DoD Instruction 1205.13.pdf

2BDoD 7000.14-R Financial Management Regulation Volume 10, Chapter 21

* July 2011

21-1

VOLUME 10, CHAPTER 21: “JUNIOR RESERVE OFFICER TRAINING CORPS

(JROTC) INSTRUCTOR PAY”

SUMMARY OF MAJOR CHANGES

All changes are denoted by blue font.

Substantive revisions are denoted by an * symbol preceding the section, paragraph, table, or figure that includes the revision.

Unless otherwise noted, chapters referenced are contained in this volume.

Hyperlinks are denoted by bold, italic, blue and underlined font.

The previous version dated February 2009 is archived.

PARA EXPLANATION OF CHANGE/REVISION PURPOSE

All Reworded and reformatted chapter for clarity and ease of reading. Revised references and added references. Revised Table of Contents to more accurately describe each section’s content. Renumbered sections and paragraphs into a logical sequence.

Revision/ Add

2102 Revised the Definitions section to consolidate definitions from within the existing chapter and added new definitions that are used in the chapter.

Revision/ Add

210903 Added rules for Minimum Instructor Pay (MIP) when the instructor is also receiving Veterans Affairs (VA) disability pay.

New

2110 Added more financial management responsibilities concerning the service, the accounting office, and the paying offices.

Revision/ Add

21-2

Table of Contents

VOLUME 10, CHAPTER 21: “JUNIOR RESERVE OFFICER TRAINING CORPS (JROTC)

INSTRUCTOR PAY”

2101 OVERVIEW

210101. Purpose 210102. Scope 210103. Policy

*2102 DEFINITIONS

210201. Academic Year 210202. Active Duty Pay and Allowances 210203. Department of Defense Dependent Schools (DoDDS) 210204. Domestic Dependent Elementary and Secondary Schools (DDESS) 210205. Gross Retired Pay or Retainer Pay 210206. High Schools 210207. Instructor Management Division (IMD) 210208. JROTC Instructor Reimbursement Office (JIRO) 210209. JROTC Unit 210210. Minimum Instructor Entitlement Calculation 210211. Minimum Instructor Pay (MIP)

2103 PRESCRIBED FORMS

210301. Department of Defense (DD) Form 2767, “JROTC Instructor Annual Certification of Pay and Data Form” 210302. DD Form 2754, “JROTC Instructor Pay Certification Worksheet for Entitlement Computation”

2104 REIMBURSEMENT RESPONSIBILITIES

210401. Program Reimbursement 210402. Reimbursement Limitations

2105 REIMBURSEMENT REQUIREMENTS AND PROCESS

210501. Requirements for Authorizing Reimbursement 210502. JROTC Units in DoDDS and DDESS Schools 210503. School Reimbursement Process

2106 JROTC UNIT ESTABLISHMENT AT SCHOOLS

210601. School Verification

21-3

Table of Contents (Continued)

210602. Addresses

2107 JROTC INSTRUCTOR REIMBURSEMENT OFFICE (JIRO)

210701. JIRO Reimbursement Requirements 210702. Duties Outside of JROTC Program 210703. JIRO Reimbursement Process 210704. Entitlement Computation 210705. Entitlement Recertification

2108 SEPARATIONS, TRANSFERS, DECERTIFICATIONS AND

DISESTABLISHMENTS

210801. Separations 210802. Transfers 210803. Decertification 210804. Disestablishment of JROTC Units

2109 JROTC INSTRUCTOR PAY COMPUTATION

210901. MIP Pay and Allowances 210902. MIP Rate Adjustments *210903. MIP with Disability Compensation

*2110 FINANCIAL MANAGEMENT

211001. Memorandum of Understanding (MOU) 211002. Military Service Responsibilities 211003. Accounting Office Responsibilities 211004. Designated Paying Office Responsibilities

2111 IDENTIFICATION AND COLLECTION OF JROTC RELATED DEBTS

211101. Debt Identification 211102. Debt Collection Process

21-4

CHAPTER 21

JUNIOR RESERVE OFFICER TRAINING CORPS (JROTC)

INSTRUCTOR PAY

2101 OVERVIEW

210101. Purpose

This chapter prescribes the general policies applicable to the operation and administration of JROTC Instructor Pay worldwide at both public and private schools.

210102. Scope

This chapter applies to all Military Services. The term “Military Services” refers to the Army, Navy, Air Force, and Marine Corps.

