10-U.S.C.-541

§541 – Graduates of The United States Military, Naval, and Air Force Academies

Pathway

Title 10 > Subtitle A > Part II > Chapter 33 > Section 541

Details

• Reference: Section 541
• Legend: §541 – Graduates of The United States Military, Naval, and Air Force Academies
• USCode Year: 2013

Provision Content

(a) Notwithstanding any other provision of law, each cadet at the United States Military Academy or the United States Air Force Academy, and each midshipman at the United States Naval Academy, is entitled, before graduating from that Academy, to state his preference for appointment, upon graduation, as a commissioned officer in either the Army, Navy, Air Force, or Marine Corps.

(b) With the consent of the Secretary of the military department administering the Academy from which the cadet or midshipman is to be graduated, and of the Secretary of the military department having jurisdiction over the armed force for which that graduate stated his preference, the graduate is entitled to be accepted for appointment in that armed force. However, not more than 12½ percent of any graduating class at an Academy may be appointed in armed forces not under the jurisdiction of the military department administering that Academy.

(c) The Secretary of Defense shall, by regulation, provide for the equitable distribution of appointments in cases where more than 12½ percent of the graduating class of any Academy request appointment in armed forces not under the jurisdiction of the military department administering that Academy.

(Aug. 10, 1956, ch. 1041, 70A Stat. 19.)

In subsection (a), the words is entitled * * * to are substituted for the words shall * * * be afforded an opportunity to.

In subsection (b), the words is entitled are substituted for the word shall.

In subsection (c), the words and fair are omitted as surplusage. 10:1092c–1(c), 10:1856(c), and 34:1057–1(c) are omitted as covered by section 51(a) of the bill.

Effective Date

Act Aug. 10, 1956, ch. 1041, §52(a), 70A Stat. 641, provided that: Section 541 of title 10, United States Code, enacted by section 1 of this Act, takes effect (1) in the year in which the initial class graduates from the United States Air Force Academy, or (2) upon the rescission of the agreement under which graduates of the United States Military Academy and the United States Naval Academy may volunteer for appointment in the Air Force, whichever is earlier.

Appointment of United States Military Academy Graduates in Air Force

Act Aug. 10, 1956, ch. 1041, §44, 70A Stat. 637, provided that a cadet who had graduated from the United States Military Academy could, upon graduation and before the effective date of section 541 of this title, be appointed a second lieutenant in the Regular Air Force, and set forth provisions relating to date of appointment, service credit, rank among graduates, and increase in authorized strength.

U.S. Encyclopedia of Law Coverage

10-U.S.C.-513 in the Legal Encyclopedia: General Military Law

In this entry about 10-U.S.C.-513, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.

10-U.S.C.-526 in the Legal Encyclopedia: Enlistments

In this entry about 10-U.S.C.-526, find legal reference material, bibliographies and premiere content related to enlistments in the American Encyclopedia of Law, presenting a comprehensive view of the United States enlistments-specific issues, written by authorities in the field.

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