Title 10Armed ForcesRelease 119-73

§971 Service credit: officers may not count service performed while serving as cadet or midshipman

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 49— - MISCELLANEOUS PROHIBITIONS AND PENALTIES › § 971

Last updated Apr 6, 2026|Official source

Summary

Time served as a cadet or midshipman cannot be counted toward an officer’s length of service. That includes time when someone was enlisted or had a service obligation while a cadet, and time serving as a midshipman in the Navy Reserve. It covers officers in the armed forces and the Public Health Service Commissioned Corps. Cadet = student at the Military, Air Force, or Coast Guard Academy. Midshipman = student at the Naval Academy.

Full Legal Text

Title 10, §971

Armed Forces — Source: USLM XML via OLRC

(a)The period of service under an enlistment or period of obligated service while also performing service as a cadet or midshipman or serving as a midshipman in the Navy Reserve may not be counted in computing, for any purpose, the length of service of an officer of an armed force or an officer in the Commissioned Corps of the Public Health Service.
(b)In computing length of service for any purpose, service as a cadet or midshipman may not be credited to any of the following officers:
(1)An officer of the Navy or Marine Corps.
(2)A commissioned officer of the Army, Air Force, or Space Force.
(3)An officer of the Coast Guard.
(4)An officer in the Commissioned Corps of the Public Health Service.
(c)In this section, the term “service as a cadet or midshipman” means—
(1)service as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy; or
(2)service as a midshipman at the United States Naval Academy.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 97150:1414.June 25, 1956, ch. 439, § 4, 70 Stat. 333.

Editorial Notes

Amendments

2021—Subsec. (b)(2). Pub. L. 116–283 substituted “, Air Force, or Space Force” for “or Air Force”. 2006—Subsec. (a). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve” in heading and “Navy Reserve” for “Naval Reserve” in text. 1997—Subsec. (b)(4). Pub. L. 105–85 substituted “Commissioned Corps” for “commissioned corps”. 1996—Pub. L. 104–201, § 581(c)(3), struck out “enlisted” after “count” in section catchline. Subsec. (a). Pub. L. 104–201, § 581(a), (c)(2), inserted heading, substituted “while also performing service as a cadet or midshipman or serving as a midshipman” for “while also serving as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy or”, and inserted before period at end “or an officer in the Commissioned Corps of the Public Health Service”. Subsec. (b). Pub. L. 104–201, § 581(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “In computing length of service for any purpose— “(1) no officer of the Navy or Marine Corps may be credited with service as a midshipman at the United States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy; “(2) no commissioned officer of the Army or Air Force may be credited with service as a midshipman at the United States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy; and “(3) no officer of the Coast Guard may be credited with service as a midshipman at the United States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy.” Subsec. (c). Pub. L. 104–201, § 581(c)(1), added subsec. (c). 1989—Subsec. (a). Pub. L. 101–189, § 652(a)(1)(A), struck out “, under an appointment accepted after
June 25, 1956,” after “Naval Reserve”. Subsec. (b)(1). Pub. L. 101–189, § 652(a)(2)(A), struck out “, if he was appointed as a midshipman or cadet after
March 4, 1913” after “United States Coast Guard Academy”. Subsec. (b)(2). Pub. L. 101–189, § 652(a)(2)(B), struck out “, if he was appointed as a midshipman or cadet after
August 24, 1912” after “United States Coast Guard Academy”. 1984—Subsec. (b)(3). Pub. L. 98–557 added par. (3). 1968—Pub. L. 90–235 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
November 25, 2002, as modified, set out as a note under section 542 of Title 6. Application of Subsection (a) to Service Under Appointment Accepted Before
June 26, 1956 Pub. L. 101–189, div. A, title VI, § 652(a)(1)(B), Nov. 29, 1989, 103 Stat. 1461, provided that the computing limitation in subsection (a) of this section did not apply to service under an appointment as a cadet or midshipman accepted before
June 26, 1956.

Reference

Citations & Metadata

Citation

10 U.S.C. § 971

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73