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

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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.

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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.

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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. 

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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.

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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. 

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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.

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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.

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

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.