10 U.S.C. § 8458 — Midshipmen: qualifications for admission

Page 3267 TITLE 10—ARMED FORCES § 8458 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 1973 AMENDMENT For effective date of amendment by Pub. L. 93–171, see section 4 of Pub. L. 93–171, set out as a note under section 7442 of this title. NUMBER OF ALTERNATE-APPOINTEES FROM CONGRES- SIONAL SOURCES NOT TO BE REDUCED BECAUSE OF ADDITIONAL PRESIDENTIAL APPOINTMENTS Nonreduction of number of appointees from congres- sional sources under this section because of additional presidential appointments under section 6954(b)(1) of this title, see note set out under section 7443 of this title. § 8458. Midshipmen: qualifications for admission (a) Each candidate for admission to the Naval Academy— (1) must be at least 17 years of age and must not have passed his twenty-third birthday on July 1 of the calendar year in which he enters the Academy; and (2) shall be examined according to such regu- lations as the Secretary of the Navy pre- scribes, and if rejected at one examination may not be examined again for admission to the same class unless recommended by the Academic Board. (b) Each candidate for admission nominated under clauses (3) through (9) of section 8454(a) of this title must be domiciled in the State, or in the congressional district, from which he is nominated, or in the District of Columbia, Puer- to Rico, American Samoa, Guam, or the Virgin Islands, if nominated from one of those places. (c) Each candidate nominated under clause (2) or (3) of section 8454(b) of this title— (1) must be a citizen of the United States; (2) must have passed the required physical examination; and (3) shall be appointed in the order of merit from candidates who have, in competition with each other, passed the required mental examination. (d) To be admitted to the Naval Academy, an appointee must take and subscribe to an oath prescribed by the Secretary of the Navy. If a candidate for admission refuses to take and sub- scribe to the prescribed oath, the candidate’s ap- pointment is terminated. (Aug. 10, 1956, ch. 1041, 70A Stat. 431, § 6958; Pub. L. 87–663, § 1(4), Sept. 14, 1962, 76 Stat. 547; Pub. L. 93–171, § 2(5), Nov. 29, 1973, 87 Stat. 690; Pub. L. 101–510, div. A, title V, § 532(b)(3), Nov. 5, 1990, 104 Stat. 1563; Pub. L. 102–190, div. A, title V, § 512, Dec. 5, 1991, 105 Stat. 1360; Pub. L. 104–201, div. A, title V, § 555(c), Sept. 23, 1996, 110 Stat. 2527; Pub. L. 105–85, div. A, title V, § 541(a), Nov. 18, 1997, 111 Stat. 1740; renumbered § 8458 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(c)(1), 809(a), Aug. 13, 2018, 132 Stat. 1836, 1840.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 6958(a)(1) 34 U.S.C. 1047 (less 1st proviso). June 30, 1950, ch. 421, § 2 (less 1st proviso), 64 Stat. 304. HISTORICAL AND REVISION NOTES—CONTINUED Revised section Source (U.S. Code) Source (Statutes at Large) 6958(a)(2) 34 U.S.C. 1043. R.S. 1515. 6958(b) ..... 34 U.S.C. 1047 (2d pro- viso). June 30, 1950, ch. 421, § 2 (2d proviso), 64 Stat. 304. 6958(c) ..... 34 U.S.C. 1042. Mar. 4, 1917, ch. 180, 39 Stat. 1182 (1st par.). 34 U.S.C. 1032 (less 1st 70 words). Dec. 20, 1917, ch. 5, § 1 (less 1st 70 words), 40 Stat. 430; Aug. 13, 1946, ch. 962, § 16, 60 Stat. 1061; May 16, 1947, ch. 77, § 1(o), 61 Stat. 100. In subsection (a) the effective date is omitted as exe- cuted. The words ‘‘at least 17 years of age and must not have passed his twenty-second birthday’’ are sub- stituted for the words ‘‘not less than seventeen years of age and not more than twenty-two years of age’’ to re- move ambiguity, and for uniformity of treatment of provisions of this type. The reference to time of exam- ination is omitted as being included within the Sec- retary’s authority to prescribe regulations, which is stated in the subsection. The words ‘‘Academic Board’’ are substituted for the words ‘‘board of examiners’’. In subsection (b) the words ‘‘domiciled in’’ are sub- stituted for the words ‘‘actual resident of’’ since this term has been so interpreted. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, § 807(c)(1), renumbered section 6958 of this title as this section. Subsec. (b). Pub. L. 115–232, § 809(a), substituted ‘‘clauses (3) through (9) of section 8454(a)’’ for ‘‘clauses (3) through (9) of section 6954(a)’’. Subsec. (c). Pub. L. 115–232, § 809(a), substituted ‘‘clause (2) or (3) of section 8454(b)’’ for ‘‘clause (2) or (3) of section 6954(b)’’ in introductory provisions. 1997—Subsec. (d). Pub. L. 105–85 added subsec. (d). 1996—Subsec. (a)(1). Pub. L. 104–201 substituted ‘‘twenty-third birthday’’ for ‘‘twenty-second birthday’’. 1991—Subsec. (c)(2) to (4). Pub. L. 102–190 redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which required candidates to have served at least one year as enlisted members on date of entrance. 1990—Subsec. (b). Pub. L. 101–510 substituted ‘‘clauses (3) through (9)’’ for ‘‘clauses (3)–(7), (9) and (10)’’. 1973—Subsec. (b). Pub. L. 93–171 substituted ‘‘, (9) and (10) of section 6954(a)’’ for ‘‘and (9) of section 6954(a)’’ and struck out ‘‘or Territory’’. 1962—Subsec. (b). Pub. L. 87–663 inserted references to American Samoa, Guam, and the Virgin Islands, and substituted ‘‘clauses (3)–(7) and (9)’’ for ‘‘clauses (3)–(7)’’. 