
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC4346]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART III--TRAINING
 
               CHAPTER 403--UNITED STATES MILITARY ACADEMY
 
Sec. 4346. Cadets: requirements for admission

    (a) To be eligible for admission to the Academy a candidate must be 
at least 17 years of age and must not have passed his twenty-third 
birthday on July 1 of the year in which he enters the Academy.
    (b) To be admitted to the Academy, an appointee must show, by an 
examination held under regulations prescribed by the Secretary of the 
Army, that he is qualified in the subjects prescribed by the Secretary.
    (c) A candidate designated as a principal or an alternate for 
appointment as a cadet shall appear for physical examination at a time 
and place designated by the Secretary.
    (d) To be admitted to the Academy, an appointee must take and 
subscribe to the following oath--
    ``I, ________________________, do solemnly swear that I will support 
the Constitution of the United States, and bear true allegiance to the 
National Government; that I will maintain and defend the sovereignty of 
the United States, paramount to any and all allegiance, sovereignty, or 
fealty I may owe to any State or country whatsoever; and that I will at 
all times obey the legal orders of my superior officers, and the Uniform 
Code of Military Justice.''

If a candidate for admission refuses to take this oath, his appointment 
is terminated.

(Aug. 10, 1956, ch. 1041, 70A Stat. 242; Pub. L. 104-201, div. A, title 
V, Sec. 555(b), Sept. 23, 1996, 110 Stat. 2527.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
4346(a)...............................  10:1092b (less provisos).            Ju
ne 30, 1950, ch. 421, Sec.  2
4346(b)...............................  10:1096.                              (
less provisos), 64 Stat. 304.
4346(c)...............................  10:1095.
4346(d)...............................  10:1099.                             R.
S. 1319; restated Mar. 2, 1901,
                                                                              c
h. 804 (1st proviso under
                                                                              `
`Permanent Establishment''), 31
                                                                              S
tat. 911.
                                        ...................................  Au
g. 9, 1912, ch. 275 (2d proviso
                                                                              u
nder ``Permanent
                                                                              E
stablishment''), 37 Stat. 252.
                                                                             R.
S. 1320.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``Effective January 1, 1951'' are 
omitted as executed. The word ``Calendar'' is omitted as surplusage. The 
words ``must not have passed his twenty-second birthday'' are 
substituted for the words ``not more than twenty-two years of age'', to 
make it clear that a person whose twenty-second birthday falls on July 1 
of the year of admission is eligible (see opinion of the Judge Advocate 
General of the Army (JAGA 1952/7083, 2 Sept. 1952)).
    In subsection (b), the words ``To be'' are substituted for the words 
``before they shall be''. The words ``must show * * * that he is 
qualified'' are substituted for the words ``shall be required to be well 
versed''. The words ``from time to time'' are omitted as surplusage.
    In subsection (c), the word ``shall'' is substituted for the word 
``may'', since the nominee is required to appear for the examination. 
The word ``appear'' is substituted for the words ``present himself''. 
The words ``at a place'' are substituted for the words ``at West Point, 
New York, or other prescribed places''.
    In subsection (d), the word ``county'' is omitted as surplusage. The 
words ``Uniform Code of Military Justice'' are substituted for the words 
``rules and articles governing the armies of the United States'', since 
the Articles of War have been superseded by the Uniform Code of Military 
Justice. The words ``his appointment is terminated'' are substituted for 
the words ``shall be dismissed from the service'', since a cadet who has 
not taken the oath is not yet a member.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-201 substituted ``twenty-third 
birthday'' for ``twenty-second birthday''.


   Authority To Waive Maximum Age Limitation on Admission to Service 
 Academies for Certain Enlisted Members Who Served During Persian Gulf 
                                   War

    Pub. L. 102-190, div. A, title V, Sec. 514, Dec. 5, 1991, 105 Stat. 
1361, provided that:
    ``(a) Waiver Authority.--The Secretary of the military department 
concerned may waive the maximum age limitation in section 4346(a), 
6958(a)(1), or 9346(a) of title 10, United States Code, in the case of 
any enlisted member of the Armed Forces who--
        ``(1) becomes 22 years of age while serving on active duty in 
    the Persian Gulf area of operations in connection with Operation 
    Desert Storm during the Persian Gulf War; or
        ``(2) was a candidate for admission to the service academy under 
    the jurisdiction of such Secretary in 1990, was prevented from being 
    admitted to the academy during that year by reason of the service of 
    such person on active duty in the Persian Gulf area of operations in 
    connection with Operation Desert Storm, and became 22 years of age 
    after July 1, 1990, and before the end of such service in that area 
    of operations.
    ``(b) Definitions.--For purposes of this section:
        ``(1) The term `Operation Desert Storm' has the meaning given 
    such term in section 3(1) of the Persian Gulf Conflict Supplemental 
    Authorization and Personnel Benefits Act of 1991 (Public Law 102-25; 
    105 Stat. 77; 10 U.S.C. 101 note).
        ``(2) The term `Persian Gulf War' has the meaning given such 
    term in section 101(33) of title 38, United States Code.''


   Persons From Countries Assisting U.S. in Vietnam; Service Academy 
                      Instruction: Oath of Trainees

    Exemption from oath requirement of subsec. (d) of this section of 
appointees to the Military Academy, the Naval Academy, and the Air Force 
Academy from countries assisting U.S. in Vietnam, see Pub. L. 89-802, 
Sec. 1(g), Nov. 9, 1966, 80 Stat. 1519, set out as a note under section 
4344 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 4344 of this title.
