10 U.S.C. § 8411 — Aviation cadets: grade; procurement;

Page 3253 TITLE 10—ARMED FORCES § 8411 Sec. 8415. Reserve student aviation pilots; reserve avia- tion pilots: appointments in commissioned grade. 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 chapter 601 of this title as this chapter and items 6911 to 6913 and 6915 as 8411 to 8413 and 8415, respectively. 1980—Pub. L. 96–513, title V, § 503(52), Dec. 12, 1980, 94 Stat. 2915, struck out items 6909 ‘‘Direct procurement: qualifications; retention or transfer to Reserve’’ and 6914 ‘‘Reserve naval aviators: appointment in Regular Navy and Regular Marine Corps; eligibility; grade; rank’’. 1964—Pub. L. 88–647, title III, § 301(18), Oct. 13, 1964, 78 Stat. 1072, struck out items 6901 ‘‘Naval Reserve Offi- cers’ Training Corps: administration’’, 6902 ‘‘Transfer of graduates of Naval Reserve Officers’ Training Corps to Regular Navy’’, 6903 ‘‘Officer candidate training pro- gram: administration; qualifications for enrollment’’, 6904 ‘‘Officer candidate training program: members en- rolled from Naval Reserve Officers’ Training Corps; ap- pointment as midshipmen; pay; allowances; commis- sioning’’, 6905 ‘‘Officer candidate training program: members enrolled as naval aviation officer candidates; instruction; pay; allowances’’, 6906 ‘‘Officer candidate training program: naval aviation candidates; appoint- ment as midshipmen; flight training; appointment as ensigns’’, 6908 ‘‘Officer candidate training program: naval aviators; retention or transfer to Reserve’’, 6910 ‘‘Payment of expenses’’. 1961—Pub. L. 87–100, § 1(2), July 21, 1961, 75 Stat. 218, struck out item 6907 ‘‘Officer candidate training pro- gram: officers other than naval aviators; retention or transfer to Reserve’’. 1958—Pub. L. 85–861, § 1(147)(B), Sept. 2, 1958, 72 Stat. 1513, substituted ‘‘benefits’’ for ‘‘pay and allowances’’ in item 6912. § 8411. Aviation cadets: grade; procurement; transfer (a) The grade of aviation cadet is a special en- listed grade in the naval service. Under such regulations as the Secretary of the Navy pre- scribes, citizens in civil life may be enlisted as, and enlisted members of the naval service with their consent may be designated as, aviation ca- dets. (b) Except in time of war or emergency de- clared by Congress, 20 percent of the aviation cadets procured in each fiscal year shall be pro- cured from qualified enlisted members of the Regular Navy and the Regular Marine Corps. (c) No person may be enlisted or designated as an aviation cadet unless— (1) he agrees in writing that, upon his suc- cessful completion of the course of training as an aviation cadet, he will accept a commission as an ensign in the Navy Reserve or a second lieutenant in the Marine Corps Reserve, and will serve on active duty as such for at least three years, unless sooner released; and (2) if under 21 years of age, he has the con- sent of his parent or guardian to his agree- ment. (d) Under such regulations as the Secretary prescribes, an aviation cadet may be transferred to another enlisted grade or rating in the naval service, released from active duty, or dis- charged. (Aug. 10, 1956, ch. 1041, 70A Stat. 426, § 6911; Pub. L. 85–578, July 31, 1958, 72 Stat. 456; Pub. L. 96–513, title III, § 373(f), Dec. 12, 1980, 94 Stat. 2903; Pub. L. 109–163, div. A, title V, § 515(b)(1)(N), Jan. 6, 2006, 119 Stat. 3233; renumbered § 8411, 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) 6911(a), (c), (d). 34 U.S.C. 850a, 850b. Aug. 4, 1942, ch. 547, §§ 2, 3, 56 Stat.737. 6911(b) ..... 34 U.S.C. 735b. June 13, 1949, ch. 199, § 3, 63 Stat. 175. In subsection (a) the words ‘‘in civil life’’ are added to indicate that regular enlisted members, to be eligible, must be discharged as is required by subsection (b). In subsection (b) the words before the first proviso are omitted as executed. The words ‘‘after June 13, 1949’’ in the first proviso, relating to a declaration of emergency by Congress, are omitted as executed. The emergencies existing on June 13, 1949, have expired, as indicated in the Act of July 3, 1952, ch. 570, 66 Stat. 333. The word ‘‘Regular’’ is inserted before ‘‘Navy’’ and ‘‘Marine Corps’’ to preserve the meaning of this provi- sion which distinguishes members of the reserve com- ponents from members of the Navy and the Marine Corps. The words ‘‘who are discharged for the purpose of enlisting as aviation cadets’’ are added. Since dis- charge from a regular component must precede enlist- ment in a reserve component, the designation language of 34 U.S.C. 735b, although appropriate to the Air Force counterpart to which it also applies, is inappropriate to this section. Subsection (c) is written as a condition precedent to enlistment or transfer, and not as a requirement, to conform with interpretation of the provision. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6911 of this title as this section. 2006—Subsec. (c)(1). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. 1980—Subsec. (a). Pub. L. 96–513 struck out ‘‘male’’ be- fore ‘‘citizens’’ and ‘‘enlisted’’. 