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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