1. The term "active duty" means full-time duty as a commissioned or warrant officer, or as an enlisted member of a uniformed service under a call or order to duty that does not specify a period of thirty days or less.
2. As it pertains to military service, the term "member" means a person on active duty in the uniformed services in a commissioned, warrant, or enlisted rank or grade.
3. The term "uniformed services" means the Army, Navy, Air Force, Marine Corps, Coast Guard, Public Health Service, and Environmental Science Services Administration."
In accordance with 10 U.S.C. §§ 2106(a), 2101(3), the eligibility requirement for commissioned service is successful completion of either a four-year ROTC training course or a two-year advanced ROTC course.
In accordance with Section 2105, a ROTC cadet may be ordered to active duty as an enlisted reservist only if he does not complete his course of instruction or declines to accept a commission when offered. The simple fact is that service in ROTC, whether in attending drills in college or in summer camp, is not considered "active service", and is made clear by Section 2106(c) which provides that the cadet is "not credited with enlisted service for the period covered by his advanced training."
In accordance with 37 U.S. C. § 209(c) (Supp. 1970), ROTC cadets are paid while attending summer camp, not as enlisted reservists, but at the rate provided for cadets or midshipmen at the Service Academies.
Cadets or midshipmen at the Service Academies are subject to the Military Code. ROTC students are not subject thereto, since they are not included in 10 U.S.C. § 802.
Congress has not considered ROTC training or training in the military academies as regular military service. Neither are mentioned in the legislative history. U.S.Code Cong. & Adm.News, 89th Cong. 1st Sess. 1965, pp. 3232 et seq.
The Senate Committee on Armed Services, in a report on FECA, stated: "An additional consideration is that ROTC members are civilians and have no military status." (1956 U.S. Code Cong. & Adm.News, p. 3870)