1958—Subsec. (a). Pub. L. 85–578 substituted ‘‘naval service’’ for ‘‘Naval Reserve and the Marine Corps Re- serve’’, made changes in phraseology including the sub- stitution of ‘‘designated’’ for ‘‘transferred’’, and speci- fied consent as requisite for designation as aviation cadet. Subsec. (b). Pub. L. 85–578 struck out ‘‘at least’’ be- fore ‘‘20 percent’’ and ‘‘who, with their consent, are dis- charged for the purpose of enlisting as aviation cadets’’ after ‘‘Regular Marine Corps’’. Subsec. (c). Pub. L. 85–578 designated existing provi- sions as cls. (1) and (2), made phraseological changes in- cluding the substitution of ‘‘designated’’ for ‘‘trans- ferred’’, and prescribed consent for one under 21 years of age instead of one described as minor and active duty service with commissioned status for minimum three year period instead of maximum four year period and unspecified grade. Subsec. (d). Pub. L. 85–578 substituted ‘‘naval service’’ for ‘‘Naval Reserve or the Marine Corps Reserve’’ and struck out ‘‘as appropriate’’ after such term. 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. Page 3254 TITLE 10—ARMED FORCES § 8412 EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. § 8412. Aviation cadets: benefits Except as provided in section 402(a) and (b) of title 37, aviation cadets or their beneficiaries are entitled to the same allowances, pensions, gratuities, and other benefits as are provided for enlisted members in pay grade E–4. While on ac- tive duty, an aviation cadet is entitled to uni- forms, clothing, and equipment at the expense of the United States. (Aug. 10, 1956, ch. 1041, 70A Stat. 426, § 6912; Pub. L. 85–861, § 1(147)(A), Sept. 2, 1958, 72 Stat. 1513; Pub. L. 87–649, § 6(f)(6), Sept. 7, 1962, 76 Stat. 494; renumbered § 8412, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 6912(a), (b). 34 U.S.C. 850c. Aug. 4, 1942, ch. 547, § 4, 56 Stat. 737; Oct. 12, 1949, ch. 681, § 527, 63 Stat. 837; May 19, 1952, ch. 310, § 1(e) (as appli- cable to § 527), 66 Stat. 80. 6912(c) ..... 34 U.S.C. 850e. Aug. 4, 1942, ch. 547, § 6, 56 Stat. 738. In subsection (b) the words ‘‘and at the same rates’’ are omitted as covered by the words ‘‘on the same basis’’. In subsection (c) the words ‘‘enlisted members in pay grade E–4’’ are substituted for ‘‘enlisted men of the fourth pay grade’’ to conform to the terminology of the Career Compensation Act of 1949 (37 U.S.C. 231 et seq.). The words ‘‘by law or regulation’’ are omitted as sur- plusage. The words ‘‘and the premiums on their life in- surance’’ are omitted as impliedly repealed by § 10 of the Insurance Act of 1951, 65 Stat. 37, which provided that such premium payments shall not be made by the Government. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 6912 ......... [No source]. [No source]. Section 6912 is amended by eliminating subsections (a) (less clause (4)) and (b) and by substituting a ref- erence to section 301 of the Career Compensation Act of 1949 for the reference to subsection (a) in former sub- section (c). The substance of former subsections (a) (less clause (4)) and (b) is covered by the Career Com- pensation Act, as amended by the Act of March 31, 1955 (69 Stat. 19) and section 10 of this Act. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6912 of this title as this section. 1962—Pub. L. 87–649 substituted ‘‘section 402(a) and (b) of title 37’’ for ‘‘section 251(a) of title 37’’. 1958—Pub. L. 85–861 substituted ‘‘benefits’’ for ‘‘pay and allowances’’ in section catchline, and struck out provisions which prescribed the rate of pay of cadets, which authorized them to receive the same allowances for subsistence as prescribed for officers, which related to the furnishing of quarters, medical care and hos- pitalization, and which authorized transportation and expenses while traveling under orders. 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 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. § 8413. Aviation cadets: appointment as reserve officers (a) An aviation cadet who fulfills the require- ments of section 2003 of this title may be ap- pointed an ensign in the Navy Reserve or a sec- ond lieutenant in the Marine Corps Reserve and designated a naval aviator. (b) Aviation cadets who complete their train- ing at approximately the same time are consid- ered for all purposes to have begun their com- missioned service on the same date, and the de- cision of the Secretary of the Navy in this re- gard is conclusive. (Aug. 10, 1956, ch. 1041, 70A Stat. 427, § 6913; Pub. L. 96–513, title V, § 513(20), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 109–163, div. A, title V, § 515(b)(1)(O), Jan. 6, 2006, 119 Stat. 3233; renumbered § 8413, 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) 6913(a) ..... 34 U.S.C. 850f. Aug. 4, 1942, ch. 547, § 7, 56 Stat. 738. 6913(b) ..... 34 U.S.C. 850g. Aug. 4, 1942, ch. 547, § 8, 56 Stat. 738. In subsection (a) the proviso is omitted as unneces- sary. Section 1 of the Act of April 28, 1950, ch. 120, 64 Stat. 90, terminated service credit for lump-sum pay- ments granted under § 12 of the Act of August 4, 1942, ch. 547, 56 Stat. 738, and thereby removed the only con- sequences of the proviso. The words ‘‘section 6023(b) of this title’’ are substituted for the words ‘‘law for des- ignation or appointment as naval aviators’’ to provide specific reference to those requirements. The words ‘‘and designated a naval aviator’’ are added for clarity and to authorize specifically the designation, which is implied in 34 U.S.C. 850f. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 6913 of this title as this section. 2006—Subsec. (a). Pub. L. 109–163 substituted ‘‘Navy Reserve’’ for ‘‘Naval Reserve’’. 1980—Subsec. (a). Pub. L. 96–513 substituted ‘‘section 2003’’ for ‘‘section 6023(b)’’. 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