ROTC and Military Academy Disenrollment
Cadets and Midshipmen in the Reserve Officers’ Training Corps (ROTC) or any of the Military Academies may be disenrolled from their program for numerous reasons including but not limited to misconduct, poor academic performance, honor code violations, and medical issues.
The disenrollment procedure varies among the different military branches and departments involved, but in all instances the cadet is subject to an investigation. At the end of the investigation, the cadet will have the opportunity to dispute their disenrollment charges through limited hearing procedures.
The consequences for an involuntary ROTC or Academy disenrollment can be financially tolling as well as preclude a cadet from serving as a commissioned officer later in life. Former ROTC cadets may be required to reimburse the government for all financial scholarships they received. Academy cadets may be required to reimburse the government for tuition assistance and/or grants. The amount of money varies from cadet to cadet, but can range from $15,000 to well over $200,000.
In some instances, ROTC and Academy cadets may no longer wish to be enrolled in their program and petition for disenrollment. In these instances, cadets will be required to repay any scholarships/tuition grants or perform three years of active duty as enlisted rank in lieu of repayment. Actual requirements may vary based on the facts and circumstances of each case as well as the recommendations of a cadet’s commanding officer.
The attorneys at Tully Rinckey PLLC are well-versed in ROTC and Academy disenrollment law and have successfully handled many disenrollment cases. Our diverse team of experienced military law attorneys have represented military cadets and midshipmen across the United States, and are nationally recognized for their respective case victories. Our history of disenrollment representation includes:
- Represented more than 1,000 ROTC/Service Academy disenrollment cadets across more than 175 commissioning programs throughout nearly all 50 states.
- Saved the career of several USAF cadets involved in drunk and disorderly conduct and other accusations. Rebuttal materials were submitted and all obtained full redemption and were permitted to stay and commission. Successfully represented multiple West Point cadets in their fight against disenrollment for various accusations related to honor code violations, sexual harassment, drunkenness, academic insufficiency, and other allegations.
- Saved the career of a US Army cadet (prior enlisted) after being notified that he was being disenrolled for a positive MDMA result. Represented the cadet at the hearing and, through the use of a forensic toxicologist and additional witnesses, cleared the cadet of all charges.
- Saved the career of a midshipman at the Merchant Marine Academy after he was notified that he would not be permitted to graduate despite meeting all requirements. Represented the midshipman in Federal Court and filed for a preliminary injunction and additional proceedings that eventually resulted in the midshipman being allowed to graduate.
- Recently assisted a female Navy midshipman at the Naval Academy obtain a commission after she was accused of being medically unqualified for various reasons. She is now a commissioned Ensign and recently joined the fleet.
- In one of more than a dozen recent Zoom ROTC Disenrollment Boards, we represented a US Army cadet at the University of Wisconsin accused of sexual assault. We were able to clear the cadet of all charges and ensure that he was able to commission.
- Recently drafted and submitted several appeals to the various boards for correction of military records, and have actively litigated in multiple Federal District Courts in multiple states.
Our team of military attorneys travel to ROTC boards across the country representing cadets in various disenrollment proceedings, saving the careers of those alleged with drug abuse, sexual harassment, honor code violations, alleged academic failure, and other charges.
Whether in front of a disenrollment board or in Federal Court, we are positioned to handle cases across the country, and have represented cadets and midshipmen in each Military Academy. We have taken the fight to Federal Courts across Texas, New York, Maryland, California, and Colorado and have frequently negotiated directly with US Army Cadet Command at Fort Knox, USAF Cadet Command at Maxwell AFB, and Naval Service Training Command now based in Pensacola, FL.
In all disenrollment actions, it is important to have an aggressive and knowledgeable attorney at your side to ensure the government properly handles your proceedings. Call Tully Rinckey PLLC at (518) 941-8878 to discuss your options today.