B-180338, NOV 26, 1974

B-180338: Nov 26, 1974

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SINCE IT IS UNCLEAR WHETHER "OTHER EDUCATIONAL EXPENSES REQUIRED OF ALL STUDENTS" IS EXPRESSED IN PARAGRAPH 3-53(B)(6) OF AR 145-1 IMPLEMENTING 10 U.S.C. 2107. PAYMENT OF AIRPLANE USAGE FEES - ROBERT COLETTA: THIS ACTION IS IN RESPONSE TO A LETTER DATED DECEMBER 19. WHO IS ATTENDING KENT STATE UNIVERSITY ON A 4-YEAR ROTC SCHOLARSHIP AND WHO IS APPARENTLY ENROLLED IN THE AEROSPACE TECHNOLOGY PROGRAM. COLETTA IS PURSUING HIS EDUCATION IN THE LATTER SEQUENCE. THE RECORD INDICATES THAT STUDENTS TAKING THE "PROFESSIONAL PILOT SEQUENCE" ARE REQUIRED TO TAKE THE FOLLOWING COURSES AND TO PAY THE FEES INDICATED: A. AT 472 MULTI-ENGINE RATING 600.00 THE FEES INDICATED ARE CHARGED FOR USE OF AIRCRAFT DURING A TOTAL OF OVER 170 HOURS OF FLIGHT INSTRUCTION AND ARE IN ADDITION TO THE REGULAR STANDARD TUITION COST OF $668. 10 U.S.C. 2107(C) PROVIDES IN PERTINENT PART AS FOLLOWS: "(C) THE SECRETARY OF THE MILITARY DEPARTMENT CONCERNED MAY PROVIDE FOR THE PAYMENT OF ALL EXPENSES IN HIS DEPARTMENT OF ADMINISTERING THE FINANCIAL ASSISTANCE PROGRAM UNDER THIS SECTION.

B-180338, NOV 26, 1974

AIRCRAFT USAGE FEES REQUIRED OF ALL STUDENTS ENROLLED IN "PROFESSIONAL PILOT SEQUENCE" MAY BE PAID, IF OTHERWISE PROPER, SINCE IT IS UNCLEAR WHETHER "OTHER EDUCATIONAL EXPENSES REQUIRED OF ALL STUDENTS" IS EXPRESSED IN PARAGRAPH 3-53(B)(6) OF AR 145-1 IMPLEMENTING 10 U.S.C. 2107, WHICH PROVIDES FOR FINANCIAL ASSISTANCE OF ROTC SCHOLARSHIP CADETS, INCLUDES EDUCATIONAL EXPENSES REQUIRED OF ALL STUDENTS ENROLLED IN UNIVERSITY OR EDUCATIONAL EXPENSES REQUIRED OF STUDENTS ENROLLED IN PARTICULAR COURSE OF INSTRUCTION. SECRETARY OF ARMY MAY WISH TO CONSIDER REVISING REGULATION IN ORDER TO EXPRESS SPECIFIC INTENT.

PAYMENT OF AIRPLANE USAGE FEES - ROBERT COLETTA:

THIS ACTION IS IN RESPONSE TO A LETTER DATED DECEMBER 19, 1973, FROM THE ASSISTANT SECRETARY OF THE ARMY (MANPOWER AND RESERVE AFFAIRS) WHICH REQUESTS AN ADVANCE DECISION AS TO WHETHER UNDER THE PROVISIONS OF 10 U.S.C. 2107 AND 2110, AS IMPLEMENTED BY ARMY REGULATION 145-1, AN ROTC SCHOLARSHIP CADET CAN BE PAID AIRCRAFT USAGE FEES INCURRED INCIDENT TO ENROLLMENT IN COURSES REQUIRED FOR HIS MAJOR FIELD IF STUDY.

SPECIFICALLY, THE QUESTION RELATES TO THE SITUATION IF MR. ROBERT COLETTA, WHO IS ATTENDING KENT STATE UNIVERSITY ON A 4-YEAR ROTC SCHOLARSHIP AND WHO IS APPARENTLY ENROLLED IN THE AEROSPACE TECHNOLOGY PROGRAM. THIS PROGRAM CONSISTS OF TWO SEQUENCES, THE "FLIGHT OPERATIONS SEQUENCE" AND THE "PROFESSIONAL PILOT SEQUENCE" AND MR. COLETTA IS PURSUING HIS EDUCATION IN THE LATTER SEQUENCE.

