
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC516]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                         CHAPTER 31--ENLISTMENTS
 
Sec. 516. Effect upon enlisted status of acceptance of 
        appointment as cadet or midshipman
        
    (a) The enlistment or period of obligated service of an enlisted 
member of the armed forces who accepts an appointment 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 in the Naval Reserve, may not be terminated 
because of the acceptance of that appointment. However, while serving as 
a cadet or midshipman at an Academy, he is entitled only to the pay, 
allowances, compensation, pensions, and other benefits provided by law 
for such a cadet or midshipman or, if he is a midshipman in the Naval 
Reserve, to the compensation and emoluments of a midshipman in the Naval 
Reserve.
    (b) If a person covered by subsection (a) is separated from service 
as a cadet or midshipman, or from service as a midshipman in the Naval 
Reserve, for any reason other than his appointment as a commissioned 
officer of a regular or reserve component of an armed force or because 
of a physical disability, he resumes his enlisted status and shall 
complete the period of service for which he was enlisted or for which he 
has an obligation, unless he is sooner discharged. In computing the 
unexpired part of an enlistment or period of obligated service for the 
purposes of this subsection, all service as a cadet or midshipman is 
counted as service under that enlistment or period of obligated service.

(Added Pub. L. 85-861, Sec. 1(9)(A), Sept. 2, 1958, 72 Stat. 1439.)

                                          Historical and Revision Notes
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            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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516(a)................................  50:1411.                             Ju
ne 25, 1956, ch. 439, Secs.  1,
516(b)................................  50:1412.                              2
, 70 Stat. 333.
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    In subsection (a), the words ``on or after June 25, 1956'' are 
omitted as executed. The words ``Regular, Reserve'' and ``during the 
continuation of the cadet or midshipman status of such member'' are 
omitted as surplusage. The words ``if he is a midshipman in the Naval 
Reserve * * * of a midshipman in the Naval Reserve'' are substituted for 
the words ``accruing to such reserve midshipman by virtue of his status 
in the Naval Reserve''.
    In subsection (b), the words ``a person covered by subsection (a)'' 
are substituted for 50:1412 (1st 84 words of 1st sentence). The words 
``his appointment as a commissioned officer of'' are substituted for the 
words ``the acceptance of a commission in''. The words ``and shall 
complete the period of service for which he was enlisted or for which he 
has an obligation, unless he is sooner discharged'' are substituted for 
50:1412 (2d sentence). The words ``promoted or'' are omitted as 
unnecessary, since the only kind of promotion involved is that to 
officer, in which case the member is discharged from his enlisted 
status. The words ``as service under that enlistment'' are substituted 
for the words ``as time serviced under such contract''.
