10 U.S.C. § 8415 — Reserve student aviation pilots; reserve

Page 3255 TITLE 10—ARMED FORCES § 8415 special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. § 8415. Reserve student aviation pilots; reserve aviation pilots: appointments in commis- sioned grade (a) Under such regulations as the Secretary of the Navy prescribes, enlisted members of the Navy Reserve and the Marine Corps Reserve may be designated as student aviation pilots. (b) A member who is not a qualified civilian aviator may not be designated as a student avia- tion pilot unless he agrees in writing, with the consent of his parent or guardian if he is a minor, to serve on active duty for a period of two years after successfully completing flight training, unless sooner released. Such a student aviation pilot may be released from active duty or discharged at any time by any administrative authority prescribed by the Secretary. (c) If he is a qualified civilian aviator, a stu- dent aviation pilot may be given a brief re- fresher course in flight training. (d) While he is in flight training, a student aviation pilot shall have uniforms and equip- ment issued to him at Government expense. (e) Under regulations prescribed by the Sec- retary, a student aviation pilot of the Navy Re- serve or the Marine Corps Reserve may be des- ignated an aviation pilot upon successfully com- pleting flight training. (f) In time of peace, an aviation pilot who is obligated under subsection (b) to serve on active duty for a period of two years may serve, with his consent, for an additional period of not more than two years. (g) An aviation pilot of the Navy Reserve or the Marine Corps Reserve may be released from active duty or discharged at any time by any ad- ministrative authority prescribed by the Sec- retary. (h) An aviation pilot of the Navy Reserve or the Marine Corps Reserve may, if qualified under regulations prescribed by the Secretary, be appointed an ensign in the Navy Reserve or a second lieutenant in the Marine Corps Reserve, as appropriate. (Aug. 10, 1956, ch. 1041, 70A Stat. 427, § 6915; Pub. L. 87–649, § 14c(51), Sept. 7, 1962, 76 Stat. 501; Pub. L. 96–513, title V, § 513(21), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 109–163, div. A, title V, § 515(b)(1)(P), Jan. 6, 2006, 119 Stat. 3233; renumbered § 8415, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6915 ......... 34 U.S.C. 841a–841e. Nov. 5, 1941, ch. 468, §§ 1–5, 55 Stat. 759. 34 U.S.C. 841h. Nov. 5, 1941, ch. 468, § 8; added Aug. 4, 1942, ch. 547, § 15(h), 56 Stat. 740. In subsection (a) the authority to designate student aviation pilots is expressly set forth. The portion of 34 U.S.C. 841h that provides that stu- dent aviation pilots who are qualified civilian aviators shall be given a brief refresher course in flight training is contained in subsection (c). The remainder of 34 U.S.C. 841h, which provides that such pilots shall not be considered as having been designated pursuant to 34 U.S.C. 841a–841h, is reflected in subsection (b) by mak- ing that subsection applicable only to student aviation pilots who are not qualified civilian aviators. No other consequences attach to designation as student aviation pilots under the particular provisions. In subsection (b) the word ‘‘continuous’’ is omitted as covered by the word ‘‘period’’, and the subsection is written as a condi- tion precedent to designation, because it is so inter- preted. In subsection (c) the words ‘‘enlisted in or transferred to pilot ratings’’ are omitted as surplusage. Subsection (e) states expressly the authority to des- ignate aviation pilots, which is implied in 34 U.S.C. 841a, 841b, and 841d. In subsection (f) the words ‘‘pay grade E–5’’ are sub- stituted for the words ‘‘third grade’’ in 34 U.S.C. 841b to conform to the terminology of the Career Compensa- tion Act of 1949 (37 U.S.C. 231 et seq.). In subsection (h) the words ‘‘of the Naval Reserve or the Marine Corps Reserve’’ are substituted for the words ‘‘designated as such in accordance with sections 841a and 841b of this title’’ for uniformity. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6915 of this title as this section. 2006—Subsecs. (a), (e), (g), (h). Pub. L. 109–163 sub- stituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’ wherever appearing. 1980—Subsecs. (f) to (i). Pub. L. 96–513 redesignated subsecs. (g), (h), and (i) as (f), (g), and (h), respectively. 1962—Subsec. (f). Pub. L. 87–649 repealed subsec. (f) which provided that while on active duty, an aviation pilot of the Naval Reserve or the Marine Corps Reserve is entitled to the pay of an enlisted member in pay grade E–5 or that of his grade, whichever is greater. See section 201 of Title 37, Pay and Allowances of the Uni- formed Services. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Al- lowances of the Uniformed Services. CHAPTER 852—TRAINING GENERALLY Sec. 8431. Recruit basic training: separate housing for male and female recruits. 8432. Recruit basic training: privacy. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 807(e)(3), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated