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AF | BCMR | CY2002 | 0200728
Original file (0200728.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-00728
            INDEX CODE:  128.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive the balance of his cadet pay from the time he  was  removed
from training 24 March 1997 until his  commissioning  date  of  8  May
1998.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate office of the Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFOATS/JA states that cadets are not entitled to  pay  for  performing
cadet  duties.   Cadets  are  only  entitled  to  cadet  pay  when  in
accordance with federal law (37 USC 209).  Specifically,  ROTC  cadets
are only entitled to cadet pay while appointed under 10 USC  2104,  10
USC 2107, or while attending  field  training.   From  24  March  1997
through 28 April 1998, the applicant was not appointed under  10  USC,
2104 or 10 USC 2107.  He cannot be entitled to cadet pay under  either
of these provisions.  They note  that  many  trainees  in  the  AFROTC
program participate in training (in  the  applicant’s  words,  perform
cadet duties) without being under contract pursuant to 10 USC 2104  or
2107.  AFROTC refers to these cadets as “cadets in  pursuing  status”.
Pursuing cadets are trainees who, for whatever reason, are either  not
currently qualified  or  not  currently  contracted  with  the  AFROTC
program.  Cadets who participate in AFROTC in pursuing status normally
do so in hopes of becoming eligible (or re-eligible) to contract  with
AFROTC and formally pursue a commission.   Pursuing  status  allows  a
trainee to receive required training and take necessary courses at the
same time the trainee pursues AFROTC eligibility.

The applicant contracted with AFROTC (was appointed under 10 USC 2104)
on 28 April 1998.  He was commissioned on 8 May 1998.  He was entitled
to cadet stipend for those 11 days.  If the applicant did not  receive
stipend for those 11 days, no change to his records  is  necessary  to
correct the error.  He  must  simply  coordinate  with  his  servicing
finance office and provide proof of his entitlement and evidence  that
the entitlement was not paid.

In reference to the applicant stating  that  he  attended  a  six-week
orientation period at Pope AFB, it is  noted  that  AFROTC  has  never
conducted  summer  Field  Training  at  Pope  AFB.   Therefore,   this
orientation period would not have  entitled  the  applicant  to  Field
Training pay in accordance with  37  USC  209  during  that  time.   A
complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 May 2002, a complete  copy  of  the  Air  Force  evaluation  was
forwarded to the applicant for review and response within 30 days.  As
of this date, no response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

 2. The application was timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Staff
and adopt their rationale as the basis for  our  conclusion  that  the
applicant has not been the victim  of  an  error  or  injustice.   The
applicant has presented no compelling evidence that  he  was  on  duty
that entitled him to pay during the period in question.  Therefore, we
find no compelling basis to recommend granting the  relief  sought  in
this application.

_________________________________________________________________



THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered this application  on  26
June 2002, under the provisions of AFI 36-2603:

                 Mr. Philip Sheuerman, Panel Chair
                 Mrs. Carolyn J. Watkins, Member
                 Mr. Jay H. Jordan, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 25 Sep 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFOATS/JA, dated 7 May 02.
   Exhibit D.  Letter, AFBCMR, dated 17 May 02.
   Exhibit E.  Applicant’s Letter, dated 28 May 02, w/atchs.




                                   PHILIP SHEUERMAN
                                   Panel Chair

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