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Q: "Legal precedence for scholarship buyback" ( Answered,   0 Comments )
Subject: "Legal precedence for scholarship buyback"
Category: Relationships and Society > Law
Asked by: cazmick-ga
List Price: $50.00
Posted: 22 Feb 2004 14:11 PST
Expires: 23 Mar 2004 14:11 PST
Question ID: 309590
Is there a way of searching for legal precedence to buy back an ROTC
scholarship? I would like to know the possibility of buying back a 2
1/2 year scholarship which incurred a 4 year committment to the active
duty military.
Subject: Re: "Legal precedence for scholarship buyback"
Answered By: majortom-ga on 22 Feb 2004 15:06 PST
Hello cazmick,

I have found a procedure for leaving the ROTC through conscientious
objection from the US Army Cadet Command Headquarters Helpdesk:

In a nutshell, this procedure dictates that before you request to pay
back your scholarship you must first acquire conscientious objector
status.  If your status is approved, the army will make arrangements
for recoupment of the funds.

For information on conscientious objection, try the GI Rights Hotline:

I recommend you give them a call and ask to speak with a military
counselor before you initiate any action.  You should seek legal help
with this as following the wrong procedure could easily lead you down
the wrong path.

I hope this answer is satisfactory.  Please request clarification if
you need anything else.

Kind Regards,


Clarification of Answer by majortom-ga on 22 Feb 2004 15:13 PST
Apologies, I have located more reasons for disrenrollment at the helpdesk site:

Most of them require some misdeed (or perceived misdeed) on your part,
but "personal hardship" is listed as well as medical reasons.

Again, it appears as though there is established procedure for this
but I strongly recommend you seek legal counsel.

I hope this helps,

Request for Answer Clarification by cazmick-ga on 22 Feb 2004 17:08 PST
My question was more regarding any history of legal proceedings to buy
back ROTC scholarships. This regards my daughter who has been
commissioned and is on an educational delay. She is aware of CO status
as well as other reasons for disqualification but would prefer not to
go that route, although she would consider alternate service. I
realize that legal help will be required but was questioning if there
is a way of searching legal recordings related to this topic?

Clarification of Answer by majortom-ga on 22 Feb 2004 20:50 PST
I will make some inquiries tomorrow and see what I can turn up.  Are
you more interested in reading cases or in understanding the process?

Request for Answer Clarification by cazmick-ga on 23 Feb 2004 03:33 PST
I'm more interested in the feasibility of doing it and understanding
the process prior to seeking legal counsel which I know will be
required. Thanks

Clarification of Answer by majortom-ga on 23 Feb 2004 09:01 PST
Hello Again,

I have been unable to turn up any more information about your specific
problem online.

I made some phone calls this morning:

First I called the GI Rights Hotline, at 1-800-394-9544
They did not have clinic hours today, but their live clinic hours
(Pacific Time) for this week are as follows:
Tues 11-1 and 5-7 
Wed 10-4 and 6:30-7
Thurs 12-2 and 4:30-6:30
Fri 9:20-11:30 and 2-4

You can also leave them a message and they will call you back in 24 -48 hours.

I then spoke with Kathy Gilbert, Co-Chair of the Military Law Task
Force of the National Lawyers Guild (619-233-1701)
She provided me with the number for CCCO - The organization that runs
the GI Rights Hotline - 510-465-1617.  Numerous phone calls resulted
only in voice mail, but you may have better luck.

Kathy Gilbert recommended that you contact her directly and request
the number of someone in your area.

Here are a few more websites for your perusal:

The Central Committee for Conscientious Objectors

The Military Law Task Force of the National Lawyers Guild

The US Army Cadet Command Headquarters Helpdesk

Because your daughter's situation involves very specific circumstances
(educational delay, etc) I believe direct contact with one of these
agencies will be your best option.  My recommendation is to start with
the GI Rights Hotline clinic tomorrow.

Best of Luck,

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