(a) Recoupment of the National Guard Tuition Waiver is required from soldiers and airmen for the following reasons:
- (1) Fraud or misrepresentation of the application;
- (2) Failure on the part of the soldier or airman to complete the semester or other nontraditional subdivided period of study for postsecondary credential or certification programs for which the benefit was awarded;
- (3) Failure to maintain eligibility status with the Arkansas National Guard for the entire semester or other nontraditional subdivided period of study for postsecondary credential or certification programs in which the National Guard Tuition Waiver was awarded; or
- (4) Identification of courses dropped after the add or drop date in excess of the six (6) credit hours allowance in 6 CAR § 530-304(d) unless the soldier or airman did not receive the National Guard Tuition Waiver benefit for the dropped courses.
- (b) Recoupment may be collected by the respective institution in which the soldier or airman is enrolled or by the Division of Higher Education if funds were already paid on the soldier’s or airman’s behalf.
(c)
- (1) The Adjutant General may initiate recoupment of all funds paid on a soldier’s or airman’s behalf using the National Guard Tuition Waiver when the soldier or airman engages in misconduct or fails to remain a satisfactory participant in active drilling status with the Arkansas National Guard (as defined in Chapter 11 and Chapter 12 of Army Regulation 135-178 and Air Force Instruction 36-3208 and 3209 that governs misconduct).
- (2) Any funds recouped will be returned to the State of Arkansas.