regulation (AR 135-210, Army National Guard and Reserve, Order to Active Duty as Individuals for Other than a Presidential Reserve Call-up, Partial or Full Mobilization), former ROTC cadets, when ordered to active duty, will be ordered to report to the U. S. Army Reception Battalion and will be ordered to active duty in pay grade E-1. 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 based on the facts and circumstances as stated by the Headquarters US Army Cadet Command and Fort Knox memorandum. The Board noted at the time of his disenrollment in 2017, the applicant declined a call to active duty in lieu of monetary repayment. The Board determined the applicant was aware of the financial obligation that was established from disenrollment. The Board agreed there was insufficient evidence to support the applicant’s endorsement for termination of his Reserve Officers Training Corps (ROTC) debt in the amount of $27,614.59. 2. The Board determined, the applicant did not enlist into the armed service until 2021, 4 years after his disenrollment from ROTC, which doesn’t satisfy the contractual obligation for this debt. The applicant provided insufficient evidence as to the late enlistment, with the acknowledged understanding of his contractual agreement upon disenrollment. Based on a preponderance of evidence, the Board determined contractual and regulatory guidance were not met. Therefore, relief was denied. ? 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 145-1 Senior Reserve Officers’ Training Corps Program: Organization, Administration, and Training, prescribes policies and general procedures for administering the Army's Senior ROTC Program. a. Paragraph 3-39 states the CG, USACC is the approving authority for termination of scholarship and/or disenrollment. A scholarship will be terminated and the cadet disenrolled for any of the reasons listed in paragraph 3–43. b. Paragraph 3-43 states that non-scholarship and scholarship cadets will be disenrolled for a breach of contract. Sub-paragraph 3-43a states 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. Failure to maintain a minimum semester academic grade point average of 2.0 on a 4.0 scale is reason for disenrollment. 2. Title 10, U.S. Code, section 2005(a), states 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 under the terms of which such person shall agree: (1) to complete the educational requirements specified in the agreement and to serve on active duty for a period specified in the agreement and (2) that if such person fails to complete the education requirements specified in the agreement, such person will serve on active duty for a period specified in the agreement. 3. Title 10, U.S. Code, section 2005(f), states that the Secretary concerned shall require, as a condition to the Secretary providing financial assistance under section 2107a (Financial Assistance Program for Specially Selected Members: Army Reserve and Army National Guard, i.e., ROTC) of this title to any person, that such person enter into an agreement described in subsection (a). In addition to the requirements of clauses (1) through (4) of such subsection, any agreement required by this subsection shall provide (1) that if such person fails to complete the education requirements, the Secretary shall have the option to order such person to reimburse the United States in the manner provided for without the Secretary first ordering such person to active duty as provided for under clause (2) of such subsection. 4. Army Regulation 135-210, Army National Guard and Reserve, Order to Active Duty as Individuals for Other than a Presidential Reserve Call-up, Partial or Full Mobilization, prescribes policies and procedures for ordering individual Soldiers of the Army National Guard of the United States and the USAR to active duty during peacetime. It states that former ROTC cadets, when ordered to active duty, will be ordered to report to the U. S. Army Reception Battalion and will be ordered to active duty in pay grade E-1. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009074 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1