IN THE CASE OF: BOARD DATE: 23 August 2023 DOCKET NUMBER: AR20230000445 APPLICANT REQUESTS: relief from a debt incurred following his disenrollment from the Reserve Officers' Training Corps (ROTC), based on his enlistment into the Regular Army. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Records) * DA Form 3286B (Statement of Enlistment – U.S. Army Enlistment Program) * Military Entrance Processing Station (MEPS) Orders * DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) * ROTC Disenrollment Notification Memorandum with attachments (Cadet Acknowledgement and Cadet Waiver) * ROTC Disenrollment Executive Summary Memorandum * Two Memoranda for Record (MFR) * DA Form 5315-E (Educational Program Accountant – U.S. Army Cadet Command) * Cadet Command Form 131-R (Cadet Action Request) * Addendum to Part II – Agreement to Cadet Contract (Active Duty Option) * SROTC (Senior ROTC) Contract Agreement – Special Active Duty Provision – Statement of Understanding * Two sets of University Transcripts FACTS: 1. The applicant states, in March 2021 (sic), the U.S. Army Cadet Command (USACC) disenrolled him from his university and the ROTC program; as a result, he now owes the government $45, 907.27. The applicant provides additional information in a self- authored statement: a. The applicant states he graduated from high school in 2019 and was awarded an ROTC scholarship; he knew he wanted to serve in the military and believed it would be his calling. In 2021, the USACC initiated disenrollment action due to academic disqualification, and the applicant elected to repay his scholarship in monthly payments. Additionally, he decided not to accept a call to active duty as an enlisted Soldier because he intended to get his academic career back on track and, with the then- ongoing COVID-19 pandemic, he wanted to take care of his family. b. In September 2022, the applicant saw an opportunity to enlist because the Army was experiencing recruiting shortages; in addition, an Army recruiter reignited his interest in military service by introducing him to the many opportunities available. On 21 September 2022, the applicant enlisted in the Army, and, as of 28 September 2022 (the date he applied to the Board), he was scheduled to enter active duty on 3 October 2022; he enlisted for advanced individual training (AIT) in military occupational specialty (MOS) 35N (Signals Intelligence Analyst). c. Although he understands he is obligated to repay his debt and accepts responsibility for his academic failures, he nonetheless asks the Board to allow his Regular Army enlistment to serve as payment-in-full for his scholarship benefits. The applicant notes he still intends to become a commissioned officer and believes his requested relief will help him focus on his military career. 2. In support of his request, the applicant provides an extract of his disenrollment documents, copies of his university transcripts, and evidence of his current Regular Army enlistment. Included are the following: a. Memorandum, dated 9 September 2021, subject: Executive Summary – Disenrollment – [Applicant]. The applicant's Professor of Military Science (PMS) (Lieutenant Colonel ) states the applicant breached his ROTC Scholarship contract by failing to maintain enrollment in Military Science courses. In addition, he recommends the applicant for enlisted active duty to pay back the scholarship benefits. b. Cadet Waiver (attachment to the notification of ROTC disenrollment memorandum), dated 17 September 2021, wherein the applicant indicates he is requesting a delayed call to active duty to take effect within 60 days of his projected graduation. 3. A review of the applicant's service record reveals the following: a. On 12 December 2019, the applicant enlisted into the U.S. Army Reserve (USAR) for 8 years and executed a DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract); the form indicated that applicant agreed to the contract's stipulations in return for a 4-year ROTC scholarship. (1) The DA Form 597-3 required the following under "General Cadet Agreement": (a) "Full-Time Student Agreement. I agree to remain a full-time student in good standing at the educational institution named above until I receive my 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 my degree." (b) "Academic Grade Pont Average Agreement. I agree 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. If I am required by my academic major or by the school, I am attending to maintain a higher cumulative and semester or quarter grade point average, I agree to maintain that higher standard until the completion of the academic requirements for my degree. I understand and agree that failure to maintain the minimum academic grade point average may subject me to disenrollment from the ROTC program." (2) Under "Terms of Disenrollment" the DA Form 597-3 stated: (a) "I Agree to Serve on Enlisted Active Duty. Under the terms of this contract, the Secretary of the Army or his or her designee, may order me to active duty as an enlisted soldier, if I am qualified, for a period of not more than four (4) years if 1 fail to complete the ROTC program. If I am disenrolled after the point of obligation, I 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;" (b) "I Agree to Reimburse the United States Government. If I am offered the opportunity to repay my advanced educational assistance in lieu of being ordered to active duty, I will 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 I may have received prior to my obligation point. I agree that any money I am 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 I am first