10 U.S.C. § 541 — Graduates of the United States Military,

Page 563 TITLE 10—ARMED FORCES § 541 preprofessional education required by a majority of in- stitutions which award degrees in that health profes- sion. The percentage of such persons shall be computed on an annual basis for each health profession from the data for the year in which the person being appointed, designated, or assigned was admitted to a professional school. However, a person may not receive additional credit under this clause if the amount of his bacca- laureate education does not exceed, by one or more, the minimum number of years of preprofessional education required by a majority of institutions which award de- grees for that health profession, determined on the basis prescribed in the preceding sentence.’’ 1987—Subsec. (b)(1)(B). Pub. L. 100–180 designated ex- isting provisions as cl. (i) and added cl. (ii). 1983—Subsec. (a)(1). Pub. L. 98–94 inserted ‘‘, the Na- tional Oceanic and Atmospheric Administration, or the Public Health Service’’. 1981—Subsec. (b)(1)(A). Pub. L. 97–22, § 3(c)(1), inserted ‘‘, designated, or assigned’’ in first sentence after ‘‘per- sons appointed’’ and substituted ‘‘Except as provided in clause (E), in determining the number of years of con- structive service to be credited under this clause to of- ficers in any professional field, the Secretary concerned shall credit an officer with, but with not more than, the number of years of postsecondary education in ex- cess of four that are required by a majority of institu- tions that award degrees in that professional field for completion of the advanced education or award of the advanced degree’’ for ‘‘(Except as provided in clause (E), in determining the years of constructive service under this clause, the Secretary concerned shall grant credit for only the number of years normally required to complete the advanced education or receive the ad- vanced degree’’. Subsec. (b)(1)(B). Pub. L. 97–22, § 3(c)(2), substituted ‘‘appointment, designation, or assignment, if such ad- vanced education’’ for ‘‘appointment as an officer, if such advanced education’’. Subsec. (b)(1)(E). Pub. L. 97–22, § 3(c)(3), substituted ‘‘person being appointed, designated, or assigned was admitted’’ for ‘‘person being appointed was admitted’’. Subsec. (d)(1). Pub. L. 97–22, § 3(c)(4), inserted provi- sion that, in the case of an officer who completes ad- vanced education or receives an advanced degree while on active duty or in an active status and in less than the number of years normally required to complete such advanced education or receive such advanced de- gree, constructive service may, subject to regulations prescribed under subsection (a)(2), be credited to the of- ficer under subsection (b)(1)(A) to the extent that the number of years normally required to complete such advanced education or receive such advanced degree ex- ceeds the actual number of years in which such ad- vanced education or degree is obtained by the officer. Subsec. (f). Pub. L. 97–22, § 3(c)(5), substituted ‘‘A re- serve officer (other than a warrant officer) who receives an original appointment as an officer (other than as a warrant officer) in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps shall (1) in the case of an officer on the active-duty list imme- diately before that appointment as a regular officer, be appointed in the same grade and with the same date of rank as the grade and date of rank held by the officer on the active-duty list immediately before the appoint- ment; and (2) in the case of an officer not on the active- duty list immediately before that appointment as a regular officer, be appointed in the same grade and with the same date of rank as the grade and date of rank which the officer would have held had the officer been serving on the active-duty list on the date of the appointment as a regular officer’’ for ‘‘An officer of a reserve component who receives an original appoint- ment as an officer (other than a warrant officer) in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps shall be appointed in the grade and with the date of rank to which he would have been entitled had he been serving on active duty as an offi- cer of a reserve component on the date of such original appointment as a regular officer’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Sept. 15, 1981, but the authority to prescribe regulations under this section effective Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of this title. ANNUAL REPORT Pub. L. 116–283, div. A, title V, § 502(c), Jan. 1, 2021, 134 Stat. 3564, provided that: ‘‘(1) IN GENERAL.—Not later than February 1, 2022, and every four years thereafter [sic], each Secretary of a military department shall submit to the Committees on Armed Services of the Senate and the House of Rep- resentatives a report on the use of the authorities in subparagraph (D) of section 553(b)(1) [probably means section 533(b)(1)] of title 10, United States Code (as amended by subsection (a)), and subparagraph (D) of section 12207(b)(1) of such title (as amended by sub- section (b)) (each referred to in this subsection as a ‘constructive credit authority’) during the preceding fiscal year for the Armed Forces under the jurisdiction of such Secretary. ‘‘(2) ELEMENTS.—Each report under paragraph (1) shall include, for the fiscal year and Armed Forces cov- ered by such report, the following: ‘‘(A) The manner in which constructive service credit was calculated under each constructive credit authority. ‘‘(B) The number of officers credited constructive service credit under each constructive credit author- ity. ‘‘(C) A description and assessment of the utility of the constructive credit authorities in meeting the operational needs of the Armed Force concerned. ‘‘(D) Such other matters in connection with the constructive credit authorities as the Secretary of the military department concerned considers appro- priate.’’ RATIFICATION OF SERVICE CREDIT AWARDED PRIOR TO NOVEMBER 30, 1993 Pub. L. 103–160, div. A, title V, § 509(e), Nov. 30, 1993, 107 Stat. 1648, provided that: ‘‘To the extent that serv- ice credit awarded before the date of the enactment of this Act [Nov. 30, 1993] under section 533, 3353, 5600, or 8353 of title 10, United States Code, based on advanced education in medicine or dentistry was awarded con- sistent with that section as amended by this section (whether or not properly awarded under that section as in effect before such amendment), the awarding of that service credit is hereby ratified.’’ TRANSITION PROVISION UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT For savings provision relating to constructive service previously granted, see section 625 of Pub. L. 96–513, set out as a note under section 611 of this title. § 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 Acad- emy, 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 commis- sioned officer in either the Army, Navy, Air Force, Marine Corps, or Space Force. (b) With the consent of the Secretary of the military department administering the Acad- emy from which the cadet or midshipman is to be graduated, and of the Secretary of the mili- Page 564 TITLE 10—ARMED FORCES [§§ 555 to 565 tary department having jurisdiction over the armed force for which that graduate stated his preference, the graduate is entitled to be accept- ed for appointment in that armed force. How- ever, not more than 121⁄2 percent of any grad- uating class at an Academy may be appointed in armed forces not under the jurisdiction of the military department administering that Acad- emy. (c) The Secretary of Defense shall, by regula- tion, provide for the equitable distribution of appointments in cases where more than 121⁄2 per- cent of the graduating class of any Academy re- quest appointment in armed forces not under the jurisdiction of the military department ad- ministering that Academy. (Aug. 10, 1956, ch. 1041, 70A Stat. 19; Pub. L. 116–283, div. A, title IX, § 924(b)(3)(B), Jan. 1, 2021, 134 Stat. 3821.) HISTORICAL AND REVISION NOTES 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, 68 Stat. 48. 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 sen- tence, 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 op- portunity to’’. In subsection (b), the words ‘‘is entitled’’ are sub- stituted 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. Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘Marine Corps, or Space Force’’ for ‘‘or Marine Corps’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Act Aug. 10, 1956, ch. 1041, § 52(a), 70A Stat. 641, pro- vided 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 re- scission 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 ap- pointed a second lieutenant in the Regular Air Force, and set forth provisions relating to date of appoint- ment, service credit, rank among graduates, and in- crease in authorized strength. [§§ 555 to 565. Repealed. Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1492] Section 555, acts Aug. 10, 1956, ch. 1041, 70A Stat. 20; Sept. 7, 1962, Pub. L. 87–649, §§ 6(f)(2), 14c(2), 76 Stat. 494, 501; July 30, 1977, Pub. L. 95–79, title III, § 302(a)(4), 91 Stat. 326; Nov. 8, 1985, Pub. L. 99–145, title V, § 531(a), title XIII, § 1303(a)(5), 99 Stat. 633, 739, related to war- rant officer grades. See section 571(a) and (b) of this title. Section 556, act Aug. 10, 1956, ch. 1041, 70A Stat. 20, re- lated to credit for service of persons originally ap- pointed in regular warrant officer grades under section 555 of this title. See section 572 of this title. Section 557, act Aug. 10, 1956, ch. 1041, 70A Stat. 20, re- lated to qualifications for promotion of regular warrant officers. Section 558, act Aug. 10, 1956, ch. 1041, 70A Stat. 20, re- lated to appointment of selection boards to consider promotions of regular warrant officers. See section 573(a), (b), (e), and (f) of this title. Section 559, act Aug. 10, 1956, ch. 1041, 70A Stat. 21, re- lated to eligibility of regular warrant officers for pro- motion. Section 560, acts Aug. 10, 1956, ch. 1041, 70A Stat. 21; Sept. 2, 1958, Pub. L. 85–861, § 33(a)(3), 72 Stat. 1564, re- lated to selection procedure for promotion of warrant officers. See section 576(a) to (e) of this title. Section 561, act Aug. 10, 1956, ch. 1041, 70A Stat. 22, re- lated to effect of failure of selection of regular warrant officers for promotion. See section 577 of this title. Section 562, act Aug. 10, 1956, ch. 1041, 70A Stat. 22, re- lated to disapproval of promotion of regular warrant of- ficers by Secretary concerned, President, or Senate. See section 579 of this title. Section 563, act Aug. 10, 1956, ch. 1041, 70A Stat. 22, re- lated to effective date of promotion of regular warrant officer. Section 564, acts Aug. 10, 1956, ch. 1041, 70A Stat. 22; Sept. 7, 1962, Pub. L. 87–649, § 6(f)(3), 76 Stat. 494; Nov. 2, 1966, Pub. L. 89–718, § 3, 80 Stat. 1115; Dec. 12, 1980, Pub. L. 96–513, title V, § 501(6), 94 Stat. 2907, related to effect of second failure of promotion for regular warrant offi- cers. See section 580(a) to (d) of this title. Section 565, act Aug. 10, 1956, ch. 1041, 70A Stat. 24, re- lated to suspension of laws for promotion or mandatory retirement or separation of regular warrant officers during war or emergency. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as an Effective Date of 1991 Amend- ment note under section 521 of this title. PRESERVATION OF EXISTING LAW FOR COAST GUARD Pub. L. 102–190, div. A, title XI, § 1125(a), Dec. 5, 1991, 105 Stat. 1505, provided that sections 555 to 565 of this title, as in effect on the day before Feb. 1, 1992, would continue to apply to the Coast Guard on and after that date, prior to repeal by Pub. L. 103–337, div. A, title V, § 541(f)(1), Oct. 5, 1994, 108 Stat. 2766. CHAPTER 33A—APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION AND RE- TIREMENT FOR MEMBERS ON THE WAR- RANT OFFICER ACTIVE-DUTY LIST Sec. 571. Warrant officers: grades. 572. Warrant officers: original appointment; serv- ice credit. 573. Convening of selection boards. 574. Warrant officer active-duty lists; competitive categories; number to be recommended for promotion; promotion zones. 575. Recommendations for promotion by selection boards.