AR20160004440

IN THE CASE OF:

BOARD DATE: 31 May 2016

DOCKET NUMBER: AR20160004440

BOARD VOTE:

____X____ ____X__ ____X___ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 31 May 2016

DOCKET NUMBER: AR20160004440

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 remitting his Reserve Officers’ Training Corps debt.

_____________X___________
CHAIRPERSON

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.

IN THE CASE OF:

BOARD DATE: 31 May 2016

DOCKET NUMBER: AR20160004440

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).

THE APPLICANT’S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests correction of his records by remitting his Reserve Officers’ Training Corps (ROTC) debt.

2. The applicant states:

a. His current debt in the amount of $18,963.86 should be forgiven or considered repaid after 12 years of distinguished military service.

b. In September 2003, he joined the Army believing his enlistment in the military would forgive/repay the debt ($15,736.00) he incurred while attending OldDominion University on an ROTC scholarship. While at the reception battalion at FortBenning, he was informed he and his recruiter had made a mistake and that he should have waited for military orders to be sent to him. At that time, it was determined he should continue on to training, that his debt would be forgiven, and that he would not receive a reenlistment bonus, which he never did.

c. While in basic training, he was told that he needed to submit an application to the Army Board for Correction of Military Records (ABCMR) to correct this situation. The ABCMR reached a decision in June 2005, which corrected the debt. He thought the matter was resolved. For some reason he is now being held responsible for repaying the debt.

d. He was under the impression the debt had been forgiven/repaid until November 2015 when he received a bill from the Defense Finance and Accounting Service (DFAS) for $18,755.01. He sent them a copy of the ABCMR proceedings, which satisfied the debt. He is still receiving bills.

3. The applicant provides a copy of his 2005 ABCMR proceedings.

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the U.S.Army Reserve (ROTC Control Group) on 15September 2000.

2. On 21July 2003, he was disenrolled from the ROTC Program for failing to maintain the minimum semester and cumulative academic grade point average.

3. He was discharged from the U.S.Army Reserve Control Group (ROTC) effective 31July 2003.

4. On 19September 2003, he enlisted in the Regular Army for a period of 4years in pay grade E-3 and a cash bonus in the amount of $6,000.00.

5. In October 2003, Headquarters, U.S.Army Cadet Command, sent him a statement of options: either repay the ROTC debt monetarily or agree to be ordered to active duty based on the needs of the Army. He did not return the statement.

6. A DFAS statement, dated 2January 2004, shows he was charged with a debt in the amount of $15,736.00.

7. In March 2004, he petitioned the ABCMR to remit his ROTC debt. On 26May 2005, the ABCMR granted the following partial relief:

a. amended his ROTC scholarship contract to show he would satisfy a portion of the $15,736.00 ROTC debt under the original terms of the ROTC contract by successfully completing his current enlistment in the Regular Army;

b. the portion of the ROTC debt that would be satisfied by the above correction would be the total amount of the ROTC debt minus the $6,000.00 he received as a cash enlistment bonus (excluding any taxes taken from this bonus); and

c. if he failed to complete the period of enlisted service obligated as a result of his amended ROTC scholarship contract, either voluntarily or because of misconduct, his ROTC debt would be required to be recouped on a pro-rated basis in accordance with his contract.

8. He provided a certificate from the Army Review Board Agency Support Division, St.Louis, Missouri, dated 8July 2005, which states:

a. The applicant’s records were corrected to amend his ROTC scholarship contract to show he will satisfy a portion of the $15,736.00 ROTC debt under the original terms of the ROTC contract by successfully completing his current enlistment in the Regular Army.

b. The portion that will be satisfied of the $15,736.00 will be $6,000.00 that was received as a cash enlistment bonus (excluding any taxes taken from the bonus).

c. If he fails to complete the period of enlisted service obligated as a result of his ROTC scholarship contract, either voluntarily or because of misconduct, the ROTC debt would be required to be recouped on a pro-rated basis in accordance with his contract.

8. DFAS records do not show the applicant ever received an enlistment bonus in the amount of $6,000.00 in 2003 in conjunction with his initial enlistment in the Regular Army.

9. He has remained on active duty through continuous reenlistments and is currently serving in the rank of sergeantfirstclass.

DISCUSSION:

1. The evidence of record shows the applicant incurred a debt in the amount of $15,736.00 for his ROTC education tuition assistance in 2003.

2. He then enlisted in the Regular Army on 19September 2003 for a period of 4years and a cash bonus in the amount of $6,000.00.

3. In 2005, the ABCMR corrected his records by amending his ROTC scholarship contract to show he would satisfy a portion of the $15,736.00 ROTC debt under the original terms of the ROTC contract by successfully completing his current enlistment in the Regular Army. The portion of the ROTC debt that would be satisfied by the above correction would be the total amount of the ROTC debt minus an amount equivalent to the $6,000.00 he received as a cash enlistment bonus (excluding any taxes taken from this bonus), as he would not have been eligible for an enlistment bonus if he had been ordered to active duty based on the needs of the Army.

4. The Army Review Boards Agency Support Division certificate incorrectly stated the portion of the $15,736.00 debt that would be satisfied would be the $6,000.00 that was received as a cash enlistment bonus when, in fact, the satisfied portion of the applicant’s debt was $9,736.00.

5. DFAS records confirm he did not receive an enlistment bonus in the amount of $6,000.00 in 2003. Since he did not receive the enlistment bonus, there was no basis to offset remission of the total debt ($15,736.00).

6. He successfully completed his initial enlistment in the Regular Army and has remained on active duty since 2003. Based on this evidence, he satisfied his ROTC debt in full.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20160004440

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20160004440

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2