Master S Candidate Program Declaration - Bentley University: Fill & Download for Free

By law, every member of a Senior ROTC program at a college who is receiving an ROTC scholarship or Advanced Program (last 2 years of the program) financial assistance is under contract as an enlisted servicemember. They sign the exact same enlistment contract (DD-4 form) as every other officer candidate program (Service Academies, OCS/OCC, Marine Corps Platoon Leaders Course, various others in the Services), and the same contract as every enlisted servicemember of all the Services.To enroll into ROTC, they sign an 8-year service enlisted contract (the statutory Military Service Obligation), at pay grade E-1 (unless they previously held higher enlisted grade), but their Rank is Midshipman or Cadet. That is what their ID cards say, too, and normally how they are addressed as a form of custom and courtesy, although “Mister” or “Miss” are acceptable in most situations, too.They will not be promoted out of their E-1/Midshipmen/Cadet rank until they either are commissioned as officers (mostly at O-1 paygrade), or die, or separate from the ROTC program (say for a medical reason), or fail to qualify or accept their commission and then serve as an enlisted servicemember in their Service for a specified number of years to pay back their previous ROTC benefits. The number of years they might have to serve as an enlisted member if they accept ROTC funding benefits, but fail to complete the program and accept commission, is determined by their Service Secretary’s policies.The enlisted grade at which they serve will also be determined by their Service Secretary’s policies; it might be E1 for someone who only accepted the “Kings Shilling” for 2 years and has no special skills. It might be E6 for someone who completed the entire ROTC program, graduated from college, has a masters degree or professional degree (like Pharmacy or Nursing), speaks fluent Farsi, or is a prior-enlisted member and simply declined their commission at the last minute. Generally, the longer they accept ROTC educational assistance, the longer they must serve enlisted, or the more they have to pay back as a debt to the US Govt. It is also possible that their Service Secretary will waive all or part of their debt, and not compel enlisted service, if the circumstances show that to be the best option; an example would be someone who has received several years of ROTC funding, but is found to have a very serious illness that is disqualifying from further military service, and so they are medically discharged from the ROTC program, and from their enlistment contract, and their debt is waived (all or partially, depending on circumstances).Each ROTC cadet/midshipman also swears the Oath of Office, the loyalty oath required in the Constitution for all principal and inferior officers, under Article II. They might initially swear the Oath of Enlistment on the day they are contracted, because they are — technically — serving on an enlisted contract, but they must also swear — ASAP — the Oath of Office to ensure they are properly aware of their responsibilities, as the Oath of Office is subtly different from the Oath of Enlistment, and thus requires slightly different approaches to their service.Midshipmen and cadets, both of the Service Academies and Senior ROTC program, are “inferior officers” under the Constitution, albeit without a commission (yet). Only officers appointed using Presidential (or delegated Presidential) authority under Article II swear the Oath of Office (it is modified slightly between all military officers, and civilian officers, and even further among various classes of civilian officers like Foreign Service Officers in the Dept. of State and Federal law enforcement officers).Midshipmen and Cadets of three of the Federal Service Academies (Army, Navy (which includes Marine-option), Air Force, Coast Guard) are appointed either directly by Presidential authority (without Senate “advice and consent) or delegated Presidential authority, and they serve on active duty, and are paid at a reduced rate from O-1/Second Lieutenant for the duration of their Academy, although their Academy service won’t count toward longevity for pay or retirement purposes. They are subject to the UCMJ for discipline 24/7/365 after they swear their Oaths.Midshipmen of the Federal Merchant Marine Academy are typically appointed as Midshipmen, US Navy Reserve, by the Secretary of the Navy, using delegated Presidential authority, and otherwise meet all requirements as any other Navy Reserve officer candidates. They are appointed as students to the USMMA itself by delegated authority of the Secretary of Transportation, usually by the Superintendent of the USMMA. They serve on active duty only during sea cruises and other specified training events, much like ROTC midshipmen and cadets, and so are only subject to the UCMJ during those periods of official orders to duty; they are only paid the reduced rate from O-1 during those periods of official orders. Like the other Service Academies, their service at the Academy does not count toward pay or retirement longevity. Most Merchant Marine Academy midshipmen are commissioned into either the Navy Reserve or the Coast Guard Reserve, but some will serve on active duty or in the Reserves of other Services.It should be noted that the Cadets and Midshipmen of the Federal Service Academies (Military, Naval, Air Force, USCG, USMMA) are NOT enlisted. Nor are they commissioned or warranted officers. They are the ONLY military servicemembers who fall into the void between being enlisted and commissioned/warrant officers. This is distinct from the Senior ROTC cadets and midshipmen who ARE serving an enlisted contract, but are appointed to a special Office as “Cadets” or “Midshipmen.”They are all best understood as “uncommissioned officers”:Obligated contractually to military service (whether enlisted as SROTC or by agreement with a Federal Service Academy),Appointed using delegated Article II authority to an Office, whether by the President alone or a Department Head or Service Secretary.Serve in that Office pursuant to various laws and regulations governing their status, behavior, and objectives (to earn a commission).Have military status, rank, a pay grade (of sorts…since none of them are paid at any rate other than 35% of the basic pay for an O-1 with less than 2 years longevity), and fall between the highest ranks of enlisted noncommissioned officers, and the lowest rank of warrant officer (which in this case means that — for their particular situation — a “warrant” Office granted to a service member by the SecDef [it used to be done by the President or the Service Secretaries, but now the SecDef appoints all Regular and Reserve W-1’s] is senior de jure to an appointment to Office as a Cadet or Midshipman…even though both fill Offices and are not commissioned officers).The US has not officially had midshipmen/cadets in the chain of command, in positions of command authority on land or at sea, since about 1905, when the Navy abolished the command authority of midshipmen, but the Army has