10 U.S.C. § 7448 — Cadets: service obligation
submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 810 words · no verdicts yet
Every cadet signs an agreement to serve in the armed forces. After graduating, cadets must serve as commissioned officers for at least five years. Breaking the agreement can lead to reserve or active duty, or repaying costs.
(a) Each cadet must sign an agreement about their length of service, agreeing: (1) to complete the course of instruction at the Academy; (2) upon graduating, to accept an appointment as a commissioned Regular Army* or Regular Air Force officer* if offered, and serve at least 5 years of active duty* right after that appointment; (3) if that appointment isn't offered, or if allowed to resign as a regular officer before finishing their commissioned service obligation, to accept a Reserve commission in the Army Reserve or Air Force Reserve instead, and stay in that reserve component until finishing the obligation; (4) if an appointment described in paragraph (2) or (3) is tendered and the cadet takes part in a program under section 2121, to finish, on active duty, whatever obligation under this section is still unserved — regardless of what type of appointment they hold — after finishing, and on top of, any service obligation from section 2123 for that program; and (5) not to take a job as a professional athlete until two years after graduating from the Academy.
(b) (1) Subject to paragraph (4), the Secretary of the Army may transfer to the Army Reserve, and order to active duty for up to 4 years, a cadet who breaches an agreement under (a); the length of that active duty period can be set without regard to section 651(a)'s usual rule. (2) A cadet transferred to the Army Reserve under paragraph (1) gets an appropriate enlisted grade* or rating* the Secretary sets. (3) For purposes of paragraph (1), a cadet is considered to have breached the agreement if they're separated from the Academy under circumstances the Secretary determines amount to a breach of their promise to complete the course of instruction and accept a commission upon graduation. (4) Each academic year, the Secretary may transfer up to five cadets who obtain employment in violation of (a)(5) to the Army's Selected Reserve. Each transferred cadet must (A) serve as a commissioned officer*, in a grade or rating the Secretary sets, for up to 10 years the Secretary determines, and (B) while serving, help recruit and retain members of the armed forces*.
(c) The Secretary of the Army must prescribe regulations that include: (1) standards for what counts, under (b), as a breach of an agreement under (a); (2) rules stating that a cadet who obtains professional-athlete employment (A) in violation of (a)(5) has breached the agreement unless transferred under (b)(4), and (B) hasn't breached it if the employment starts at least two years after graduation; (3) procedures for determining whether a breach occurred; and (4) standards for how long a person may be ordered to serve on active duty under (b).
(d) "Commissioned service obligation" means, for a cadet, the period from their appointment as a commissioned officer to the 6th anniversary of that appointment — or, if the Secretary of Defense chooses, a later date up to the 8th anniversary.
(e) (1) This section doesn't apply to a cadet who isn't a U.S. citizen or national. (2) A cadet who is a minor with parents or a guardian may sign the agreement required by (a) only with a parent's or guardian's consent.
(f) A cadet or former cadet who doesn't meet every term of the agreement under (a), or an alternative obligation imposed under (b), is subject to the repayment rules in section 303a(e) or 373 of title 37.
Each cadet shall sign an agreement with respect to the cadet’s length of service in the armed forces*. The agreement shall provide that the cadet agrees to the following:
That the cadet will complete the course of instruction at the Academy.
That upon graduation from the Academy the cadet—
will accept an appointment, if tendered, as a commissioned officer* of the Regular Army* or the Regular Air Force; and
will serve on active duty* for at least five years immediately after such appointment.
That if an appointment described in paragraph (2) is not tendered or if the cadet is permitted to resign as a regular officer* before completion of the commissioned service obligation of the cadet, the cadet—
will accept an appointment as a commissioned officer as a Reserve for service in the Army Reserve or the Air Force Reserve; and
will remain in that reserve component until completion of the commissioned service obligation of the cadet.
That if an appointment described in paragraph (2) or (3) is tendered and the cadet participates in a program under section 2121 of this title, the cadet will fulfill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred under section 2123 of this title for participation in such program.
That the cadet may not obtain employment as a professional athlete until two years after the cadet graduates from the Academy.
Subject to paragraph (4), the Secretary of the Army may transfer to the Army Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed four years), a cadet who breaches an agreement under subsection (a). The period of time for which a cadet is ordered to active duty under this paragraph may be determined without regard to section 651(a) of this title.
A cadet who is transferred to the Army Reserve under paragraph (1) shall be transferred in an appropriate enlisted grade* or rating*, as determined by the Secretary.
For the purposes of paragraph (1), a cadet shall be considered to have breached an agreement under subsection (a) if the cadet is separated from the Academy under circumstances which the Secretary determines constitute a breach by the cadet of the cadet’s agreement to complete the course of instruction at the Academy and accept an appointment as a commissioned officer upon graduation from the Academy.
