Question: I am a Ph.D. Science, Mathematics, and Research for Transformation (SMART) scholar in phase 1 and I am having serious second thoughts about my research group, my sponsoring facility and my scholarship. Do I have any options for avoiding massive government debt from my SMART scholarship? Or am I stuck sucking it up and finishing my service with the Defense Department?

The SMART scholarship provides an invaluable opportunity for many, but it does so at a cost, one that not all awardees can appreciate until years into their commitment. You are far from alone in your dilemma, balancing the costs of developing a resume irrelevant to your future career goals against a mortgage-worth of educational debt. Nor are you entirely without options. If a Service Agreement Amendment Request (SAAR) is not a workable option, SMART scholars do have the right to contest or request a waiver of their debt.

The Department of Defense is one of the largest employers of scientists and engineers in the country, and they must compete with the private sector to attract talent. Hence the SMART Scholarship for Service Program. Awardees (aka SMART scholars) receive a full scholarship in exchange for service after graduation. For every year of education funded — often including a stipend and benefits — the scholar commits to a year of employment with the DOD. SMART scholars do not choose their own positions. They are assigned to a sponsoring facility where they both complete their summer internship and work after graduation.

This is where many, but not all problems arise. For SMART scholars who enroll as undergrads, regrets can follow the realization that they’ve signed on for a multiyear commitment before figuring out what they really want their career and life to look like. Summer internships may come with unmanageable obligations to pack up and move once a year if their SF assignment requires it.

Ph.D.s run into these and additional hurdles. Even the best-laid plans may bump up against the realities of PhD programs. Degree completion often takes years longer than anticipated. Research priorities change. Advising faculty may retire, take sabbaticals, or leave the department entirely. SMART scholars who do complete phase 1 and graduate according to plan may find themselves in a job that has little or nothing to do with their degree or intended career path. The SMART program is not always receptive to these issues, as you’ve doubtlessly realized. This can lead to hard choices: either complete the service agreement, be involuntarily separated, or withdraw from the program and trigger monetary recoupment of scholarship funds….

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The law firm of Tully Rinckey represents service members across all branches of the armed forces. To discuss a potential case, please call 8885294543 to schedule a consultation, or schedule a consultation online.

Heather Tenney, Esq., LL.M. is a Partner in Tully Rinckey PLLC’s military law, federal employment, and national security law practice groups. She currently serves as the primary attorney for consultation in these areas. Heather brought her skills as an advocate and negotiator to Tully Rinckey after honorably serving with the US Army’s JAG Corps, and the results speak for themselves. At the firm, she focuses on military law; federal employment, EEO and discrimination litigation; disciplinary investigation and MSPB litigation, disability retirement, and national security clearance representation. Heather’s representation in national security and security clearance cases range from high-level military officers to covert operation officers of the CIA, NRO, FBI, DIA and a range of other intelligence agencies. Heather currently serves as Treasurer for the National Security Lawyers Association (NSLA).

This article is for informational purposes only. Its content is not intended to constitute endorsement or legal advice, nor does it establish a client-lawyer relationship with Tully Rinckey PLLC or any of its affiliates.