210103. Policy

DoD Instruction 1205.13, “Junior Reserve Officers’ Training Corps (JROTC) Program”, dated February 6, 2006.

*2102 DEFINITIONS

210201. Academic Year

An academic year is the period of time necessary to complete one JROTC course, normally consisting of not less than 7,200 minutes of instruction.

210202. Active Duty Pay and Allowances

For calculating JROTC instructor pay, active duty pay and allowances are limited to:

A. Basic Pay. Basic pay is the pay of an officer or an enlisted member according to grade and longevity before additional amounts for quarters, subsistence, and overseas duty. See Volume 7A, Chapter 1 for computing creditable service at the time of retirement.

B. Basic Allowance for Housing (BAH). The rate of entitlement is based on the instructor’s current dependent status and permanent duty station zip code. The permanent duty station for an instructor is the employing school. Dependency determination requirements are the same as when the instructor was on active duty.

C. Continental United States (CONUS) Cost Of Living Allowance (COLA).

CONUS COLA is designed to serve as a temporary reimbursement for instructors employed in high cost areas in CONUS to partially offset additional expenses incurred. The rate of http://www.dtic.mil/whs/directives/corres/pdf/120513p.pdf

21-5 entitlement is based on the instructor’s grade, dependent status, and the zip code of the employing school.

D. Overseas COLA. The overseas COLA is designed to assist instructors employed at schools Outside the Continental United States (OCONUS). The rate of entitlement is based on the instructor’s grade, number of dependents claimed, and the Joint Federal Travel Regulation (JFTR) location code applicable to the employing school located overseas.

E. Overseas Housing Allowance (OHA). OHA is payable to instructors working at schools located overseas to assist in defraying excess costs incurred incident to these locations. OHA is calculated by comparing the member’s monthly rent to the prescribed locality rental allowance, selecting the lesser of the two, and then adding the appropriate utilities/recurring maintenance allowance.

F. Clothing Replacement Allowance (CRA). The entitlement to CRA is limited to enlisted instructors only and amounts depend on the branch of service and service member gender. The CRA is normally an annual entitlement based on 12 consecutive months of active duty. An applicable monthly rate will be used for instructors since their contracts are for a period of less than 12 months.

G. Basic Allowance for Subsistence (BAS). The rate of entitlement is based on the instructor’s grade (enlisted or officer).

210203. Department of Defense Dependent Schools (DoDDS)

DoDDS are a network of schools, both primary and secondary, that serve dependents of the United States (U.S.) military and dependents of U.S. Government employees. The schools themselves are operated by the Department of Defense Education Activity (DoDEA).

210204. Domestic Dependent Elementary and Secondary Schools (DDESS)

A DDESS special arrangement is an agreement between the Secretary of Defense, or designee, and a local public education agency whereby a school or a school system operated by the local public education agency provides educational services to eligible dependent children of US military personnel and federally employed civilian personnel. Arrangements result in partial or total federal funding to the local public education agency for the educational services provided.

210205. Gross Retired Pay or Retainer Pay

The gross retired pay or retainer pay is the entitlement that is computed under Title 10 United States Code (U.S.C.) Chapters 61, 71, or 1223, whichever chapter is applicable to the member.

210206. High Schools http://uscode.house.gov/download/pls/10C61.txt http://uscode.house.gov/download/pls/10C61.txt http://uscode.house.gov/download/pls/10C71.txt http://uscode.house.gov/download/pls/10C1223.txt

21-6

A high school is any public or private secondary educational institution other than those defined as “Military Junior Colleges” and “Military Institute Schools.”

210207. Instructor Management Division (IMD)

The IMD is the office within a Military Service responsible for certifying instructors.

210208. JROTC Instructor Reimbursement Office (JIRO)

The JIRO is the office within a Military Service responsible for maintaining instructor accounts for reimbursement to a school or school district.

210209. JROTC Unit

A JROTC unit is an organized group of JROTC students and faculty members at one secondary school.

210210. Minimum Instructor Entitlement Calculation

The calculation of minimum instructor entitlement is the minimum active duty pay and allowances used in the computation of the reimbursement amount when all required documentation has not been received from an instructor as outlined in the prescribed pay computation forms. See Section 2103 of this chapter. The following are included:

A. Basic Pay

B. BAS

C. BAH or OHA (at the “without dependent” rate)

D. COLA (OCONUS or CONUS COLA, when applicable, at the unaccompanied rate)

E. CRA

210211. Minimum Instructor Pay (MIP)

The MIP is the minimum salary that a school or school system hosting a JROTC unit is required to pay an instructor for instructor duties in direct support of the JROTC program. MIP is the difference between the active duty pay and allowances the instructor would receive when recalled to active duty, and the instructor’s retired pay entitlement.

