NROTC Repayment of Tuition and Fees with Drop On Request before obligation period

252swede

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Sep 14, 2021
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My son just received his PRB report with a board recommendation of leave of absence pending disenrollment with the recoupment of freshmen year tuition and fees. He submitted a DOR several weeks before the start of his sophomore year. His advisor says, "Most likely, you will not be required to pay back tuition due to not being obligated." I do not trust him.

The PRB had no negative points except for a physical fitness warning when he first started. His GPA is 3.21.

He has chosen to continue his current field of study of Marine Engineering after a positive experience with the school after CORTRAMID.

I told him hot to sign the disenrollment form unless it had $0 for the amount of indebtedness.

Should I get a lawyer to help my son draft a response to the PRB before he signs it?
 
If I read this correctly, your son is a NROTC national scholarship winner, who completed his freshman year at a unit/ university. He decided to not continue in NROTC, but showed up and participated with his unit in these first weeks of his sophomore year? Oh my.

It's so clearly documented that you can walk away with no penalty BEFORE the start of your sophomore year but that once you start your sophomore year participation, if you then drop before you commission, you may be on the hook for recoupment of funds all the way back. Why or why did he show up and participate, and risk making this complicated? Why didn't he just drop and not show for sophomore year and process his decision before the year started? Did he read his contract? Can't see it, but I am shaking my head in disbelief.

Do you need an attorney? You need compassion and to hope that your unit exercises some grace/ discretion and lets him walk away as he could have had he not showed up this year. If his decision to drop was sent before his sophomore year started, that may help him.

Yes, do not sign anything until you review it and get it worked out that he will not have to pay for his freshman year. Of course he will lose the sophomore year funds.

Your son crossed an easily avoidable line by participating in his sophomore year. Such a big penalty for not understanding the contract, potentially. My best guess is this will sort out and he'll be able to walk away with a free 1st year. Information is power- I hope it sorts out for you. Good luck.
 
Yes, he was a national scholarship winner. He finished his freshman year, then submitted an email titled Drop On Request on August 15 with a request for the appropriate paperwork. The NROTC unit didn't respond. He sent a second email. on August 23 asking for the paperwork again. Class started on August 24. He did not attend the NROTC classes or participate with the unit. He wants to continue his education and pay for his sophomore year himself and go forward with his degree. Any recommendations for a lawyer?
 
Yes, he was a national scholarship winner. He finished his freshman year, then submitted an email titled Drop On Request on August 15 with a request for the appropriate paperwork. The NROTC unit didn't respond. He sent a second email. on August 23 asking for the paperwork again. Class started on August 24. He did not attend the NROTC classes or participate with the unit. He wants to continue his education and pay for his sophomore year himself and go forward with his degree. Any recommendations for a lawyer?
If you Google “ROTC disenrollment and recoupment military JAG lawyers,” you will find a group of firms that typically come up. Most are former military JAG lawyers who know the rules, processes, points of contact, what can be negotiated, how to advocate for the best outcome. Do the appropriate due diligence, in terms of looking at years in business, Better Business Bureau record, etc. Someone may PM you with specifics, but both parties have to have 5 posts + members of 7 days + system update cycle time.

Your son should gather documents, start writing out a detailed chronology of his actions, emails, conversations.

Good luck!
 
Your son is on solid footing (with two emails to the NROTC staff) but hire the lawyer. It is clear that he submitted his drop on request prior to 01 Sep (which is contract obligation date).

I'm not sure what drove the PRB (the reason should be stated in the convening order). A PRB is not required in the case of a DOR. More accurately, a PRB is required for any disenrollment action but the midshipman may waive the PRB if it is a DOR. The unit staff should have made your son aware of this. Regulations for Office Development (ROD) Para 6-9.4.a

Also from the ROD, Para 6-16.5: "If the student submits the request to drop prior to being issued a PRB Convening Order, the disenrollment will be processed as a drop on request. If a PRB is appointed for any reason other than a request to drop prior to when the request to drop is submitted, the PRB will be conducted for the reason provided in the PRB Convening Order, or a new PRB will be convened to address the original reason and the DOR. As with any PRB, midshipmen who request to drop may chose not to be present at the PRB (active duty members are required to attend their PRBs)".

Point is that if a PRB convening order was issued (for some other matter) prior to your son's DOR, the unit must still conduct the PRB. Then the DOR is addressed. Or a new convening order can be issued to address both the issue at hand and the DOR.

 
The convening order was issued 31 Aug 21. The reason given on the order was "failure to meet academic standards in spring of 2021." His GPA for that semester was 3.0. All A and B except for D+ in calculus II. The advisor gave the following as the reason for the PRB-- "Due to you being a national scholarship student, we will need to conduct a PRB. Send me a copy of your fall semester schedule so I can schedule one." Still looking for a lawyer. Just running out of time for the 5 day window.
 
^^^ All that above from (Lionel Richie is my favorite Commo-) @Go Dores! and (oh Captain, my) @Capt MJ - yep, yep. Great stuff. yes I know what team that chant refers to - just my attempt at fun.

@252swede, agree if he didn't participate this year and has his DOR request in writing prior to the semester start ("Make a copy - make TEN copies." - [Harrison Ford, Clear and Present Danger], then agree you're well covered here. But yes I would retain counsel and sign nothing until said counsel reviews it no matter who calls him in and says I just need you to sign this today and then we're all done, or whatever.

I'm personally aware of a midshipman who last year got a D, also in calculus (my DS' suitemate) and there was no PRB convened. Sounds like they are conflating his grades issue and his DOR into a PRB and that does not need to be the case - simply, directly - Yes, retain counsel, and @252swede, formally request more time so that you can retain counsel to represent your DS in these matters. Let them know in writing, today. Always with the unit from now on, everything in writing.

Good luck.
 
@252swede

So this just became clear cut. Son's DOR dated prior to convening order - disenrollment should be processed as a DOR (6-16.5). Perhaps the staff officers are new and not quite well versed on the ROD. When the PRB report heads to the PNS, hopefully this situation corrects itself. You're doing the right things in the meantime.
 
I googled ROTC disenrollment and these lawyers came up right away. I don't know them, but they list ROTC disenrollment as a practice area on their web site

 
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