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If you let me write the procedure, and I let you write the substance, I 'll screw you every time.1
I. Introduction
While the substantive issues involved in administrative actions are important, it is the responsibility of judge advocates to ensure government compliance with the procedural rules. This may be familiar to anyone who has advised a commander on an enlisted administrative separation.2 Cadet disenrollment actions are no different; however, the United States Military Academy (USMA) and the Army Reserve Officers' Training Corps (ROTC) disenrollment processes have their own unique procedures that many judge advocates may not be familiar with.
Consider the following examples. In 201l, the Secretary of the Army approved Cadet Alan Spadone's disenrollment from USMA for plagiarism. 3 This ended a long administrative process involving a convened honor board, suspended disenrollment, remedial training, vacation of suspension, and finally disenrollment from the Acadamy with an order to active duty.4 While this order ended the administrative process, Spadone filed a complaint in federal district court "challenging the Secretary's actions as arbitrary, capricious and in violation of due process," beginning the judicial review.5 In 2014, the court granted a government motion to dismiss on the last surviving issue in the case, which finally concluded Spadone's disenrollment process. 6
The ROTC disenrollment process can be equally complicated. In 1992, the Army initiated disenrollment against ROTC Cadet Jason Bush based on breach of contract due to misconduct following his conviction for criminal mischief. 7 Bush appeared before a board, and the board recommended disenrollment. 8 In 1993, the Commanding General (CG), U.S. Army ROTC Command, disenrolled Bush from his scholarship status, but retained him in his reserve status until he repaid his debt.9 After Bush failed to make payments, the Army referred the debt to the Department of Justice for collection in 1998. 10 The government filed a motion in federal district court for summary judgment to recover the debt.11 In 2002, the court granted the government's motion and dismissed Bush's counterclaims.12
These examples illustrate the complexities of cadet disenrollments. Failure to appreciate the specifics of the processes can limit an attorney's ability to fully support the command or effectively represent a cadet. The following sections will help practitioners understand and apply the legal and procedural frameworks...