§ 971. Service credit: officers may not count service performed while serving as cadet or midshipman

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.

1. 1958

   Pub. L. 85–861 § 1(20) · 72 Stat. 1437

   Enacted · 10 U.S.C. § 971

   Added Pub. L. 85–861, § 1(20), Sept. 2, 1958, 72 Stat. 1442

   Source evidence

   Code source credit
   Added Pub. L. 85–861, § 1(20), Sept. 2, 1958, 72 Stat. 1442

   Enacted provision · exact public law section
   (1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”

2. 1968

   Pub. L. 90–235 § 6(a) · 81 Stat. 753

   1. Amended · 10 U.S.C. § 971

      Pub. L. 90–235 designated existing provisions as subsec. (a)

   2. Added · 10 U.S.C. § 971

      Pub. L. 90–235 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 90–235 designated existing provisions as subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   (a) Title 10, United States Code, is amended as follows: (1) Section 971 is amended by inserting the designation “(a)” 72 Stat. 1442. before the words “The period of” and adding the following new subsection: “(b) In computing length of service for any purpose— “(1) no officer of the Navy or Marine Corps may be credited with service as a midshipman at the United States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy, if he was appointed as a midshipman or cadet after March 4, 1913; and “(2) no commissioned officer of the Army or Air Force may be credited with service as a midshipman at the United States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy, if he was appointed as a midshipman or cadet after August 24, 1912.” (2) Sections 3682, 6116, and 8682 are repealed. Repeals. 70A Stat. 210. (3) The analysis of chapter 353 is amended by striking out the following item: “3682. Service credit: officers; service as cadet not counted.” (4) The analysis of chapter 559 is amended by striking out the following item: “6116. Service credit: officers; service as midshipman or cadet not counted.” (5) The analysis of chapter 853 is amended by striking out the following item: “8682. Service credit: officers; service as cadet not counted.” (6) Chapter 49 is amended— (A) by adding the following new section: “§ 974. Civilian employment: enlisted members 70A Stat. 388. “Except as provided in section 6223 of this title no enlisted member of an armed force on active duty may be ordered or permitted to leave his post to engage in a civilian pursuit or business, or a performance in civil life, for emolument, hire, or otherwise, if the pursuit, business, or performance interferes with the customary or regular employment of local civilians in their art, trade, or profession.”: and (B) by adding the following new item at the end of the analysis: “974. Civilian employment: enlisted members.” (7) Sections 3635, 6114, and 8635 are repealed. (8) The analysis of chapter 349 is amended by striking out the following item: “3635. Enlisted members: restriction on civilian employment.” (9) The analysis of chapter 559 is amended by striking out the following item: “6114. Civilian employment: enlisted members” (10) The analysis of chapter 849 is amended by striking out the following item: “8635. Enlisted members: restriction on civilian employment.”

3. 1984

   Coast Guard Authorization Act of 1984

   Pub. L. 98–557 § 17(a) · 98 Stat. 2860

   Added · 10 U.S.C. § 971(b)(3)

   Pub. L. 98–557 added par. (3)

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 98–557 added par. (3).

   Enacted provision · exact public law section
   (a) Section 971(b) of title 10, United States Code, is amended— (1) by striking “and” at the end of clause (1); (2) by striking the period at the end of clause (2) and inserting in lieu thereof and”; and (3) by adding at the end thereof the following: “(3) no officer of the Coast Guard may be credited with service as a midshipman at the United States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy.”.

4. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 § 652(a)(1)(A) · 103 Stat. 1352

   Struck · 10 U.S.C. § 971(a)

   Pub. L. 101–189, § 652(a)(1)(A), struck out “, under an appointment accepted after June 25, 1956,” after “Naval Reserve”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–189, § 652(a)(1)(A), struck out “, under an appointment accepted after June 25, 1956,” after “Naval Reserve”.

   Enacted provision · exact public law section
   (A) Section 971(a) is amended by striking out “, under an appointment accepted after June 25, 1956,”.

5. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 § 652(a)(2)(A) · 103 Stat. 1352

   Struck · 10 U.S.C. § 971(b)(1)

   Pub. L. 101–189, § 652(a)(2)(A), struck out “, if he was appointed as a midshipman or cadet after March 4, 1913” after “United States Coast Guard Academy”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 101–189, § 652(a)(2)(A), struck out “, if he was appointed as a midshipman or cadet after March 4, 1913” after “United States Coast Guard Academy”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking out “, if he was appointed as a midshipman or cadet after March 4, 1913”; and

6. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 § 652(a)(2)(B) · 103 Stat. 1352

   Struck · 10 U.S.C. § 971(b)(2)

   Pub. L. 101–189, § 652(a)(2)(B), struck out “, if he was appointed as a midshipman or cadet after August 24, 1912” after “United States Coast Guard Academy”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 101–189, § 652(a)(2)(B), struck out “, if he was appointed as a midshipman or cadet after August 24, 1912” after “United States Coast Guard Academy”.

