B-154943, OCTOBER 15, 1964, 44 COMP. GEN. 216

B-154943: Oct 15, 1964

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ELIGIBILITY WHILE A RESERVE UNIT MEMBER AN ENLISTED MEMBER OF A UNITED STATES MARINE CORPS RESERVE UNIT WHO IS ENROLLED AT A COLLEGE IN AN ADVANCED ARMY RESERVE OFFICERS' TRAINING CORPS COURSE. ONE WHO ALTHOUGH INELIGIBLE FOR ENROLLMENT NEVERTHELESS IS PERMITTED. 1964: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 11. THE REQUEST WAS ASSIGNED CONTROL NO. WAS PAID ROTC SUBSISTENCE FROM THAT DATE TO SEPTEMBER 30. PAYMENTS WERE DISCONTINUED BECAUSE IT WAS LEARNED THAT CADET WHITE WAS A MEMBER OF A U.S. WAS NOT ELIGIBLE TO BE ENROLLED IN AN ADVANCED ARMY ROTC COURSE UNLESS FORMALLY SEPARATED FROM SUCH RESERVE STATUS. IT IS REPORTED THAT ACTION WAS TAKEN TO CONVERT CADET WHITE'S ENROLLMENT TO ENROLLMENT UNDER THE PROVISIONS OF PARAGRAPH 18.

B-154943, OCTOBER 15, 1964, 44 COMP. GEN. 216

MILITARY PERSONNEL - RESERVE OFFICERS' TRAINING CORPS - ALLOWANCE, ETC., ELIGIBILITY WHILE A RESERVE UNIT MEMBER AN ENLISTED MEMBER OF A UNITED STATES MARINE CORPS RESERVE UNIT WHO IS ENROLLED AT A COLLEGE IN AN ADVANCED ARMY RESERVE OFFICERS' TRAINING CORPS COURSE, NOTWITHSTANDING INELIGIBILITY PURSUANT TO PARAGRAPH 19G, AR 145- 350, PROHIBITING ENROLLMENT UNLESS FORMALLY SEPARATED FROM A RESERVE STATUS, HAS THE STATUS OF A PARAGRAPH 18 STUDENT, ONE WHO ALTHOUGH INELIGIBLE FOR ENROLLMENT NEVERTHELESS IS PERMITTED, WHEN DESIRED BY INSTITUTIONAL AUTHORITIES, TO PURSUE THE ROTC COURSE WITHOUT CREATING ENTITLEMENT TO UNIFORM OR SUBSISTENCE ALLOWANCES, OR TO BE FURNISHED A GOVERNMENT UNIFORM; HOWEVER, THE MEMBER'S ENROLLMENT IN THE ADVANCED ARMY ROTC COURSE UPON HIS DISCHARGE FROM THE RESERVE UNIT REVERTS FROM A PARAGRAPH 18 STATUS TO FULL ENROLLMENT ENTITLING HIM TO RECEIVE A UNIFORM ALLOWANCE AND COMMUTATION OF RATIONS.

TO CAPTAIN G. L. BARBER, DEPARTMENT OF THE ARMY, OCTOBER 15, 1964:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 11, 1964, RECEIVED IN THIS OFFICE AUGUST 12, 1964, REQUESTING AN ADVANCE DECISION AS TO THE PROPRIETY OF PAYMENT OF ROTC SUBSISTENCE ALLOWANCE TO CADET HENRY M. WHITE FOR THE PERIOD OCTOBER 1, 1963 TO MARCH 31, 1964, UNDER THE CIRCUMSTANCES DESCRIBED. THE REQUEST WAS ASSIGNED CONTROL NO. DO-A-793 BY THE MILITARY PAY AND ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE.

YOU STATE THAT ON SEPTEMBER 20, 1963, CADET WHITE ENROLLED AT EASTERN KENTUCKY STATE COLLEGE, RICHMOND, KENTUCKY, IN AN ADVANCED ARMY ROTC COURSE, MILITARY SCIENCE III, AND WAS PAID ROTC SUBSISTENCE FROM THAT DATE TO SEPTEMBER 30, 1963, ON VOUCHER NO. 101706 IN YOUR ACCOUNTS. PAYMENTS WERE DISCONTINUED BECAUSE IT WAS LEARNED THAT CADET WHITE WAS A MEMBER OF A U.S. MARINE CORPS RESERVE UNIT AND UNDER PARAGRAPH 19G, AR 145-350, WAS NOT ELIGIBLE TO BE ENROLLED IN AN ADVANCED ARMY ROTC COURSE UNLESS FORMALLY SEPARATED FROM SUCH RESERVE STATUS. IT IS REPORTED THAT ACTION WAS TAKEN TO CONVERT CADET WHITE'S ENROLLMENT TO ENROLLMENT UNDER THE PROVISIONS OF PARAGRAPH 18, AR 145 350 AND TO WITHHOLD PAYMENT OF SUBSISTENCE PENDING HIS RELEASE FROM THE U.S. MARINE CORPS RESERVE. IT IS FURTHER REPORTED THAT HE WAS DISCHARGED FROM HIS RESERVE STATUS ON MARCH 20, 1964, AT WHICH TIME HIS ENROLLMENT REVERTED FROM PARAGRAPH 18 STATUS TO FULL ENROLLMENT. APPARENTLY ROTC SUBSISTENCE PAYMENTS WERE RESUMED EFFECTIVE APRIL 1, 1964.

