IN THE CASE OF: BOARD DATE: 20 January 2023 DOCKET NUMBER: AR20220003678 APPLICANT REQUESTS: remission of the debt associated within her previous dismissal from the Reserve Officers' Training Corps (ROTC) program. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Medical documents FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), 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 was dismissed from the Army ROTC program due to her failure to remain in compliance with the height and weight standards. She contests that this issue was due to an underlying health condition that contributed to her inability to lose weight. At the time of her disenrollment, she was actively trying to lose weight and improve her Army Physical Fitness Test (APFT) scores. She has always struggled with weight loss and other health complications to include irregular menstrual cycles. In 2012, she began seeking healthcare assistance in order to address these concerns. Following her dismissal from the program, she continued to try to lose weight. In 2016, she began experiencing panic attacks, numbness in her limbs etc. She was later diagnosed with Polycystic Ovarian Syndrome, mild Irritable Bowl System (IBS) and a tortured colon. Three months later she was able to lose close to 20 pounds and was relieved of most of the related symptoms. She adds that she previously submitted this request in 2018, but the packet was never received. 2. A review of the applicant's available service records reflects the following: a. On 12 September 2008, the applicant enlisted in the U.S. Army Reserve and contracted to participate in the Old Dominion University ROTC program with entitlement to a 4-year ROTC Scholarship. Paragraph 5 (Terms of Disenrollment) of DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) provides acknowledgment by the applicant that once she became obligated and then later dis-enrolled from the ROTC program, she would be subject to reimburse the U.S. Government through repayment of an amount of money plus interest, equal to the entire amount of financial assistance paid by the U.S. for her advanced education from the commencement of the contractual agreement to the date of her disenrollment. Under the terms of the contract, the applicant further acknowledged that if she was dis-enrolled from the ROTC program, the Secretary of the Army retained the prerogative to either ordered her to active duty or order monetary repayment of scholarship benefits. Subsequent enlistment in an Armed Service would not relieve her of her repayment obligation. b. On 24 August 2012, disenrollment action was initiated by the Professor of Military Sciences (PMS), and the applicant was placed on a Leave of Absence for the period of 24 August 2012 – 6 December 2012, for failure to meet the same requirements of the Army Weight Control Program as required by active duty Soldiers. The applicant waived her rights to a hearing and declined the right to be called to active duty within 60 days of graduation or dismissal from the school, whichever occurred first. c. As of 5 September 2012, the applicant had received approximately $34,236.00 in ROTC scholarship benefits. d. On 17 September 2012, the Headquarters 4th Brigade (ROTC) Commander concurred with the PMS. The applicant was subsequently disenrolled by the U.S. Army Cadet Command (USACC) from the ROTC program in accordance with Army Regulation (AR) 145-1 (Senior Reserve Officers' Training Corps Program: Organization, Administration and Training), paragraph 3-43a(16)(Disenrollment) due to breach of her ROTC contract based on her failure to meet height and weight standards. e. As of 7 October 2022, the applicant has paid $8,937.71 of the $34,236.00 owed. 3. The applicant provides medical documents pertaining to healthcare that she received between December 2012 and October 2018 for abdominal pain and other underlying medical conditions. In June 2018, the applicant expressed concerns with her weight gain. In October 2018, the applicant's health care provider provided a letter acknowledging that the applicant had been under her care to address her irregular menstrual cycles and multiple follicles on her ovaries. The physician discerned that this was consistent with a diagnosis of Polycystic Ovarian Syndrome. 4. On 13 October 2022, the Headquarters, USACC, Deputy Chief of Staff for Personnel, Deputy G-1, provided an advisory opinion noting that the applicant was disenrolled in accordance with AR 145-1, paragraph 3-43a(16) on 14 November 2012. Based upon review of her records he further advised that the applicant's debt was indeed valid and should be upheld. The fact that she was diagnosed with a medical condition 5-6 years after being disenrolled would not be a valid reason to waive her scholarship debt. 5. On 24 October 2022, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. 6. On 10 November 2022, the applicant responded to the advisory opinion noting that she initially began seeking medical care in December 2012, not 5-6 years after she was disenrolled. Further, the applicant adds that she continued to make attempts to lose weight on her own. However, she was never offered any additional coaching other than remedial physical training. This document, along with provided pictures, are provided in their entirety for the Boards review within the supporting documents. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was not warranted. The applicant's contentions, his military records, and regulatory guidance were carefully considered. a. The evidence of record confirms the applicant was accepted into an Army ROTC scholarship program. She fully understood and accepted the terms of her enrollment when she authenticated his contract. She agreed that if she were disenrolled from the ROTC Program for any reason, she would have to repay his scholarship debt or be ordered to active duty in the rank/grade of PV1/E-1 for an appropriate number of years. The evidence of record shows she failed to satisfy the contractual requirements of this program. As she was found in breach of his ROTC contract, she was accordingly notified of disenrollment from the program. She waived consideration by a disenrollment board. The appropriate official ultimately approved the disenrollment. b. The terms of the ROTC scholarship contract required a cadet to either monetarily repay the debt or agree to be ordered to active duty. The applicant entered into a valid Army Senior ROTC Cadet Contract. She received advanced educational assistance in the form of ROTC scholarship monies from the U.S. Government in the amount of $33,236 that constitutes a valid debt to the U.S. Government. She did not enlist on active duty as an E-1. The Board found no error or injustice. 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. 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 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. 3. 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. Breach of contract (including formerly used term willful evasion) or for failure to meet the same requirements of the Army Weight Control Program and the Army Physical Fitness Test as required of the active duty Soldiers prior to the end of the last school term of MS III year. 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. The Commanding General, ROTC Cadet Command, is the only authority for discharge of 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. If not academically enrolled, the cadet will be ordered to active duty 60 days from date of notification of active duty. a. Cadet's assigned to USAR Control Group (ROTC) may be discharged or separated for the convenience of the Government for termination of a scholarship. b. Cadet's assigned to USAR Control Group (ROTC), who is 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. 4. Title 10, USC, 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 MOS 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 USC, 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003678 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1