PRIA, Government Policy, Made Personal

Summary

If an enlisted service member accepts an appointment as a cadet at West Point, the Air Force Academy, or the Coast Guard Academy, or as a midshipman at the Naval Academy or in the Navy Reserve, their enlistment cannot be ended just because they took that appointment. While they are a cadet or midshipman, they only get the pay and benefits that cadets or midshipmen are allowed to receive (or the pay and emoluments for a Navy Reserve midshipman). If they leave cadet or midshipman service for any reason other than becoming a commissioned officer in a regular or reserve force (including the Space Force) or leaving for a physical disability, they return to enlisted status and must finish the rest of their enlistment or service obligation unless they are discharged sooner. All time served as a cadet or midshipman counts toward that remaining service.

Title 10, §516

Armed Forces, Source: USLM XML via OLRC

(a)The enlistment or period of obligated service of an enlisted member of the armed forces who accepts an appointment 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 in the Navy Reserve, may not be terminated because of the acceptance of that appointment. However, while serving as a cadet or midshipman at an Academy, he is entitled only to the pay, allowances, compensation, pensions, and other benefits provided by law for such a cadet or midshipman or, if he is a midshipman in the Navy Reserve, to the compensation and emoluments of a midshipman in the Navy Reserve.

(b)If a person covered by subsection (a) is separated from service as a cadet or midshipman, or from service as a midshipman in the Navy Reserve, for any reason other than his appointment as a commissioned officer of a regular or reserve component of an armed force or in the Space Force, or because of a physical disability, he resumes his enlisted status and shall complete the period of service for which he was enlisted or for which he has an obligation, unless he is sooner discharged. In computing the unexpired part of an enlistment or period of obligated service for the purposes of this subsection, all service as a cadet or midshipman is counted as service under that enlistment or period of obligated service.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 516(a)516(b)50:1411.50:1412.

June 25, 1956, ch. 439, §§ 1, 2, 70 Stat. 333. In subsection (a), the words “on or after

June 25, 1956” are omitted as executed. The words “Regular, Reserve” and “during the continuation of the cadet or midshipman status of such member” are omitted as surplusage. The words “if he is a midshipman in the Naval Reserve * * * of a midshipman in the Naval Reserve” are substituted for the words “accruing to such reserve midshipman by virtue of his status in the Naval Reserve”. In subsection (b), the words “a person covered by subsection (a)” are substituted for 50:1412 (1st 84 words of 1st sentence). The words “his appointment as a commissioned officer of” are substituted for the words “the acceptance of a commission in”. The words “and shall complete the period of service for which he was enlisted or for which he has an obligation, unless he is sooner discharged” are substituted for 50:1412 (2d sentence). The words “promoted or” are omitted as unnecessary, since the only kind of promotion involved is that to officer, in which case the member is discharged from his enlisted status. The words “as service under that enlistment” are substituted for the words “as time serviced under such contract”.

Editorial Notes

Amendments

2023—Subsec. (b). Pub. L. 118–31 inserted “or in the Space Force,” after “armed force”. 2006—Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve” wherever appearing.

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.

§516 Effect Upon Enlisted Status of Acceptance of Appointment as Cadet or Midshipman