John Edward Tucker - Page 4




                                        - 4 -                                         
               The Reserve Officers' Training Corps Vitalization Act of               
          1964, Pub. L. 88-647, sec. 101, 78 Stat. 1063 (codified as                  
          amended at 10 U.S.C. section 2031 (1994)) provided for the                  
          establishment of JROTC units at public and private schools.                 
          Retired commissioned or noncommissioned officers may serve as               
          instructors and administrators in JROTC units pursuant to 10                
          U.S.C. section 2031(d) which states:                                        
               (d) Instead of, or in addition to, detailing officers                  
               and noncommissioned officers on active duty * * * the                  
               Secretary of the military department concerned may                     
               authorize qualified institutions to employ, as                         
               administrators and instructors in the program, retired                 
               officers and noncommissioned officers * * * whose                      
               qualifications are approved by the Secretary and the                   
               institution concerned and who request such employment,                 
               subject to the following:                                              
                    (1) A retired member so employed is entitled to                   
               receive the member's retired or retainer pay without                   
               reduction by reason of any additional amount paid to                   
               the member by the institution concerned.  In the case                  
               of payment of any such additional amount by the                        
               institution concerned, the Secretary of the military                   
               department concerned shall pay to that institution the                 
               amount equal to one-half of the amount paid to the                     
               retired member by the institution for any period, up to                
               a maximum of one-half of the difference between the                    
               member's retired or retainer pay for that period and                   
               the active duty pay and the allowances which the member                
               would have received for that period if on active duty.                 
               Notwithstanding the limitation in the preceding                        
               sentence, the Secretary concerned may pay to the                       
               institution more than one-half of the additional amount                
               paid to the retired member by the institution if (as                   
               determined by the Secretary) the institution is in an                  
               educationally and economically deprived area and the                   
               Secretary determines that such action is in the                        
               national interest.  Payments by the Secretary concerned                
               under this paragraph shall be made from funds                          
               appropriated for that purpose.                                         
                    (2) Notwithstanding any other provision of law,                   
               such a retired member is not, while so employed,                       





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