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Jessica
Consultant
AttorneySam, Expert
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AttorneySam, Expert
So you got an ROTC scholarship that paid for your school in exchange for a 5 year enlistment after graduation? And you dropped out of ROTC in sophomore year? I might need a bit more clarity from you on what the contract says in context. Normally it should deal with the requirements when you drop out.
AttorneySam, Expert
The terms of the contract should apply, then. So it sounds like an administration error with the military. Have you been in touch with the administrators of the program to ask them to correct it?
AttorneySam, Expert
If the language you quoted me from the contract is correct, then it seems pretty clear that you are not obligated to complete its terms if you dropped out after your first year. Usually the way this would work is that it would be the ROTC administration, the same organization that arranged your contract, that would be responsible for noting the change on your file. So they would likely be the best ones to contact.
AttorneySam, Expert
Document reviews are an extra fee here, but I can look at the 1 or 2 pages you're referring to if you'd like. If it's more than that, I'd have to charge the fee.
AttorneySam, Expert
OK, this is a bit confusing and the documents don't really complement each other very well. But it sounds like it may be that you would only have to serve your remaining enlistment period if you dropped out in your first year, but that you still might have to reimburse the program for your year of scholarship.
AttorneySam, Expert
Certainly it doesn't sound from this that you would be required to serve the 5 year commissioned officer period, since you wouldn't have become a commissioned officer.
AttorneySam, Expert
I only have the limited info in these contracts and what you've told me, but all of this reads to me as though you couldn't possibly still have to serve an additional 5 year contract. So yes, if you can't make headway with the administrative offices who set up your ROTC scholarship, then you should speak to a JAG.
AttorneySam, Expert
I think you may need to bring these contract terms to a JAG, then, and have them press for you. The contracts on their face appear to allow you to withdraw without a 5 year commitment.
AttorneySam, Expert
That's more of a question of whether you think it will cause blowback for you, but from a legal standpoint technically your commanders aren't allowed to retaliate against you for going to a JAG. Of course, we all know they sometimes don't follow that rule.
AttorneySam, Expert
Yes, the military can only bind you based on the terms of its contracts, and at the very least here the terms are unclear. So I think you would have a good case.