2103 PRESCRIBED FORMS

210301. Department of Defense (DD) Form 2767, “JROTC Instructor Annual Certification of Pay and Data Form” http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd2767.pdf http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd2767.pdf

21-7

Sections 210703, 210801, and 210802 of this chapter discuss the use of this form.

210302. DD Form 2754, “JROTC Instructor Pay Certification Worksheet for Entitlement Computation”

Sections 210704, 210705, and 210802 of this chapter discuss the use of this form.

2104 REIMBURSEMENT RESPONSIBILITIES

210401. Program Reimbursement

The Military Services will reimburse each JROTC program school for JROTC instructor pay at the rate of one half the amount of the difference between the instructor’s retired or retainer pay and the amount of active duty pay and allowances (excluding hazardous and special duty pays) the instructor would receive when ordered to active duty. Schools meeting specific criteria of need, if determined to be in the national interest by the appropriate Secretary of the Military Department (or designee), may receive additional instructor funds when either of the following applies:

A. On-site visits by representatives of JROTC headquarters elements determine the neighborhood in which the school is located has a substandard quality of life, with family incomes below the poverty level, and a high incidence of violent crime.

B. Additional criteria, as determined by the appropriate Secretary of the Military Department or designee concerned, whereby the school is in an educationally and economically deprived area to meet a compelling need of the community or national interest.

210402. Reimbursement Limitations

The school will pay each JROTC instructor the active duty pay and allowances an instructor would receive when recalled to active duty, less the retired or retainer pay the instructor is currently receiving. This minimum is not a cap or limit on the amount of pay that may be agreed upon between the instructor and the employing school. The school may pay more than the minimum amount but, by doing so, does not become entitled to additional reimbursement from the cognizant Military Service. Refer to section 210401.A and B of this chapter concerning additional funds based on need.

2105 REIMBURSEMENT REQUIREMENTS AND PROCESS

210501. Requirements for Authorizing Reimbursement

The JIRO authorizes reimbursement only for those instructors:

A. who are certified as qualified instructors by the cognizant Military Service, http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd2754.pdf http://www.dtic.mil/whs/directives/infomgt/forms/eforms/dd2754.pdf

21-8

B. for whom an obligation has been authorized by the Military Service, and

C. who are filling positions authorized by the Military Service.

210502. JROTC Units in DoDDS and DDESS Schools

A. DoDDS JROTC instructors will be employed under provisions of Title 20, USC, sections 901-907.

B. DDESS JROTC instructors will be employed under provisions of 10 U.S.C. 2164.

C. Pay and allowances for both DoDDS and DDESS JROTC instructors will be in accordance with 10 U.S.C. 2031.

D. All other requirements contained in this chapter for the reimbursement of schools will be followed for DoDDS and DDESS schools.

210503. School Reimbursement Process

A. The amount of the net contribution generally is equal to 50 percent of an instructor’s MIP. The Secretary of the Military Department concerned may pay to the school more than 50 percent of the amount paid to the member by the school if the specific criteria of need in 210401.A and B of this chapter are met. See 10 U.S.C. 2031(e)(2).

B. The military pay system is used to process and compute JROTC instructor pay entitlements.

C. Monthly statements are mailed to the instructor at either the school or home address.

D. An electronic funds transfer (EFT) for the net contribution is sent to the financial institution designated by the school district. DoDDS and DDESS schools are reimbursed based on the DFAS calculation and JIRO approval by funds transfer via the Intra-governmental Payment and Collection (IPAC) system.

E. District level reports will be mailed to each school district office.

F. Distribution of EFT and statements are made no later than the tenth day of the month following the pay month.

G. Instructor pay inquiries must be addressed to each Military Service JIRO.

2106 JROTC UNIT ESTABLISHMENT AT SCHOOLS

210601. School Verification http://uscode.house.gov/download/pls/20C25.txt http://uscode.house.gov/download/pls/20C25.txt http://uscode.house.gov/download/pls/10C108.txt http://uscode.house.gov/download/pls/10C102.txt http://uscode.house.gov/download/pls/10C102.txt

21-9

An authenticated copy of the countersigned contract between a school and the Military Service must be provided to the JIRO in order to verify that schools receiving payment are active participants in the JROTC program.

