IN THE CASE OF: BOARD DATE: 17 April 2023 DOCKET NUMBER: AR20220010361 APPLICANT REQUESTS: remission of debt associated with Reserve Officer Training Corps (ROTC) Program disenrollment. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record). FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states in pertinent part that she is an enlisted veteran and her ROTC debt needs to be waived or removed because she was not receiving pay while she was serving and her pay was being garnished. She is currently homeless and unemployed. 3. A review of the applicant's available service records reflects the following: a. On 6 March 2012, the applicant enlisted in the Army National Guard (ARNG) for 8 years. b. On 10 October 2012, the applicant contracted in the Morgan State Senior ROTC (SROTC) Program and was therefore transferred into the U.S. Army Reserve (USAR) Control Group (ROTC). The applicant endorsed DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) acknowledging that once she became obligated and disenrolled from the ROTC program for breach of contractual terms or any other disenrollment criteria that she may be ordered to active duty as an enlisted Soldier for a period not more than 4-years if she failed to complete the ROTC program. If offered the opportunity to repay her debt in lieu of being ordered to active duty, she would be required to reimburse the government, plus interest, equal to the amount previously paid by the U.S. Government from the commencement date of the contract through the date of disenrollment. Further, the applicant acknowledged that if disenrolled the Secretary of the Army, or his/her designee retains the prerogative to either order her to active duty or direct monetary repayment of scholarship benefits. Any obligation to reimburse would not be altered by subsequent enlisted duty and subsequent enlistment in the Armed Service would not relieve her from her repayment obligation. c. On 15 March 2015, the applicant was advised of her disenrollment from the ROTC Program due to a breach of contract based on her failure to maintain the Army Physical Fitness Test standards. The commander, Headquarters, U.S. Army Cadet Command acknowledged her request to serve on active duty in lieu of monetary recoupment of her scholarship debt. However, because she was assigned to the ARNG, he was unable to approve her request. Therefore, she was obligated to repay the $22,264.50 worth of educational assistance previously provided. The Georgia State University issued Orders Number 074-1, discharging the applicant from the USAR Control Group (ROTC) in accordance with Army Regulation (AR) 145-1 (Senior ROTC Program, Organization, Administration and Training), paragraph 3-43a(16). d. On or about 19 January 2017, the applicant submitted a request for a waiver to reenroll in the SROTC Program at Morgan State University. e. On 31 January 2017, the applicant's request for reenrollment was approved. Since her previous ROTC contract was terminated upon disenrollment, a new non- scholarship ROTC Contract was required. f. On 14 February 2017, the applicant enlisted in the U.S. Army [sic] for 8 years, subsequently contracted in the Morgan State ROTC Program and was therefore transferred into the USAR Control Group (ROTC). In conjunction with her reenrollment in the SROTC Program, the applicant completed a DA Form 597 (Army Senior ROTC Non-Scholarship Cadet Contract) reflective of the applicant's contractual obligation as an ROTC Cadet. Part II (Agreement of Non-Scholarship Cadet Contracting in the Senior ROTC Program) provides an understanding by the applicant that as a condition for membership in the Army ROTC Program, she agreed to enlist in the Reserve Component of the United States Army (with an assignment to the USAR Control Group (ROTC)) for a period prescribed by the Secretary of the Army. The applicant acknowledged and agreed that once she became obligated and later disenrolled from the ROTC program for breach of contractual terms or any other disenrollment criteria established now or in the future by Army Regulations, she would be subject to a requirement to serve on active duty as an enlisted Soldier or transfer to the Individual Ready Reserve otherwise referred to as the USAR Control Group (Reinforcement). Lastly, the applicant acknowledged that the provisions in the contract contain the only binding promises by both parties and that this agreement controls over any conflicting advice or information that she may have received orally or in writing from Cadet Command, her Professor of Military Science, other cadre, cadets or others regarding her obligations and agreements to the Army. If any provision within this agreement is determined to be invalid or unenforceable by a court of law, the remaining terms and agreements would remain in full force and effect. g. On 