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 1973 AMENDMENT For effective date of amendment by Pub. L. 93–171, see section 4 of Pub. L. 93–171, set out as a note under section 7442 of this title. AUTHORITY TO WAIVE MAXIMUM AGE LIMITATION ON ADMISSION TO SERVICE ACADEMIES FOR CERTAIN EN- LISTED MEMBERS WHO SERVED DURING PERSIAN GULF WAR For authority to waive maximum age limitation in subsec. (a)(1) of this section on basis of service on ac- Page 3268 TITLE 10—ARMED FORCES § 8459 tive duty in connection with Operation Desert Storm, see section 514 of Pub. L. 102–190, set out as a note under section 7446 of this title. § 8459. Midshipmen: service obligation (a) Each midshipman shall sign an agreement with respect to the midshipman’s length of serv- ice in the armed forces. The agreement shall provide that the midshipman agrees to the fol- lowing: (1) That the midshipman will complete the course of instruction at the Naval Academy. (2) That upon graduation from the Naval Academy the midshipman— (A) will accept an appointment, if ten- dered, as a commissioned officer of the Reg- ular Navy, the Regular Marine Corps, or the Regular Air Force; and (B) will serve on active duty for at least five years immediately after such appoint- ment. (3) That if an appointment described in para- graph (2) is not tendered or if the midshipman is permitted to resign as a regular officer be- fore completion of the commissioned service obligation of the midshipman, the mid- shipman— (A) will accept an appointment as a com- missioned officer in the Navy Reserve or the Marine Corps Reserve or as a Reserve in the Air Force for service in the Air Force Re- serve; and (B) will remain in that reserve component until completion of the commissioned serv- ice obligation of the midshipman. (4) That if an appointment described in para- graph (2) or (3) is tendered and the mid- shipman participates in a program under sec- tion 2121 of this title, the midshipman will ful- fill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation in- curred under section 2123 of this title for par- ticipation in such program. (5) That the midshipman may not obtain em- ployment as a professional athlete until two years after the midshipman graduates from the Academy. (b)(1) Subject to paragraph (4), the Secretary of the Navy may transfer to the Navy Reserve or the Marine Corps Reserve, and may order to ac- tive duty for such period of time as the Sec- retary prescribes (but not to exceed four years), a midshipman who breaches an agreement under subsection (a). The period of time for which a midshipman is ordered to active duty under this paragraph may be determined without regard to section 651(a) of this title. (2) A midshipman who is transferred to the Navy Reserve or Marine Corps Reserve under paragraph (1) shall be transferred in an appro- priate enlisted grade or rating, as determined by the Secretary. (3) For the purposes of paragraph (1), a mid- shipman shall be considered to have breached an agreement under subsection (a) if the mid- shipman is separated from the Naval Academy under circumstances which the Secretary deter- mines constitute a breach by the midshipman of the midshipman’s agreement to complete the course of instruction at the Naval Academy and accept an appointment as a commissioned offi- cer upon graduation from the Naval Academy. (4) Each academic year, the Secretary of the Navy may transfer not more than three mid- shipmen, who obtain employment in violation of paragraph (5) of subsection (a), to the Selected Reserve of the Navy or the Selected Reserve of the Marine Corps. Each midshipman so trans- ferred shall— (A) serve as a commissioned officer— (i) in an appropriate grade or rating, deter- mined by the Secretary of the Navy; and (ii) for a period, determined by the Sec- retary of the Navy, not longer than 10 years; and (B) while so serving, participate in efforts to recruit and retain members of the armed forces. (c) The Secretary of the Navy shall prescribe regulations to carry out this section. Those reg- ulations shall include— (1) standards for determining what con- stitutes, for the purpose of subsection (b), a breach of an agreement under subsection (a); (2) that a midshipman who obtains employ- ment as a professional athlete— (A) in violation of paragraph (5) of sub- section (a) has breached an agreement under such subsection unless such midshipman re- ceives a transfer under paragraph (4) of sub- section (b); and (B) at least two years after the mid- shipman graduates from the Academy has not breached an agreement under subsection (a); (3) procedures for determining whether such a breach has occurred; and (4) standards for determining the period of time for which a person may be ordered to serve on active duty under subsection (b). (d) In this section, ‘‘commissioned service ob- ligation’’, with respect to a midshipman, means the period beginning on the date of the mid- shipman’s appointment as a commissioned offi- cer and ending on the sixth anniversary of such appointment or, at the discretion of the Sec- retary of Defense, any later date up to the eighth anniversary of such appointment. (e)(1) This section does not apply to a mid- shipman who is not a citizen or national of the United States. (2) In the case of a midshipman who is a minor and who has parents or a guardian, the mid- shipman may sign the agreement required by subsection (a) only with the consent of a parent or guardian. (f) A midshipman or former midshipman who does not fulfill each term of the agreement as specified under subsection (a), or an alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of section 303a(e) or 373 of title 37. (Aug. 10, 1956, ch. 1041, 70A Stat. 432, § 6959; Pub. L. 88–276, § 5(a), Mar. 3, 1964, 78 Stat. 153; Pub. L. 88–647, title III, § 301(19), Oct. 13, 1964, 78 Stat. 1072; Pub. L. 98–525, title V, §§ 541(b), 542(c), Oct. 19, 1984, 98 Stat. 2529; Pub. L. 99–145, title V,