§541 . Graduates of the United States Military, Naval, and Air Force Academies
(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,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 541(a) | 10:1092c–1(a) (1st 59 words of 1st sentence). | Apr. 1, 1954, ch. 127, §8, |
| 10:1856(a) (1st 59 words of 1st sentence). | ||
| 34:1057–1(a) (1st 59 words of 1st sentence). | ||
| 541(b) | 10:1092c–1(a) (1st sentence, less 1st 59 words). | |
| 10:1856(a) (1st sentence, less 1st 59 words). | ||
| 34:1057–1(a) (1st sentence, less 1st 59 words). | ||
| 541(c) | 10:1092c–1 (less (a)). | |
| 10:1856 (less (a)). | ||
| 34:1057–1 (less (a)). |
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
Section 52(a) of act Aug. 10, 1956, 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
Section 44 of act Aug. 10, 1956, provided that:
"(a) Notwithstanding any other provision of law, a cadet who graduates from the United States Military Academy may, upon graduation and before the effective date of section 541 of title 10, United States Code, be appointed a second lieutenant in the Regular Air Force.
"(b) Notwithstanding any other provision of law, no person who was a cadet at the United States Military Academy may be originally appointed in a commissioned grade in the Regular Air Force under this section before the date on which his classmates at the Academy are graduated and appointed as officers. No person who was a cadet at, but did not graduate from, the Academy may be credited, upon appointment as a commissioned officer of the Regular Air Force, with longer service than that credited to any member of his class at the Academy whose service in the Air Force, or in the Army and the Air Force, has been continuous since graduation.
"(c) A graduate of the United States Military Academy who is originally appointed a second lieutenant in the Regular Air Force under this section is not entitled to any service credit under this section.
"(d) Rank among graduates of each class of the United States Military Academy who, upon graduation, are appointed in the Regular Air Force under this section shall be fixed under regulations prescribed by the Secretary of the Air Force.
"(e) The authorized strength in any regular grade is automatically increased to the minimum extent necessary to give effect to each appointment made under this section. An authorized strength so increased is increased for no other purpose, and while he holds that grade the officer whose appointment caused the increase is counted for the purpose of determining when other appointments, not under this section, may be made in that grade."
Cross References
Commission on graduation, cadets, see sections 4353, 9353 of this title.
Section Referred to in Other Sections
This section is referred to in section 583 of this title.