210602. Addresses

Authorized officials occupying the positions stated on the contract between a school and the Military Service are responsible for supplying the current address for payment of the reimbursement. The current address of the school employing each instructor must be included.

2107 JROTC INSTRUCTOR REIMBURSEMENT OFFICE (JIRO)

210701. JIRO Reimbursement Requirements

The school is the employing organization and pays the full amount due the JROTC instructor. This amount is not less than the MIP referenced in paragraph 210211 of this chapter.

Each JROTC instructor negotiates his or her own contract with the school. The Military Service JIRO will reimburse the school for up to 12 months per academic year, but only for the period of time the instructor is under a valid contract and is receiving a salary equal to, or greater than, the

MIP.

210702. Duties Outside of JROTC Program

Schools may contract separately with JROTC instructors for any additional duties beyond instruction, operation, and administration of the JROTC program. These additional duties must be performed outside the scope of JROTC duties and hours at no cost to the Military Service.

This requirement does not prevent JROTC instructors from serving on routine committees, or performing curricular or extracurricular duties normally performed by, and rotated among, other faculty members. See paragraph 210402 of this chapter.

210703. JIRO Reimbursement Process

Each school will forward to the JIRO a copy of the DD 2767 within 30 days of the instructor’s employment. Reimbursements for that instructor will be held in abeyance until the supporting form is received by the JIRO.

A. Each school will submit a DD 2767 annually for those JROTC instructors continuing employment at the school in the upcoming academic year.

B. Forms must be received prior to the end date of an instructor’s current contract to ensure uninterrupted reimbursement.

C. Schools are reimbursed only when there is a current pay data form on file at the JIRO.

210704. Entitlement Computation

21-10

For each new instructor, reimbursement to the school will be computed using the minimum instructor entitlement calculation until the DD 2754 is received from the instructor and is on file with the JIRO. See section 210210 of this chapter.

210705. Entitlement Recertification

Instructors may be required to recertify dependent status and permanent duty station (school) zip code for entitlement to BAH and OHA (as applicable). A DD 2754 is used to fulfill the recertification requirement.

A. Recertification is required upon request of the servicing JIRO, or upon a change in the instructor’s dependent status or employment zip code.

B. OHA recertification is required each year.

C. Reimbursement to a school will be computed based on the minimum instructor entitlement calculation unless a current DD 2754 is on file at the JIRO.

2108 SEPARATIONS, TRANSFERS, DECERTIFICATIONS AND DISESTABLISHMENTS

210801. Separations

Each employing school must forward a DD 2767, or termination letter, containing the applicable date to the JIRO within 30 days of the separation or death of an instructor. Separation of an instructor occurs when that instructor resigns his or her position at a specific school. If notification is not received in a timely manner, then future reimbursement to the school must be adjusted to reflect the actual period of time the instructor performed duties as a JROTC instructor and to collect any over reimbursement.

210802. Transfers

A transfer of an instructor occurs when he or she resigns the position at one school and accepts a position at another school. Transfers must be processed as a separation from one school and a new hire at another school. Both the losing and gaining schools forward a DD 2767. The gaining school provides financial institution information via Standard Form (SF) 3881, “Automated Clearing House (ACH) Vendor/Miscellaneous Payment Enrollment Form.” The instructor must forward an updated DD 2754 as stipulated in section 210704 of this chapter.

210803. Decertification

A Military Service may, for cause, decertify a JROTC instructor for employment eligibility. The IMD must immediately notify the JIRO of those instructors who have been decertified and currently are under contract with a school. Future reimbursement to the school must be adjusted to reflect the actual period of time the instructor performed duties as a JROTC instructor and to collect any over reimbursement.

http://contacts.gsa.gov/webforms.nsf/0/3772EB5D69D1B58085256A73005BE887/$file/SF%203881.pdf http://contacts.gsa.gov/webforms.nsf/0/3772EB5D69D1B58085256A73005BE887/$file/SF%203881.pdf http://contacts.gsa.gov/webforms.nsf/0/3772EB5D69D1B58085256A73005BE887/$file/SF%203881.pdf

21-11

210804. Disestablishment of JROTC Units

Disestablishment of a JROTC unit normally occurs upon determining that the unit will not meet the standards specified by the Military Service, or the unit cannot maintain the statutory minimum student enrollment. The disestablishment of a unit voids the contract between the Military Service and the school. Instructor reimbursements terminate and the JIRO must authorize final reimbursement to, or initiate collection action from, the school.

