Volume 64 · 304
Public Law 81–421
To amend laws relating to the United States Military Academy and the United States Naval Academy, and for other purposes.
Approved June 30, 1950
Statutory text
AN ACT
To amend laws relating to the United States Military Academy and the United States Naval Academy, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the corps of cadets of the. United States Military Academy shall be authorized and consist of the following:
Eight cadets from each State at large (four to be nominated
Cadets, Military Academy.
Numbers authorized.
by each Senator in Congress therefrom); four from each congressional district to be nominated by the Representative in Congress therefrom; four from each Territory to be nominated by the Delegate in Congress therefrom; four from Puerto Rico to be nominated by the Resident Commissioner thereof; six from the District of Columbia to be nominated by the Commissioners thereof, all of which cadets shall be actual residents of the State, or of the congressional or territorial district, or of the District of Columbia, or of the island of Puerto Rico, respectively, from which they purport to be appointed; and two cadets to be nominated by the Governor of the Panama Canal from among the sons of civilians residing in the Canal Zone and sons of civilian personnel of the United States Government and the Panama Railroad Company residing in the Republic of Panama.
One hundred and seventy-two cadets from the United States at large, as follows: Forty to be nominated from among honor graduates of the honor military schools and the honor naval schools designated by the Department of the Army and the Department of the Navy, respectively, such nominations to be made under such rules and regulations as the Secretary of the Army may prescribe; forty from among the sons of members of the land or naval forces (including male and female members of the Army, Air Force, Navy, Marine Corps, and Coast Guard, and of all components thereof) of the United States, who were killed in action or have died, or may hereafter die, of wounds or injuries received, or disease contracted, or preexisting injury or disease aggravated, in active service during World War I or World War II as each is defined by laws providing service-connected compensation or pension benefits for veterans of World War I and World War II and their dependents: Provided., That the determination of the Veterans’ Administration as to the service connection of the cause of death shall be binding upon the Secretary of the Army: And provided further, That such appointees are otherwise qualified and shall be selected in order of merit as established by competitive examination; three upon nomination of the Vice President; and eighty-nine to be appointed upon the personal selection of the President.
One hundred and eighty cadets from among enlisted member’s of the Army of the United States and the Air Force of the United States as follows: Ninety from the Regular components (Regular Army and Regular Air Force); Ninety from the Reserve components (National Guard of the United States, the Air National Guard of the United States, the Organized Reserve Corps, and the Air Force Reserve).
Three candidates may be nominated from each component (Regular and Reserve) of the Army of the United States and the Air Force of the United States for each available vacancy for their respective components from among the enlisted members thereof to compete for admission at the annual competitive entrance examination. Such nominations shall be made under such rules and regulations as the Secretary concerned may prescribe. The vacancies for the Regular and the Reserve components will be filled from among such qualified competitors of the respective components making the highest proficiency averages in the order of merit established at the competitive entrance examination, who have served in an active-duty or active-training status (including training performed by members of the National Guard of the United States and the Air National Guard of the United States under provisions of sections 92, 94, 97, and 99 of the National
39 Stat. 206, 207.
32 U. S. C. §§ 62–65, 144–146; Sup. III, § 62.
Defense Act, as amended) in such component not less than one year.
The number of cadets hereinbefore authorized to be nominated or selected constitutes in each instance the total number of cadets authorized in the corps of cadets at any one time from the respective source or nomination or selection except as hereinafter provided in this Act
In addition to the number of cadets hereinbefore authorized,
Total.
which totals
Sons of persons awarded Medal of Honor.
two thousand four hundred and ninety-six there is also authorized such number of cadets (who are otherwise qualified for admission) as may be appointed from the United States at large from among the sons of persons who have been or shall hereafter be awarded a Medal of Honor in the name of Congress for acts performed while in any of the armed forces of the United States.
All cadets, from whatever source of admission, shall be appointed
Appointment by President.
by the President.
Sec. 2.
Effective January 1, 1951, all candidates for admission to
Age limitations of candidates.
the United States Military Academy and the United States Naval Academy must be not less than seventeen years of age and not more than twenty-two years of age on July 1 of the Calendar year in which
Failure to complete course.
they enter the Academy: Provided, That whenever any member of the graduating class shall fail to complete the course with his class by reason of sickness, or deficiency in his studies, or other cause, such failure shall not operate to delay the admission of his successor:
Residence.
Provided further, That candidates allowed for States, for congressional districts, for the District of Columbia, and for Territories for appointment to the respective Academies must be actual residents of the States, districts, or Territories, respectively, from which they are nominated.
