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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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Last modified: May 25, 2011