2109 JROTC INSTRUCTOR PAY COMPUTATION

210901. MIP Pay and Allowances

The active duty pay and allowances included for computing MIP are shown in the subparagraphs. All other pay and allowances are excluded unless permitted by specific revisions to DoD Instruction 1205.13, “Junior Reserve Officers' Training Corps (JROTC) Program.”

A. Basic Pay.

B. BAS.

C. BAH.

D. CONUS or OCONUS COLA, (when applicable).

E. OHA.

F. CRA.

210902. MIP Rate Adjustments

The following circumstances cause MIP rates to change:

A. Changes to active duty pay and allowances.

B. Changes in dependent status that affect the amount of BAH, OHA, and CONUS or overseas COLA.

C. Changes in housing expenses due to the instructor’s actual monthly certified housing expenses that affect the amount of OHA.

D. Frequent foreign currency fluctuations that affect the amount of OHA and

OCONUS COLA.

E. Longevity increases to basic pay according to grade, which also affects overseas COLA.

21-12

F. A raise in retired pay, which will decrease the MIP.

*210903. MIP with Disability Compensation

The computation of MIP shall be without regard to whether the gross retired pay received by the member is reduced because of the member’s receipt of disability compensation from the Veterans Administration under 38 U.S.C. 5304. A member’s receipt of entitlements under 10 U.S.C. 1414 is also not considered.

*2110 FINANCIAL MANAGEMENT

211001. Memorandum of Understanding (MOU)

A MOU between Defense Finance and Accounting Service (DFAS) and the JIRO will be used to prescribe financial management responsibilities.

211002. Military Service Responsibilities

Each Military Service will be the holder and manager of its JROTC funds. The JIRO concerned certifies funds availability to the proper line of accounting, verifies each JROTC instructor’s pay computation for accuracy prior to disbursement by the designated paying office, as well as monitors the budget execution throughout the assignment of the JROTC instructor.

211003. Accounting Office Responsibilities

Based on notification received from the JIRO and in accordance with the established MOU, the accounting office will ensure that funds are made available to the designated paying office for all school disbursements. Reimbursement to DoDDS and DDESS must be made via a separate IPAC transfer that cites the applicable appropriation provided for DoDDS and DDESS.

211004. Designated Paying Office Responsibilities

Disbursements are made only after the JIRO concerned has verified the payroll, certified fund availability, and has received concurrence from the appropriate accounting office. In accordance with the MOU, the DFAS designated paying office will disburse funds for school reimbursements using a SF 1034, “Public Voucher for Purchases and Services Other than Personal”, for each of the Military Service’s payments to the school districts. Funds must be sent via EFT to the financial institution of the school district, with the exception of reimbursements to the DoDDS and DDESS schools. See paragraph 211003 of this chapter.

2111 IDENTIFICATION AND COLLECTION OF JROTC RELATED DEBTS

211101. Debt Identification

A debt accrues when a school, or school district, is over-reimbursed for the pay of an instructor(s). The following are examples of when debts might accrue:

http://uscode.house.gov/download/pls/38C53.txt http://uscode.house.gov/download/pls/10C71.txt http://contacts.gsa.gov/webforms.nsf/0/57675C8BB6CE880B85256A3F004125BD/$file/SF%201034.pdf http://contacts.gsa.gov/webforms.nsf/0/57675C8BB6CE880B85256A3F004125BD/$file/SF%201034.pdf

21-13

A. Instructor transferred to another school. This possibly results in the losing school being over-reimbursed, and the gaining school being under-reimbursed.

B. Instructor separated from instructor program.

C. Instructor dies.

D. Instructor’s contract ending date changed, thereby shortening the contract period.

211102. Debt Collection Process

Collection of a debt is accomplished by an adjustment to the amount of reimbursement paid to the school for the next calendar month, with one exception. When a debt is owed by a school that no longer has JROTC instructor(s) and is not due any further reimbursements, collection action will be in accordance with Chapter 18.

A. The JIRO must initiate collection action from the school directly via debt letter. See Chapter 18 of this volume for instructions. Amounts collected must be forwarded to the JIRO.

B. Uncollected debts over $600 can be referred for debt collection assistance to the Debt Collection Office (DCO) after the JIRO has completed all actions specified in Chapter 18.