Sec. 3.
Hereafter, each cadet appointed to the United States Military
Articles.
Academy and each midshipman appointed to the United States Naval Academy shall, if a citizen or national of the United States, sign articles, with the consent of his parents or guardian if he be a minor, and if any he have, by which he shall engage, unless sooner discharged by competent authority—
to complete the course of instruction at said Academy; and
if tendered an appointment as a commissioned officer in the Regular Army or Regular Air Force upon graduation from the United States Military Academy, or in the Regular Navy or Regular Marine Corps or Regular Air Force upon graduation from the United States Naval Academy, to accept, such appointment and to serve under such appointment for not less than three consecutive years immediately following the date of graduation; and
in the event of the acceptance of his resignation from a commissioned status in the Regular component of such armed service prior to the sixth anniversary of his graduation, or in the event of an appointment in such Regular service not being tendered, to accept a commission which may be tendered him in the Reserve component of such Regular service and not to resign from such Reserve component prior to such sixth anniversary.
Sec. 4.
When upon determination that upon the admission of a
Nomination of additional cadets or midshipmen by Secretaries of Army and Navy.
new class to the United States Military Academy or the United States Naval Academy, the total number of cadets or midshipmen will be less than the number authorized, the Secretary of the Army and the Secretary of the Navy may within their discretion and within the capacity of the respective Academies, nominate additional cadets or midshipmen, respectively, to be admitted in such class in such number to meet the needs of the armed services, but not to exceed the authorized strength of the corps of cadets or the brigade of midshipmen, from qualified candidates holding alternate appointments and other qualified candidates holding competitive appointments from the remaining sources of admission authorized by law recommended and found to be qualified by the Academic Board of the respective Academies, at least two-thirds of those so appointed to be from among qualified alternate candidates nominated by the Vice President, Members of the Senate and House of Representatives of the United States, Delegates and Resident Commissioners, the Commissioners of the District of Columbia, and the Governor of the Panama Canal, and not more than one-third of those so appointed to be from among qualified candidates holding competitive appointments from sources authorized by law other than those holding such alternate appointments: Provided, That any appointments made pursuant to this section shall be in addition to and not in lieu of appointments otherwise authorized by law.
Sec. 5.
Subsection (a) of section 16 of the Act of August 13, 1946 (60 Stat. 1061), as amended (34 U. S. C. 1039), is hereby further
34 U. S. C., Sup. III, § 1029.
amended to read as follows:
“(a) The President, may appoint annually seventy-five midshipmen to the United States Naval Academy from among the sons of Army, Navy, Air Force, Marine Corps, and Coast Guard personnel.”
Sec. 6.
The following provisions of law are hereby repealed:
Repeals.
That part of the Act of August 9, 1912 (37 Stat. 263, 264) reading as follows: “Hereafter the Secretary of War may grant the superintendent of the academy leave of absence without deduction from pay or allowances for the same period that the superintendent may grant leave of absence to other officers of the academy under the g revisions of section thirteen hundred and thirty of the Revised Statutes.”
Effective January 1, 1951, section 1318 of the Revised Statutes, as amended by section 1 of the Act of December 11, 1945 (59 Stat. 606), and section 1517 of the Revised Statutes, as amended by section
2 of the Act of December 11, 1945 (59 Stat. 606).
So much of—
the second paragraph of the Act of June 8, 1926 (ch. 492,
44 Stat. 704);
the Act of December 1, 1942 (ch. 650, 56 Stat. 1024);
the Act of November 24, 1945 (ch. 492, 59 Stat. 586); and
the Act of November 24, 1945 (ch. 493, 59 Stat. 586),
as pertain to cadets at the United States Military Academy, and the Secretary of War.
Section 1321, Revised Statutes; section 2 of the Act of May 4, 1916 (39 Stat. 62); chapter XXII of the Act of July 9, 1918 (40 Stat. 894); the Act of June 7, 1935 (ch. 201, 49 Stat. 332); the Act of July 26, 1937 (ch. 523, 50 Stat. 534); the Act of June 3, 1942 (ch. 322, 56 Stat. 306); section 15 of the Act of August 13, 1946
10 U. S. C. §§ 1101, 1002, 1001, 1001b–1001d;
(60 Stat. 1061), and all other laws or parts of laws inconsistent or in conflict with the provisions of this Act are hereby repealed, and the provisions of this Act shall be in effect in lieu thereof.
Approved June 30, 1950.