maintained a vestige of the command authority of certain cadets, outside the Academy, through Army Regulation AR 600–20, Command Authority, which in paragraphs 2–8 through 2–10 specifies when cadets might be explicitly placed into the chain of command of any Army unit, and what their authorities might be if that happened.The actual authority, under US law and DoD policy, for midshipmen and cadets (outside of their own Academies, amongst each other, and in their ROTC programs) is quite vague. They are appointed using Presidential authority under Article II of the Constitution, and swear an Oath of Office — like any other principal or inferior officer. They are serving pursuant to a bonafide military service contract, and have established the standard 8-year Military Service Obligation (MSO) — like any officer or enlisted servicemember of any Service.Their officer rank is that of midshipmen or cadet, but their pay grade is E1 — for SROTC — or “Special” for Academies — unlike any other servicemembers. And they are — with the exception of the Army’s AR 600–20, not listed in any other Service’s command authority regulations, nor are they listed on any official “Rank Charts” since there is no pay grade established by US law in Titles 10 or 37 of the US Code for the “midshipmen” and “cadet” ranks.To further muddy the waters, all midshipmen and cadets, when in a duty status (which for all Service Academies except for the Merchant Marine Academy is 24/7/365), are subject to Article 133 of the UCMJ — Conduct Unbecoming an Officer and Gentlemen. The same as for any other commissioned or commissioned warrant officer, and unlike any enlisted. Even warrant officer-1 (the lowest grade of warrant officer, and with a “warrant” from the Secretary of Defense or their Service Secretary to act as an officer, but without a commission) is not subject to Article 133.Further, while all officers, cadets, and midshipmen, including warrant officer-1’s, are subject to trial by a Special Court-Martial, such a lesser Court cannot issue any punitive separation for any flavor of officer, whether commissioned or uncommissioned. Only a General Court-Martial, the most senior type of court-martial, may have jurisdiction to punitively separate them. If convicted of any offense whatsoever at a GCM, all officers may be removed from further service: all commissioned officers, cadets, and midshipmen, would be “dismissed from the Service,” equivalent to a dishonorable discharge for an enlisted servicemember. But a warrant officer-1 would be “dishonorably discharged,” exactly as any enlisted servicemember. Further evidence of the status of cadets and midshipmen, under law, as inferior officers as envisioned by Article II of the US Constitution.But, since all cadets and midshipmen are contracted servicemembers, even if only partially trained, they can be — and in WWII were — mobilized to active service during a period of war or national emergency.The reality: if the Nation needed an infusion of fresh 18 year old midshipmen/cadets that badly, then things are really, indeed, very bad!But, as in WWII, the course of study for the ROTC program would be accelerated, and if needed, the senior class, those most trained and ready, especially those who have already completed OCS (or equivalent), and possibly have either completed or nearly completed their degrees, will be commissioned early, and ordered into service, and sent on down the road to their Service training pipeline — just earlier than anticipated.If there is more need, the junior class, especially prior-enlisted and those having completed OCS, and those with degrees already or nearly, will get the same orders: “you are done with ROTC, your Nation needs you, you will be commissioned ASAP, placed on active duty, and be ordered to XXX to continue your training as a commissioned officer…”If more need, pull the sophomores…but, at that point, it’s VERY, VERY bad, as most sophomores, with very few exceptions, have not completed much training, possibly not OCS, and honestly have just begun their college degrees. Although they are at least as well qualified as any young person coming in off the street to enlist to seek an officer appointment, as they have already gone through extensive medical testing, had background checks, and their qualifications otherwise were exceptional or they wouldn’t have been appointed to ROTC in the first place.The Services would be more likely to accelerate the commissioning of the seniors first, and then selectively pull out prior-service members from the other years, and then accelerate juniors.Unless the US was in imminent danger of failure, and there would be no colleges left to go to, we need to leave a little bit of meat on the bones, and have at least some ROTC students still progressing, although their programs would probably be very accelerated and suddenly very focused on military skills.Now, what about their college degrees? Well, a few will already have one, and some will be extremely close and an arrangement can be worked out with the college to just grant it (given the wartime circumstances).For those with a bunch of college work left to do, well…at some point they will have to finish it…down the road, if they survive the war. And want to. And there are colleges to return to.Historical precedent serves well here: until about WWII, the Service Academies didn’t grant bachelor degrees like civilian universities, so generations of well-trained and educated officers graduated and served their careers without a civilian degree. And, at various times like the Civil War, WWI, and WWII, midshipmen and cadets (of the Service Academies before early 1900, and of both programs since then) have either graduated early and been commissioned, or simply been commissioned early, or voluntarily left their program and enlisted to serve immediately. This would — most likely — be the same course of events again today or in the future if a massive war or national emergency were to break out and require immediate and/or sustained manpower at the junior officer ranks.Essentially, if the Nation is going to bring back the draft to induct, compulsorily, young Americans to serve as enlisted servicemembers to meet an emerging national existential threat, then at least many of the cadets and midshipmen of the Academies and the ROTC programs are going to be getting their mobilization orders to active service and follow on training as commissioned officers…unless they resign their offices and voluntarily enlist (in which case their “debt” to the Govt might be forgiven later, depending on the circumstances, or if there is a Govt left to collect the debt, and they survive, of course).The bottom line is: yes, cadets and midshipmen in ROTC programs may be mobilized to active service, or reserve service in some circumstances, either through ending their ROTC program and commissioning them as officers, or even as simply serving as enlisted members; their service contract permits both paths, and both paths may be involuntary — because their service contract explicitly includes language that permits involuntary mobilization to active service.