Title 10 — Armed ForcesRelease 119-73
§9137 Regular Air Force: aviation cadets; qualifications, grade, limitations
Title 10 › Subtitle Subtitle D— - Air Force and Space Force › Part PART II— - PERSONNEL › Chapter CHAPTER 913— - ENLISTMENTS › § 9137
Summary
Creates a special enlisted rank called aviation cadet in the Regular Air Force. Any qualified U.S. citizen may be enlisted, and an enlisted Regular Air Force member may be named a cadet with his consent. Unless the nation is at war or Congress declares an emergency, at least 20 percent of cadets each fiscal year must come from the Regular Air Force or the Regular Army. Cadets must sign a written promise that, after finishing training, they will accept a commission as a second lieutenant in the Air Force Reserve and serve three years on active duty unless released sooner. Cadets under 21 need a parent or guardian’s permission. While on active duty, cadets get uniforms, clothing, and equipment paid for by the United States.
Full Legal Text
Title 10, §9137
Armed Forces — Source: USLM XML via OLRC
(a)The grade of aviation cadet is a special enlisted grade in the Regular Air Force.
(b)Any citizen of the United States may be enlisted as an aviation cadet, if he is otherwise qualified.
(c)Any enlisted member of the Regular Air Force who is otherwise qualified may be designated, with his consent, as an aviation cadet by the Secretary of the Air Force.
(d)Except in time of war or of emergency declared by Congress, at least 20 percent of the aviation cadets designated in each fiscal year shall be selected from members of the Regular Air Force or the Regular Army who are eligible and qualified. No person may be enlisted or designated as an aviation cadet unless—
(1)he agrees in writing that, upon his successful completion of the course of training as an aviation cadet, he will accept a commission as second lieutenant in the Air Force Reserve, and will serve on active duty as such for a period of three years, unless sooner released; and
(2)if under 21 years of age, he has the consent of his parent or guardian to his agreement.
(e)While on active duty, an aviation cadet is entitled to uniforms, clothing, and equipment at the expense of the United States.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 8257(a)8257(b) 10:297a.10:299 (1st sentence, less last 19 words).
June 3, 1941, ch. 165, §§ 1, 3 (1st and 2d sentences), 55 Stat. 239. 8257(c)10:291f–2 (less 1st 55 words of 1st proviso).
June 13, 1949, ch. 199, § 3, 63 Stat. 175. 10:299 (last 19 words of 1st sentence). 8257(d)10:291f–2 (1st 55 words of 1st proviso).10:299 (2d sentence). In subsection (b), the words “Under such
Regulations
as the Secretary of the Army may prescribe” are omitted, since the Secretary has inherent authority to issue
Regulations
appropriate to exercising his statutory functions. In subsection (c), the words “who is otherwise qualified” and “with his consent” are substituted for 10: 291f–2 (less 1st 55 words of 1st proviso). In subsection (d), the first sentence is substituted for 10:291f–2 (proviso). The words “after
June 13, 1940” (the date of enactment of the source statute) are substituted for the word “hereafter”, in 10:291f–2. The words “after
June 13, 1949”, in 10:291f–2, are omitted as executed. The first 17 words of the last sentence are substituted for 10:299 (1st 20 words of 2d sentence). Clause (2) is substituted for 10:299 (proviso of 2d sentence). 1958 ActThe new subsection (e) is necessary to reflect the last 11 words of the second sentence of section 4 of the Army Aviation Cadet Act (formerly 10 U.S.C. 304), which were omitted from the original military codification act, the Act of
August 10, 1956, chapter 1041, as part of the source law for section 20(b) of that Act (70A Stat. 627). See
Senate Report No. 2484
, 84th Congress, 2d Session, page 738. Since the source law did not permit the payment of a money allowance to an aviation cadet in place of the issuance of uniforms, clothing, and equipment, as may be done for enlisted members generally, it is necessary to restate this provision separately. See Opinion of the Deputy General Counsel, Department of Defense, May 29, 1957.
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 8257 of this title as this section. 1980—Subsec. (b). Pub. L. 96–513 substituted “Any citizen” for “Any male citizen”. Subsec. (c). Pub. L. 96–513 substituted “Any enlisted member” for “Any male enlisted member”. 1958—Subsec. (e). Pub. L. 85–861 added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date
of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of
Amendments
and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Effective Date
of 1980 AmendmentAmendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe
Regulations
under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.
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.
Reference
Citations & Metadata
Citation
10 U.S.C. § 9137
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73