Each academic year, the Secretary of the Army may transfer not more than five cadets, who obtain employment in violation of paragraph (5) of subsection (a), to the Selected Reserve of the Army. Each cadet so transferred shall—
serve as a commissioned officer—
in an appropriate grade or rating, determined by the Secretary of the Army; and
for a period, determined by the Secretary of the Army, not longer than 10 years; and
while so serving, participate in efforts to recruit and retain members of the armed forces.
The Secretary of the Army shall prescribe regulations to carry out this section. Those regulations shall include—
standards for determining what constitutes, for the purpose of subsection (b), a breach of an agreement under subsection (a);
that a cadet who obtains employment as a professional athlete—
in violation of paragraph (5) of subsection (a) has breached an agreement under such subsection unless such cadet receives a transfer under paragraph (4) of subsection (b); and
at least two years after the cadet graduates from the Academy has not breached an agreement under subsection (a);
procedures for determining whether such a breach has occurred; and
standards for determining the period of time for which a person may be ordered to serve on active duty under subsection (b).
In this section, the term “commissioned service obligation”, with respect to a cadet, means the period beginning on the date of the cadet’s appointment as a commissioned officer and ending on the sixth anniversary of such appointment or, at the discretion of the Secretary of Defense, any later date up to the eighth anniversary of such appointment.
This section does not apply to a cadet who is not a citizen or national of the United States.
In the case of a cadet who is a minor and who has parents or a guardian, the cadet may sign the agreement required by subsection (a) only with the consent of a parent or guardian.
A cadet or former cadet who does not fulfill each term of the agreement as specified under subsection (a), or an alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of section 303a(e) or 373 of title 37.
Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 243, § 4348; Pub. L. 88–276, § 5(a), Mar. 3, 1964, 78 Stat. 153; Pub. L. 88–647, title III, § 301(9), Oct. 13, 1964, 78 Stat. 1072; Pub. L. 98–525, title V, §§ 541(a), 542(b), Oct. 19, 1984, 98 Stat. 2529; Pub. L. 99–145, title V, § 512(a), Nov. 8, 1985, 99 Stat. 623; Pub. L. 101–189, div. A, title V, § 511(b), title XVI, § 1622(e)(5), Nov. 29, 1989, 103 Stat. 1439, 1605; Pub. L. 104–106, div. A, title V, § 531(a), Feb. 10, 1996, 110 Stat. 314; Pub. L. 109–163, div. A, title VI, § 687(c)(9), Jan. 6, 2006, 119 Stat. 3335; Pub. L. 111–84, div. A, title X, § 1073(a)(29), Oct. 28, 2009, 123 Stat. 2474; Pub. L. 111–383, div. A, title V, § 554(a), Jan. 7, 2011, 124 Stat. 4221; Pub. L. 115–91, div. A, title V, § 543(a), title VI, § 618(a)(1)(K), Dec. 12, 2017, 131 Stat. 1395, 1426; renumbered § 7448, Pub. L. 115–232, div. A, title VIII, § 808(c)(1), Aug. 13, 2018, 132 Stat. 1839; Pub. L. 116–92, div. A, title V, § 554(a), Dec. 20, 2019, 133 Stat. 1388; Pub. L. 117–263, div. A, title V, § 553(a), Dec. 23, 2022, 136 Stat. 2592; Pub. L. 118–159, div. A, title V, § 557(a), Dec. 23, 2024, 138 Stat. 1896; Pub. L. 119–60, div. A, title V, § 556(a), Dec. 18, 2025, 139 Stat. 878.)
- 1956Enacted · Act of Aug. 10, 1956, ch. 1041
- 1964Amended · Pub. L. 88-276 · 78 Stat. 153
- 1964Amended · Pub. L. 88-647 · 78 Stat. 1072
- 1984Amended · Pub. L. 98-525 · 98 Stat. 2529
- 1985Amended · Pub. L. 99-145 · 99 Stat. 623
- 1989Amended · Pub. L. 101-189 · 103 Stat. 1439, 1605
- 1996Amended · Pub. L. 104-106 · 110 Stat. 314
- 2006Amended · Pub. L. 109-163 · 119 Stat. 3335
- 2009Amended · Pub. L. 111-84 · 123 Stat. 2474
- 2011Amended · Pub. L. 111-383 · 124 Stat. 4221
- 2017Amended · Pub. L. 115-91 · 131 Stat. 1395, 1426
- 2018Amended · Pub. L. 115-232 · 132 Stat. 1839
- 2019Amended · Pub. L. 116-92 · 133 Stat. 1388
- 2022Amended · Pub. L. 117-263 · 136 Stat. 2592
- 2024Amended · Pub. L. 118-159 · 138 Stat. 1896
- 2025Amended · Pub. L. 119-60 · 139 Stat. 878
A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.
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