§1217 — Title 10 Armed Forces | U.S. Code

Summary

Covers cadets at the U.S. Military, Air Force, and Coast Guard Academies and midshipmen at the U.S. Naval Academy, but only for physical disabilities that happened after October 28, 2004. Monthly cadet and midshipman pay under section 203(c) of title 37 counts as basic pay for this chapter and for figuring retirement, severance, or separation pay you get under it.

Title 10, §1217

Armed Forces — Source: USLM XML via OLRC

(a)This chapter applies to cadets at the United States Military Academy, the United States Air Force Academy, and the United States Coast Guard Academy and midshipmen of the United States Naval Academy, but only with respect to physical disabilities incurred after October 28, 2004.

(b)Monthly cadet pay and monthly midshipman pay under section 203(c) of title 37 shall be considered to be basic pay for purposes of this chapter and the computation of retired pay and severance and separation pay to which entitlement is established under this chapter.

Notes & Related Subsidiaries

Historical and Revision Notes

1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 1217[No source].[No source]. The revised section is inserted to reflect the limited definition of the word “member” in section 102(b) of the Career Compensation Act of 1949 (37 U.S.C. 231(b)). 1958 ActAviation cadets were omitted from chapter 61 because Title IV of the Career Compensation Act of 1949 (formerly 37 U.S.C. 271 et seq.), which was the source law for this chapter, covered only members entitled to basic pay and it was believed that aviation cadets were not so entitled. However, the Comptroller General has ruled that aviation cadets are entitled to basic pay (30 Comp. Gen. 431). Accordingly, aviation cadets were covered by Title IV and should not be excepted from chapter 61.

Editorial Notes

Amendments

2006—Subsec. (a). Pub. L. 109–364 substituted “October 28, 2004” for “the date of the enactment of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005”. 2004—Pub. L. 108–375 amended section catchline and text generally. Prior to amendment, text read as follows: “This chapter does not apply to cadets at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or to midshipmen of the Navy.” 1958—Pub. L. 85–861 struck out provisions which made chapter inapplicable to aviation cadets.

Statutory Notes and Related Subsidiaries

Effective Date

of 1958 AmendmentAmendment by Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of this title.

§1217 Academy cadets and midshipmen: applicability of chapter