THE RECORD INDICATES THAT STUDENTS TAKING THE "PROFESSIONAL PILOT SEQUENCE" ARE REQUIRED TO TAKE THE FOLLOWING COURSES AND TO PAY THE FEES INDICATED:

A. AT 370 ADVANCED FLIGHT I $600.00

B. AT 371 ADVANCED FLIGHT II 600.00

C. AT 372 ADVANCED FLIGHT III 600.00

D. AT 411 ADVANCED GROUND NO EXTRA COST

SCHOOL INSTRUCTION

E. AT 470 INSTRUMENT RATING 600.00

F. AT 471 FLIGHT INSTRUCTOR 300.00

G. AT 472 MULTI-ENGINE RATING 600.00

THE FEES INDICATED ARE CHARGED FOR USE OF AIRCRAFT DURING A TOTAL OF OVER 170 HOURS OF FLIGHT INSTRUCTION AND ARE IN ADDITION TO THE REGULAR STANDARD TUITION COST OF $668.

10 U.S.C. 2107(C) PROVIDES IN PERTINENT PART AS FOLLOWS:

"(C) THE SECRETARY OF THE MILITARY DEPARTMENT CONCERNED MAY PROVIDE FOR THE PAYMENT OF ALL EXPENSES IN HIS DEPARTMENT OF ADMINISTERING THE FINANCIAL ASSISTANCE PROGRAM UNDER THIS SECTION, INCLUDING TUITION, FEES, BOOKS, AND LABORATORY EXPENSES."

PARAGRAPH 3-53 OF ARMY REGULATION 145-1 WHICH IMPLEMENTS SECTION 2107, PROVIDES THAT SCHOLARSHIP CADETS WILL BE FURNISHED THE FOLLOWING FINANCIAL ASSISTANCE:

"A. TUITION. TUITION FEES, INCLUDING REGISTRATION AND MATRICULATION FEES, IF APPLICABLE, WILL BE PAID FOR THE NUMBER OF ACADEMIC YEARS PRESCRIBED IN THE SCHOLARSHIP AWARD. ***

"B. RELATED ACADEMIC EXPENSE. RELATED ACADEMIC EXPENSES, INCLUDING THE FOLLOWING, WILL BE PAID:

"(6) CLASSROOM MATERIALS AND OTHER EDUCATIONAL EXPENSES REQUIRED OF ALL STUDENTS."

WHETHER "ALL STUDENTS" AS USED IN PARAGRAPH 3-53(B)(6) OF ARMY REGULATION 145-1 REFERS TO EDUCATIONAL EXPENSES REQUIRED OF ALL STUDENTS ENROLLED IN THE UNIVERSITY OR TO EDUCATIONAL EXPENSES REQUIRED OF ALL STUDENTS ENROLLED IN A PARTICULAR COURSE OF INSTRUCTION IS FOR FUNDAMENTAL CONSIDERATION IN THIS MATTER. IF THE FORMER INTERPRETATION IS APPLIED, THEN THE PAYMENT OF AIRCRAFT USAGE FEES WOULD NOT BE AUTHORIZED. HOWEVER, IF THE LATTER INTERPRETATION IS APPLIED, THEN SUCH PAYMENTS WOULD BE AUTHORIZED.

WE NOTE THAT THERE IS NOTHING IN THE REGULATION OR ITS HISTORY TO INDICATE WHICH INTERPRETATION WAS INTENDED, AND THE AGENCY WHICH PROMULGATED THE REGULATION IS ITSELF UNCERTAIN AS TO WHETHER SUCH PAYMENTS WOULD BE AUTHORIZED THEREUNDER.

IN SUCH CIRCUMSTANCES AND SINCE THE LANGUAGE OF THE STATUTE ITSELF DOES NOT PROHIBIT SUCH PAYMENT, IT WOULD NOT BE UNTENABLE TO CONCLUDE THAT PAYMENT OF THE AIRCRAFT USAGE FEES REQUIRED OF STUDENTS ENROLLED IN THE "PROFESSIONAL PILOT SEQUENCE" WOULD BE AUTHORIZED. THEREFORE, IT IS OUR VIEW THAT PAYMENT OF SUCH FEES MAY BE MADE UNDER THE REGULATION, IF OTHERWISE PROPER.

WITH REGARD TO THE ABOVE, THE SECRETARY OF THE ARMY MAY WISH TO CONSIDER REVISING PARAGRAPH 3-53(B)(6) OF ARMY REGULATION 145-1 IN ORDER TO CLARIFY THE SCOPE OF ITS APPLICATION, I.E., TO ALL STUDENTS ENROLLED IN THE UNIVERSITY OR TO ALL STUDENTS ENROLLED IN A PARTICULAR COURSE OF INSTRUCTION, OR TO PROVIDE A MAXIMUM LIMITATION IN THE FINANCIAL ASSISTANCE WHICH WOULD BE PERMITTED UNDER THE STATUTE.

IN VIEW OF THE FOREGOING IT IS UNNECESSARY TO DECIDE WHETHER SUCH PAYMENTS WOULD BE AUTHORIZED UNDER THE PROVISIONS OF 10 U.S.C. 2110 WHICH AUTHORIZE PAYMENTS FOR LOGISTICAL SUPPORT TO EDUCATIONAL INSTITUTIONS INVOLVED.