IN THE CASE OF: BOARD DATE: 3 January 2024 DOCKET NUMBER: AR20230008260 APPLICANT REQUESTS: cancellation or remission of his Reserve Officers' Training Corps (ROTC) scholarship indebtedness. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), 19 March 2012 * Headquarters (HQs), Joint Readiness Training Center and Fort Polk Orders Number 175-077 * Leave and Earnings Statement ending 31 March 2023 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 effect, he was disenrolled from the ROTC and then enlisted in the Regular Army (RA) on 19 March 2012, he has served 11-years and continues to serve on active duty in the rank of sergeant first class. In 2012, when he was a private first class, the Defense Finance and Accounting Service (DFAS) contacted him about a debt. At that time, he was told since he was on active duty his debt would be waived after he completed 2-years of active service. Now that he has served 11-years, he received a letter regarding the debt which he understood would be waived since he completed over 2-years of active service. He is a single father of three school age children, he will not be able to pay the debt on top of his $30,000.00 in student loans he incurred to be able to finish his degree after he was disenrolled from the ROTC program. He requests the remission or cancellation of his ROTC indebtedness because he 11-years of active-duty service. 3. A review of the applicant's service record shows: a. The applicant enlisted in the RA on 19 March 2012 and he had continuous service through reenlistments. b. The applicant's Enlisted Record Brief shows that his Basic Active Service Date, Date Initially Entered Military Service (DIEMS), Pay Entry Base Date, and Basic Enlisted Service Date all reflect 19 March 2012, and he was awarded a Bachelor of Science in Criminal Justice in 2016. 4. The applicant provides: a. HQs, Joint Readiness Training Center and Fort Polk Orders Number 175-007 which shows the applicant was assigned to the U.S. Army Maneuver Support Center of Excellence, effective 5 August 2019. b. Leave and Earnings Statement for the period of 1 through 31 March 2023 which shows the applicant had 14-years of service and his DIEMS was 19 March 2012. 5. On 20 September 2023, in the processing of his case, HQs, U.S. Army Cadet Command, provided an advisory opinion regarding the applicant's request for the remission or cancellation of his indebtedness to repay advanced educational benefits he spent under his ROTC contract. The advisory official stated the applicant was disenrolled on 11 February 2011 from the Army ROTC program for breach of contract based on his failure to maintain a minimum semester academic grade point average of 2.0. The amount of educational benefits spent on his behalf totaled an amount of $83,320.00. Although he since joined the Army, under the terms of the ROTC contract, any subsequent enlistment in the Armed Forces does not relieve him of his obligation to repay the educational benefits he received. Therefore, his request to waive his debt cannot be approved as the Commanding General is not authorized to waive a properly established debt resulting from a breach of the ROTC contract. His Cadet Record Brief shows he was awarded a 4-year scholarship and his initial enrollment was 6 June 2007. He was disenrolled for academic failure on 11 February 2011. The U.S. Army Advance Education Financial Assistance Record shows the applicant was paid $83,320.00 in Army ROTC Scholarship benefits. 6. On 22 September 2023, the Army Review Boards Agency, Case Management Division provided the applicant the advisory opinion for review and comment., He did not respond. 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, available military records and the Headquarters, United States Army Cadet Command- Deputy Chief of Staff for Personnel G-1 advisory opinion, the Board concurred with the advising official finding the applicant was disenrolled due to breach of his ROTC contact based on his failure to maintain a minimum semester academic grade point average of 2.0 on a 4.0 scale. 2. The Board noted upon disenrollment in February 2011, the applicant enlisted into the regular army in March 2012 and is currently serving as a sergeant first class for the past 14 years. The Board carefully considered the applicant’s contentions and his service over the past 14 years. However, the Board found the applicant’s enlistment into the regular army does not relieve him of his obligation to repay the educational benefits he received. The Board determined relief for cancellation or remission of his Reserve Officers' Training Corps (ROTC) scholarship indebtedness is not warranted Therefore, relief is 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. 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. 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 based on this regulation in cases arising from debts incurred while serving on active duty or in an active status as a Soldier. 3. AR 145-1 (Senior Reserve Officers' Training Corps Program: Organization, Administration, and Training), prescribes policies and general procedures for administering the Army's Senior Reserve Officers' Training Corps (SROTC) Program. Except as an implementation of statue or otherwise prohibited, waivers and exceptions to the provisions of this regulation will be forwarded through command channels to Headquarters, Department of the Army (HQDA) proponent, HQDA (DAPE–MPO). The Commanding General, U.S. Army Reserve Officers' Training Corps Cadet Command (CG, ROTCCC) will provide detailed procedures for the day-to-day operation of the Reserve Officers' Training Corps (ROTC) Program. a. Paragraph 3-39 (Termination of scholarship and disenrollment), the Commanding General, ROTC Cadet Command, is the approving authority for termination of scholarship and/or disenrollment. A scholarship will be terminated, and the cadet dis- enrolled for any of the reasons listed in paragraph 3–43. b. Paragraph 3-43 (Disenrollment), a. A non-scholarship cadet may be dis-enrolled by the Professor of Military Science. A scholarship cadet may be dis-enrolled only by the CG, ROTCCC. Disenrollment authority does not include the discharge authority for SMP participants. Non-scholarship and scholarship cadets will be dis-enrolled for the following reasons: Subparagraph (6) Failure to maintain a minimum semester or quarter cumulative academic GPA of 2.0 on a 4.0 scale or higher if required by the school and at least a 3.0 on a 4.0 scale or equivalent semester or quarter and cumulative average in all ROTC courses. 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230008260 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1