IN THE CASE OF: BOARD DATE: 18 March 2021 DOCKET NUMBER: AR20200006731 APPLICANT REQUESTS: in effect, correction of her record to show her $16,658.00 Reserve Officers’ Training Corps (ROTC) debt was remitted/cancelled. APPLICANT'S SUPPORTING DOCUMENTS 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), dated 3 April 2014 * DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), dated 3 April 2014 * Cadet Command Form 131-R (Cadet Action Request), dated 9 September 2015 * Memorandum, Subject: Notification of Disenrollment from the ROTC - Due Process and Appellate Rights of Scholarship/Non-scholarship Cadet, dated 9 September 2015 * Active duty option * Memorandum for Record (MFR), Subject; Notification of Personal Service, dated 9 September 2015 * Student academic transcript * Memorandum, Subject: Executive summary for the applicant's disenrollment, dated 30 September 2015 * Memorandum, Subject: Disenrollment Recommendation for the applicant, dated 1 October 2015 * Memorandum, Subject: Disenrollment from the U.S. Army ROTC Program, dated 24 October 2015 * Shippensburg University semester information * Cadet record brief * DA Form 5315-E (U.S. Army Advanced Education Financial Assistance Record) * Email correspondence FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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, she enrolled in Shippensburg University's ROTC program in August 2013. While in this program, she was continuously sexually harassed and threatened by multiple cadre members and two other cadets, one cadet was later discharged from the program for assault of another cadet. She tried filing a Sexual Harassment/Assault Prevention Program (SHARP) complaint in the fall of 2014, but was unsuccessful, for the SHARP specialist was one of the cadre members committing the sexual harassment. She spoke with the major in the program, who did try to help her. However, after this conversation was noted, the threats progressed. She has tried reaching out countless times to the U.S. Army Cadet Command after her disenrollment, but was never successful in receiving help. She wants someone to hear and listen to her side of the story of why she dis-enrolled from the program, but also to note, she did not intend to not pay this debt. She truly thought it was written off per email. 3. On 3 April 2014, the applicant enlisted in the U.S. Army Reserve as a cadet. In conjunction with this enlistment DA Form 597-3 was completed showing the following: a. She contracted for an education commencement date of 3 April 2014 and a completion date of 6 May 2017 at Shippensburg University. b. The Army would pay: * full tuition and educational fees for 3.5 academic years * $1,2000.00 books and laboratory expenses * monthly subsistence of $300.00 for military science cadets (1st year), $350.00 for military science cadets (2nd year), $450.00 for military science cadets (3rd year), and $500.00 for military science cadets (4th year) c. She agreed to remain a full-time student in good standing at the educational institution named until she received her degree. d. She understood if she was dis-enrolled from ROTC, the Secretary of the Army or his designee retains the prerogative to either order her to active duty or order monetary repayment of her scholarship benefits. e. She endorsed this form with her signature. 4. The applicant's records are void of her ROTC dis-enrollment packet. 5. The applicant provides: a. Cadet Command Form 131-R showing the processing of the applicant's disenrollment and waiver of rights. b. Memorandum, Subject: Notification of Disenrollment from the ROTC - Due Process and Appellate Rights of Scholarship/Non-scholarship Cadet wherein the applicant's Professor of Military Science advised her of her rights. c. Active duty option showing the applicant declined the option to serve on active duty. d. MFR, Subject; Notification of Personal Service showing the applicant was personally delivered the notification of disenrollment from the ROTC program. e. Student academic transcript showing the applicant's registered classes. f. Memorandum, Subject: Executive summary for the applicant's disenrollment wherein the applicant's Professor of Military Science requested disenrollment because she dropped the Military Science class. g. Memorandum, Subject: Disenrollment Recommendation for the applicant wherein the applicant's senior commander recommended immediate disenrollment from the ROTC program due to a breach of contract. h. Memorandum, Subject: Disenrollment from the U.S. Army ROTC Program wherein the U.S. Army Cadet Commanding General dis-enrolled the applicant from the ROTC program, and directed repayment of the advanced educational monies in the amount of $16,658.00. i. Shippensburg University semester information showing the schools administrative requirements for enrollment. j. Cadet record brief providing the applicant's ROTC history. k. DA Form 5315 showing the total ROTC scholarship benefits paid was $16,658.00. l. Email correspondence wherein attempted to contact someone at the U.S. Department of Justice. She stated the U.S Department of Justice would either write the debt off or it may be collected through tax returns. She advised the applicant to put away money for repayment and to file a petition with the Board. 6. On 12 February 2021, the Department of the Army, Office of the Deputy Chief of Staff, G-1 reviewed the applicant's records and rendered an advisory opinion in her case. After a thorough review, the Chief, Compensation and Entitlements Division opined that, this office recommends that the Army Review Boards Agency provide no relief for the applicant’s request of debt waiver. The established debt of $16,658.00 is valid and the applicant was aware of the financial obligations for repayment of tuition due to the voluntary disenrollment. The applicant provided documents verifying enrollment in the ROTC program. Those documents demonstrated that the required counseling regarding tuition reimbursement occurred at both the entry of the ROTC program in April 2014 and again at voluntary disenrollment from the ROTC program in November 2015. Thus the applicant was aware of the financial obligation that was established from voluntary disenrollment. 7. The applicant was provided with a copy of this advisory opinion to give her an opportunity to respond and/or submit a rebuttal. She did not respond. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicants request, supporting documents and evidence in the records. The Board considered the applicant’s statement, her military service record, the review and conclusion of the Deputy G-1 advisory opinion and documents provided by the applicant. The Board concurred with the DSCPER-G1 advisory opinion finding insufficient evidence to support the applicant’s endorsement for debt cancellation. The Board noted at the time of her disenrollment, the applicant declined a call to active duty in lieu of monetary repayment in accordance with her own admission. Furthermore, the applicant provided documents verifying enrollment in the ROTC program. Those documents demonstrated that the required counseling regarding tuition reimbursement occurred at both the entry of the ROTC program in April 2014 and again at voluntary disenrollment from the ROTC program in November 2015. The Board determined the applicant was aware of the financial obligation that was established from voluntary disenrollment. Based on a preponderance of evidence, the Board concluded 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. 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 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 on the basis of this regulation in cases arising from debts incurred while serving on active duty or in an active status as a Soldier. 3. 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) AR20200006731 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1