8 June 2017, the applicant agreed to participate in the Simultaneous Membership Program (SMP). h. On 11 June 2019, the Maryland ARNG retroactively issued Orders Number 162- 003 discharging the applicant from the ARNG and reassigning her to the USAR Control Group (Reinforcement), effective 5 March 2019 due to the completion of her 6-year service obligation. The National Guard Bureau Form 22 (Report of Separation and Record of Service) issued at the time of discharge reflects that the applicant has a 5 March 2020, Terminal Date of Reserve/Military Service Obligation. i. On 25 October 2021, Morgan State University SROTC issued a memorandum reflective of the applicant being discharged from the Morgan State University SROTC Program, effective 20 October 2021, in accordance with AR 145-1, paragraph 3-43a (11). BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. The governing regulation provides that the Secretary of the Army may remit or cancel a Soldier's debt to the U.S. Army if such action is in the best interests of the United States. The Board agreed the applicant met her obligation when she received a waiver to reenroll in the program and successfully completed the program in addition to her service requirement. The Board determined that the evidence presented is sufficient for remission of the debt associated with Reserve Officer Training Corps (ROTC) Program. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing remission of the debt associated with Reserve Officer Training Corps (ROTC) Program. 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 145-1 (Senior ROTC Program, Organization, Administration and Training) provides that a scholarship cadet may be dis-enrolled only by the Commanding General, ROTC Cadet Command. Disenrollment authority does not include the discharge authority for SMP participants. Non-scholarship and scholarship cadets will be disenrolled because of a breach of contract (Paragraph 3-43a(16)). A 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. Non- scholarship and scholarship cadets will be disenrolled if it is discovered that a fact or condition exists that will bar a cadet for appointment as a commissioned officer, to include a positive urinalysis for drug and alcohol abuse (Paragraph 3-43a(11)). The Commanding General, ROTC Cadet Command, is the only authority for discharge of scholarship cadets. The Professor of Military Science, Brigade Commander or the Region Commander is the authority for discharging non-scholarship cadets. ROTC cadets normally will be honorably discharged on the date of disenrollment from the ROTC program, except those ordered to active duty under the terms of their ROTC contract. a. Cadets assigned to USAR Control Group (ROTC) may be discharged or separated for the convenience of the Government for termination of a scholarship. b. Cadets assigned to USAR Control Group (ROTC), who are not ordered to active duty or pending such an order and has no previous military service, or who has not completed a basic training course, will be discharged. The effective date of discharge or transfer will be the date of disenrollment from the ROTC. c. Scholarship students may be required to repay all or part of their scholarship financial assistance. 3. AR 601-210 (Regular Army and Reserve Components Enlistment Program) provides that ROTC/SMP participants may apply for ROTC scholarships; however, they will be transferred from Troop Program Unit (TPU) assignment and reassigned to Control Group (ROTC). Should member become disenrolled from ROTC (Military Science (MS) II, MS III, or MS IV); fail to volunteer for the Early Commissioning Program; fail to accept a commission; or fail to be tendered a commission, if otherwise qualified, they will be retained in the unit in an enlisted status until completion of the statutory or contractual Mandatory Service Obligation (MSO). A cadet participating in the ROTC/SMP is subject to the same standards for satisfactory performance and participation as all contractually obligated officers and enlisted Soldiers assigned to the TPU. Failure to meet these performance and participation standards may result in cancellation of the ROTC/SMP agreement (DA Form 4824) and reassignment from the TPU to Control Group (ROTC), or disenrollment from the ROTC (MS III or MS IV). 4. AR 600-4 (Remission or Cancellation of Indebtedness) in accordance with the authority of Title 10 USC, section 4837, the Secretary of the Army may remit or cancel a Soldier's debt to the U.S. Army if such action is in the best interests of the United States. Indebtedness to the U.S. Army that may not be canceled under Title 10 USC, section 4837 when the debt is incurred while not on active duty or in an active status. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010361 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1