After all these months of following gojira's predicament, I still have the same basic question:
why was I surprised about the magnitude of the payback obligation?
I think there are three reasons:
1) In ordinary college scholarships, when a student on scholarship fails to maintain the standards required (conduct, GPA), the scholarship is removed, but there is no obligation to pay back prior years of scholarship payment.
2) There was no discussion that I recall in the Scholarship Award letter that arrived to our house about the scholarship benefits needing to be repaid in full from Day 1 if the cadet were to be separated from ROTC in, say, year four.
3) The ROTC Scholarship Cadet Contract itself (perhaps there are other documents presented to a cadet upon signing the Contract) is not clear about the exact nature, the specifics, of the "obligation".
http://www.missouristate.edu/assets/milcsi/DA597_3_Scholarship_Cadet_Contract.pdf In 3 (c) is found what to me is a rather general phrase under Cadet Obligations. It says:
"I understand that I will incur an active duty and/or reimbursement obligation after the first day of my MSII year".
OK, that's fine, but where does it go on to explain that the cadet has no choice in whether the obligation is active duty or reimbursement? Where is reimbursement defined? If one is to assume that an ROTC scholarship is similar to other college scholarships, the reimbursement obligation would probably, likely, refer to scholarship dollars ONLY from the beginning of the Semester in which the student failed to meet the scholarship standards, not for all the prior years at that college when the student met the scholarship standards.
I hope that cadets are given supplementary materials to explain all the important aspects of the Form 597-3, and are clearly briefed on what "active duty and/or reimbursement obligation" means. Who goes over those details with the cadet when he/she arrives on campus, passes the APFT, and then signs the Scholarship Contract? Remember, these are by and large 18 or 19 year olds who have never signed an important contract in their lives, and may not be as cautious as their parents are to "read every word of the contract, and know what every word means". In this case, however, reading every word doesn't clearly paint the picture that the and/or isn't, and that reimbursement means all money received in arrears to day 1.
If find it interesting that in securing a home loan, there are about 75 pages of single space explanations that ensure that the borrower is clear about the obligations of repayment of the loan, and the rights of the lender if the repayments are not made. I find it interesting that these loans require, as I recall, at least 15 notazrized initials or signatures on key pages. Is there a similar procedure when a cadet takes out what is, at some schools, a $190,000 loan against future performance? Is the explanation clear and detailed when the cadet signs form 597-3?? I hope so, because neither parent nor cadet would expect such an "in-arrears" repayment obligation based solely upon the communications from Cadet Command to the Scholarship Awardee's home!
Whew! OK, I've vented. Now, move along folks, nothing to see here.
After reading your post I read over the contract you linked and my son's contract. It seems to state pretty clear in section 5e that it is their perogative to either require enlistment or repayment.
In section 5b it seems clear that the repayment is the amount from commencement of the contract to disenrollment.
Of course this is the AROTC Contract, I have no idea how it is worded for the Navy.
The whole issue with how the NROTC unit handled Gojira's son seems way off base, the late paperwork, the last minute signing of evals, and the apparent loss of the contract leaves a lot to be desired. I hope everyone thinking about or acceptin a scholarship reads these posts and understands how important it is to keep up with the paperwork.
I think the more the parents understand these issues the better, Many parents are accused of being Helo parents (I hate that word). In this case a little hovering is needed. the more parents understand this process the better we can advise our kids what to watch out for and what to stay on top of. This should have never happened.
Good luck Gojira, keep up the fight, and best of luck to your son.