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that time, petitioner has remained continuously employed by HISD
in the JROTC program. At the time of trial, petitioner was
deputy director of the JROTC program for 25 high schools within
the HISD system.
Petitioner’s employment by HISD as a JROTC instructor (and
subsequently as a JROTC administrator) did not affect either
petitioner’s right to receive retired pay from the Army nor the
amount of such pay.
The JROTC Program
The JROTC program is authorized by 10 U.S.C. sec. 2031
(1994). Its purpose is “to instill in students in United States
secondary educational institutions the values of citizenship,
service to the United States, and personal responsibility and a
sense of accomplishment.” 10 U.S.C. sec. 2031(a)(2). Retired
officers may serve as instructors and administrators, consistent
with the following provisions of 10 U.S.C. sec. 2031(d):
(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 * * * 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
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