TITLE 10, U.S.C. SECTION 4387 PROVIDES THAT A MEMBER OF THE SENIOR DIVISION OF THE RESERVE OFFICERS' TRAINING CORPS IS ELIGIBLE FOR ADVANCE TRAINING AND IS ENTITLED TO AN ALLOWANCE FOR SUBSISTENCE AT SUCH RATE AS MAY BE FIXED BY THE SECRETARY OF THE ARMY, NOT TO EXCEED THE COST OF THE ARMY GARRISON RATION, IF HE QUALIFIES UNDER ONE OF THE PROVISIONS OF THE SECTION AND IS SELECTED FOR SUCH TRAINING. PARAGRAPH 27, AR 145-350, PROVIDES THAT ROTC STUDENTS ARE ENTITLED TO A MONETARY ALLOWANCE FOR SUBSISTENCE UPON ENROLLMENT IN AN ADVANCED COURSE. PARAGRAPH 19G OF THE SAME REGULATION PROVIDES THAT WARRANT OFFICERS AND ENLISTED MEMBERS OF A RESERVE COMPONENT OF THE NAVY, AIR FORCE, MARINE CORPS, COAST GUARD, OR NAVAL MILITIA WILL NOT BE ENROLLED IN THE ADVANCED COURSE UNLESS FORMALLY SEPARATED FROM SUCH STATUS. PROVISION FOR THE OF CERTAIN STUDENTS INELIGIBLE FOR ENROLLMENT IS MADE IN PARAGRAPH 18 WHICH PROVIDES THAT WHEN DESIRED BY INSTITUTIONAL AUTHORITIES, MALE STUDENTS WHO ARE INELIGIBLE FOR ENROLLMENT MAY BE PERMITTED TO PURSUE THE COURSE SUBJECT TO CERTAIN CONDITIONS. THOSE CONDITIONS INCLUDE (1) THAT THE STUDENT WILL NOT BE ELIGIBLE TO RECEIVE A UNIFORM ALLOWANCE OR TO BE FURNISHED A GOVERNMENT ISSUED UNIFORM WHILE TRAINING AT THE INSTITUTION AND (2) "WILL NOT BE ELIGIBLE FOR COMMUTATION OF SUBSISTENCE.'

SINCE CADET WHITE HAD A RESERVE STATUS IN THE MARINE CORPS, APPARENTLY AS AN ENLISTED MAN, HE WAS NOT ELIGIBLE FOR ENROLLMENT IN THE ADVANCE COURSE AND IN THE CIRCUMSTANCES DESCRIBED, IS TO BE VIEWED AS HAVING THE STATUS OF A PARAGRAPH 18 STUDENT FROM SEPTEMBER 30, 1963, TO MARCH 19, 1964. THAT STATUS HE HAS NOT ENTITLED TO BE PAID A SUBSISTENCE ALLOWANCE WHILE PURSUING THE COURSE OF TRAINING. IN THIS REGARD PARAGRAPH 18D OF THE REGULATION PROVIDES THAT IF THE OBSTRUCTION WHICH PREVENTED ENROLLMENT IS REMOVED, THE STUDENT, IF OTHERWISE QUALIFIED, MAY BE ENROLLED IN THE ROTC AND WHEN SO ENROLLED, THE STUDENT BECOMES ELIGIBLE TO RECEIVE A UNIFORM ALLOWANCE AND COMMUTATION OF RATIONS. ACCORDINGLY, PAYMENT IS AUTHORIZED ONLY FOR THE PERIOD FROM MARCH 20 TO 31, 1964, IF OTHERWISE PROPER. THE VOUCHER SUBMITTED WITH YOUR LETTER IS RETURNED HEREWITH FOR PAYMENT ON THE BASIS STATED.