notified of the amount I owe to the United States as reimbursement under this contract. I understand that I may be deemed to have failed to comply with the terms and conditions of this contract (breach of contract) regardless of whether I knew that the failure violated the contract and regardless of whether the failure was the result of an act or omission on my part made with a specific intent to avoid responsibilities under the contract." (c) "I Agree that Any Obligation to Reimburse Will Not Be Altered by Subsequent Enlisted Duty. If I am disenrolled from ROTC, I understand the Secretary of the Army, or his or her designee, retains the prerogative to either order me to active duty or order monetary repayment of my scholarship benefits. Therefore, if I am required to repay my advanced educational assistance under the terms of this contract, my subsequent enlistment in an Armed Service will not relieve me from my repayment obligation." b. As of the Fall 2020 Quarter, the applicant's university placed him on academic probation, and, as of the Winter and Spring 2021 Quarters, the university showed the applicant as academically disqualified. c. On 9 September 2021, the applicant's PMS notified the applicant, via memorandum, that he was initiating disenrollment proceedings against the applicant based on a breach of the ROTC contract, in that the applicant failed to maintain enrollment in Military Science courses. With the notification, the PMS provided a document showing the applicant's total debt was $45,907.27. d. Also, on 9 September 2021, the PMS signed a memorandum, subject: Executive Summary – Disenrollment – [Applicant], in which he outlined the reason for the applicant's disenrollment and recommended the applicant pay back his scholarship benefits. e. On 17 September 2021, the applicant acknowledged the PMS' memorandum and completed the "Cadet Waiver," wherein the applicant waived his rights, to include the right to a hearing and personal appearance before a board. The applicant also declined a call to enlisted active duty. f. On 1 March 2022, the Commanding General (CG), USACC and Fort Knox disenrolled the applicant and ordered the applicant's discharge from the ROTC program; in addition, the CG stated the applicant would be required to repay $45,907.27 to the U.S. government. Effective 7 March 2022, orders discharged the applicant accordingly. g. On 21 September 2022, the applicant enlisted into the USAR Delayed Entry Program (DEP); on 3 October 2022, the applicant entered active duty in the Regular Army for a 4-year term. On 3 October 2022, the applicant signed a DA Form 3286B (Statement of Enlistment – U.S. Army Enlistment Program), which reflected the following: * The applicant enlisted for MOS 35N, and the "U.S. Army Seasonal Bonus (High Priority Seat)" program, which indicated MOS 35N was authorized a $40,000 enlistment bonus * Initial payment of the bonus could not exceed $10,000 and would be paid upon completion of MOS training and the applicant's arrival at his new duty station * Subsequent payments would be paid in equal amounts and occur on the anniversary of the applicant's enlistment contract * Failure to earn the bonus MOS or to complete his term of service would result in the bonus' recoupment h. The applicant is currently undergoing MOS 35N AIT. 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 from University of California Davis Army ROTC and the US Army Cadet Command. Evidence in the records show the applicant’s disenrollment due to breach of his ROTC contract based on academic disqualification. The Board agreed there was insufficient evidence to support the applicant’s endorsement for remission of Reserve Officers Training Corps (ROTC) scholarship debt in the amount of $45, 907.27. 2. Evidence in the record show the applicant acknowledged on his DA Form 597-3 under "General Cadet Agreement" that: “if I am required to repay my advanced educational assistance under the terms of this contract, my subsequent enlistment in an Armed Service will not relieve me from my repayment obligation.” The Board agreed based on the applicant’s acknowledgement regarding any debt forgiveness of his ROTC with his enlistment into the regular Army, is request is without merit. Therefore, the Board denied relief. ? 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 2005 (Advanced Education Assistance: Active-Duty Agreement; Reimbursement Requirements) 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: * to complete the educational requirements specified in the agreement and to serve on active duty for a period specified in the agreement * 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 * 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 repay the debt 2. Army Regulation (AR) 145-1 (Senior ROTC Program: Organization, Administration, and Training), in effect at the time, stated: a. The CG, USACC, was the approval authority for termination of scholarship and/or disenrollment. A scholarship was to be terminated and the cadet disenrolled when he/she breached the terms of the contract. b. Non-scholarship and scholarship cadets could be disenrolled for a breach of contract. Subparagraph 3-43a stated a breach was defined as any act, performance, or nonperformance on the part of a student that breached 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 breached the contract. c. Cadets called to active duty for breach of the terms of their ROTC contract were to serve periods of active duty as specified in their contract. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000445 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1