§ 8411. Aviation cadets: grade; procurement; transfer

Statutory text

The grade of aviation cadet is a special enlisted grade in the naval service. Under such regulations as the Secretary of the Navy prescribes, citizens in civil life may be enlisted as, and enlisted members of the naval service with their consent may be designated as, aviation cadets.

Except in time of war or emergency declared by Congress, 20 percent of the aviation cadets procured in each fiscal year shall be procured from qualified enlisted members of the Regular Navy and the Regular Marine Corps.

No person may be enlisted or designated as an aviation cadet unless—

he agrees in writing that, upon his successful 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

if under 21 years of age, he has the consent of his parent or guardian to his agreement.

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 discharged.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1956
Aug. 10, 1956, ch. 1041, 70A Stat. 426, § 6911 · 70A Stat. 426
Enacted · 10 U.S.C. § 8411
Aug. 10, 1956, ch. 1041, 70A Stat. 426, § 6911
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 426, § 6911
1958
Pub. L. 85–578 · 72 Stat. 456
1. Substituted · 10 U.S.C. § 8411(a)
  Pub. L. 85–578 substituted “naval service” for “Naval Reserve and the Marine Corps Reserve” specified consent as requisite for designation as aviation cadet
2. Substituted · 10 U.S.C. § 8411(a)
  Pub. L. 85–578 substituted “designated” for “transferred” specified consent as requisite for designation as aviation cadet
Source evidence
Code amendment note
Subsec. (a). Pub. L. 85–578 substituted “naval service” for “Naval Reserve and the Marine Corps Reserve”, made changes in phraseology including the substitution of “designated” for “transferred”, and specified consent as requisite for designation as aviation cadet.
1958
Pub. L. 85–578 · 72 Stat. 456
Struck · 10 U.S.C. § 8411(b)
Pub. L. 85–578 struck out “at least” before “20 percent” and “who, with their consent, are discharged for the purpose of enlisting as aviation cadets” after “Regular Marine Corps”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 85–578 struck out “at least” before “20 percent” and “who, with their consent, are discharged for the purpose of enlisting as aviation cadets” after “Regular Marine Corps”.
1958
Pub. L. 85–578 · 72 Stat. 456
Substituted · 10 U.S.C. § 8411(c)
Pub. L. 85–578 designated existing provisions as cls. (1) and (2), made phraseological changes including the substitution of “designated” for “transferred”, 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
Source evidence
Code amendment note
Subsec. (c). Pub. L. 85–578 designated existing provisions as cls. (1) and (2), made phraseological changes including the substitution of “designated” for “transferred”, 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.
1958
Pub. L. 85–578 · 72 Stat. 456
1. Substituted · 10 U.S.C. § 8411(d)
  Pub. L. 85–578 substituted “naval service” for “Naval Reserve or the Marine Corps Reserve”
2. Struck · 10 U.S.C. § 8411(d)
  Pub. L. 85–578 struck out “as appropriate” after such term
Source evidence
Code amendment note
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.
1980
Defense Officer Personnel Management Act
Pub. L. 96–513 title III § 373(f) · 94 Stat. 2835
Struck · 10 U.S.C. § 8411(a)
Pub. L. 96–513 struck out “male” before “citizens” and “enlisted”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 96–513 struck out “male” before “citizens” and “enlisted”.
Enacted provision · exact public law section
(f) Section 6911, relating to enlistment and designation of aviation cadets, is amended by striking out “male” both places it appears.
2006
National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 div. A title V § 515(b)(1)(N) · 119 Stat. 3136
Substituted · 10 U.S.C. § 8411(c)(1)
Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve”.
Enacted provision · exact public law section
(N) Section 6911(c)(1).
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. A title VIII § 807(c)(1) · 132 Stat. 1636
Changed · 10 U.S.C. § 8411
Pub. L. 115–232 renumbered section 6911 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–232 renumbered section 6911 of this title as this section.
Enacted provision · exact public law section
(1) In general.— Except as provided in paragraph (2), each section in part III of such subtitle is 10 USC 8411–8413, 8415, 8431, 8451–8456, 8458–8481, 8541–8550, 8581–8588. redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 1,500.
Effective date note
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.

3 of 10 references resolved to an enrolled provision · 7 partial

Notes

historicalAndRevision

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 provision which distinguishes members of the reserve components 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 discharge from a regular component must precede enlistment 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

Amendments1958–2018 · 4 rounds

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” before “citizens” and “enlisted”.

1958

Subsec. (a). Pub. L. 85–578 substituted “naval service” for “Naval Reserve and the Marine Corps Reserve”, made changes in phraseology including the substitution of “designated” for “transferred”, and specified consent as requisite for designation as aviation cadet.

Subsec. (b). Pub. L. 85–578 struck out “at least” before “20 percent” and “who, with their consent, are discharged for the purpose of enlisting as aviation cadets” after “Regular Marine Corps”.

Subsec. (c). Pub. L. 85–578 designated existing provisions as cls. (1) and (2), made phraseological changes including the substitution of “designated” for “transferred”, 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.

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.

Credits

1956–2018 · 5 acts

1956Aug. 10, 1956, ch. 1041, 70A Stat. 426, § 6911
1958Pub. L. 85–578, July 31, 1958, 72 Stat. 456
1980Pub. L. 96–513, title III, § 373(f), Dec. 12, 1980, 94 Stat. 2903
2006Pub. L. 109–163, div. A, title V, § 515(b)(1)(N), Jan. 6, 2006, 119 Stat. 3233
2018renumbered § 8411, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.

Show as published

(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.)