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10 U.S.C. § 516Effect upon enlisted status of acceptance of appointment as cadet or midshipman

submitted 68 years ago by Pub. L. 85-861 to r/title-10-ARMED-FORCES · 249 words · no verdicts yet

in plain englishAI-generated · not legal advice

Protects an enlisted member’s status and service obligation when the member becomes a cadet or midshipman, with specified return rules.

(a) Accepting a listed Academy or Navy Reserve midshipman appointment does not end enlistment or obligated service; while there, the member receives only the benefits provided for that status. (b) If separated for a reason other than commissioned appointment or physical disability, the person returns to enlisted status and completes the obligation unless discharged sooner. Academy service counts toward it.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Added Pub. L. 85–861, § 1(9)(A), Sept. 2, 1958, 72 Stat. 1439; amended Pub. L. 109–163, div. A, title V, § 515(b)(1)(B), Jan. 6, 2006, 119 Stat. 3233; Pub. L. 118–31, div. A, title XVII, § 1717(b)(8), Dec. 22, 2023, 137 Stat. 655.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-861 · 72 Stat. 1439
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3233
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 655

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-861 on 1958-09-02.

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