ROTC Disenrollment Boards

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If a college student on the track team does not perform well on the team, she loses her scholarship. The university does not come after her to reimburse them for her scholarship, and the university does not force the student to work for low wages in the cafeteria.  ROTC scholarship cadets are not as fortunate when things don’t work out. All ROTC scholarship contracts have “fine print.” In the fine print, the service has the right to convene a board and “disenroll” the cadet (or midshipman) for a variety of reasons. For example, the cadet may be disenrolled for failing grades or for failing to attend ROTC classes. Also, the cadet may face disenrollment for violating university honor or ethics codes, for cheating, misconduct or for sexual assault against a fellow student.

ROTC disenrollment hearings are not to be taken lightly. In most cases, the cadet must “represent himself” meaning the attorney you hire has “no voice” in the hearing. And the consequences can be severe. Disenrollment can mean compulsory service as an enlisted service member for three or four years on active duty. It can also mean that the cadet must repay the U.S. government every dollar of ROTC scholarship received.

Even though cadets often must represent themselves, hiring an attorney is still wise. The attorney can prepare the cadet for the hearing, helping the cadet to gather the appropriate evidence and draft the most convincing arguments. The attorney can also appear at the hearing with the cadet and help him adjust to the circumstances at the hearing as they occur.

In one notable case, a cadet faced disenrollment for being overweight. We prepared the cadet – foremost by delaying the hearing long enough for the cadet to meet weight requirements. We brought a scale to the hearing and requested that he be weighed on the spot. When the ROTC detachment commander explained why he sought to have the cadet disenrolled, we had prepared the cadet to “cross examine” the commander about his failure to properly follow U.S. Army weight procedures through proper notice, counseling and rehabilitative training. The cadet spent hours preparing with us, and as a result the cadet broke down the ROTC department’s failure to give him a fair shake. The cadet had over $100,000 of scholarship repayment at risk. A few months after the hearing, that cadet was commissioned as a U.S. Army officer. ‘

Shewmaker and Shewmaker is a veteran owned and veteran operated law firm. We have been in your shoes, so we know how you feel. We also have been in the shoes that your commanders wear. So we know how they think. We know what arguments to use, and we know how to make them convincingly. If you or your child faces an ROTC disenrollment hearing, give us a call right away.