Dahan

AMENDED ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANT SUA SPONTE.

I. INTRODUCTION/FACTUAL & PROCEDURAL BACKGROUND

This case arises out of a dispute over whether a student attending Duke University on an NROTC scholarship who was denied a commission after graduating is required to reimburse the United States for the scholarship under the terms of his “NROTC Scholarship Service Agreement.” Defendant was notified that he owed the United States reimbursement and failed to pay, alleging that the terms of the contract did not require him to reimburse the government, since he completed his educational requirements and did not decline to accept a commission.

A. Factual Background

Defendant Daniel Jacob Dahan (“Da-han”) attended Duke University from 1992-1996 under a Navy Reserve Officers’ Training Corps (“NROTC”) scholarship. The scholarship was awarded pursuant to the NROTC Scholarship Service Agreement, which provides that under certain circumstances, a recipient may be required to reimburse the United States for the scholarship funds.

Specifically, the terms of the contract read: “If I fail to complete the active duty…