   Enacted provision · exact public law section
   (B) in paragraph (2), by striking out”, if he was appointed as a midshipman or cadet after August 24, 1912”.

7. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 581(c)(3) · 110 Stat. 2422

   Struck · 10 U.S.C. § 971

   Pub. L. 104–201, § 581(c)(3), struck out “enlisted” after “count” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 104–201, § 581(c)(3), struck out “enlisted” after “count” in section catchline.

   Enacted provision · exact public law section
   (3) The heading of such section, and the item relating to such section in the table of sections at the beginning of chapter 49 of such title, are amended by striking out the seventh word.

8. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 581(a) · 110 Stat. 2422

   1. Inserted · 10 U.S.C. § 971(a)

      Pub. L. 104–201, § 581(a), (c)(2), inserted heading

   2. Substituted · 10 U.S.C. § 971(a)

      Pub. L. 104–201, § 581(a), (c)(2), substituted “while also performing service as a cadet or midshipman or serving as a midshipman” for “while also serving as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy or”

   3. Inserted · 10 U.S.C. § 971(a)

      Pub. L. 104–201, § 581(a), (c)(2), inserted before period at end “or an officer in the Commissioned Corps of the Public Health Service”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–201, § 581(a), (c)(2), inserted heading, substituted “while also performing service as a cadet or midshipman or serving as a midshipman” for “while also serving as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy or”, and inserted before period at end “or an officer in the Commissioned Corps of the Public Health Service”.

   Enacted provision · exact public law section
   (a) Prohibition on Counting Enlisted Service Performed While at Service Academy.— Subsection (a) of section 971 of title 10, United States Code, is amended by inserting before the period at the end the following: “or an officer in the Commissioned Corps of the Public Health Service”.

9. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 § 581(b) · 110 Stat. 2422

   Amended · 10 U.S.C. § 971(b)

   Pub. L. 104–201, § 581(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “In computing length of service for any purpose—

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–201, § 581(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “In computing length of service for any purpose—

   “(1) no officer of the Navy or Marine Corps may be credited with service as a midshipman at the United States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy; “(2) no commissioned officer of the Army or Air Force may be credited with service as a midshipman at the United States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy; and “(3) no officer of the Coast Guard may be credited with service as a midshipman at the United States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy.”

   Enacted provision · exact public law section
   (b) Prohibition on Counting Service as a Cadet or Midshipman.— Subsection (b) of such section is amended to read as follows: “(b) Prohibition on Counting Service as a Cadet or Midshipman.— In computing length of service for any purpose, service as a cadet or midshipman may not be credited to any of the following officers: “(1) An officer of the Navy or Marine Corps. “(2) A commissioned officer of the Army or Air Force. “(3) An officer of the Coast Guard. “(4) An officer in the commissioned corps of the Public Health Service.”.

10. 1996

    National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 § 581(c)(1) · 110 Stat. 2422

    Added · 10 U.S.C. § 971(c)

    Pub. L. 104–201, § 581(c)(1), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–201, § 581(c)(1), added subsec. (c).

    Enacted provision · exact public law section
    (1) Such section is further amended by adding at the end the following new subsection: “(c) Service as a Cadet or Midshipman Defined.— In this section, the term ‘service as a cadet or midshipman’ means— “(1) service as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy; or “(2) service as a midshipman at the United States Naval Academy.”

11. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 div. A title X § 1073(a)(13) · 111 Stat. 1629

    Substituted · 10 U.S.C. § 971(b)(4)

    Pub. L. 105–85 substituted “Commissioned Corps” for “commissioned corps”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 105–85 substituted “Commissioned Corps” for “commissioned corps”.

    Enacted provision · exact public law section
    (13) Section 971(b)(4) is amended by capitalizing the first letter of the fifth and sixth words.

12. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title V § 515(b)(1)(D) · 119 Stat. 3136

    Substituted · 10 U.S.C. § 971(a)

    Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve” in text

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve” in heading and “Navy Reserve” for “Naval Reserve” in text.

    Enacted provision · exact public law section
    (D) Section 971(a).

13. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 924(b)(22) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 971(b)(2)

    Pub. L. 116–283 substituted “, Air Force, or Space Force” for “or Air Force”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 116–283 substituted “, Air Force, or Space Force” for “or Air Force”.

    Enacted provision · exact public law section
    (22) Service as cadet or midshipman not counted for length of service.— Section 971(b)(2) of such title is amended by striking “or Air Force” and inserting “, Air Force, or Space Force”.

16 of 16 references resolved to an enrolled provision