
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: 10USC541]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
 CHAPTER 33--ORIGINAL APPOINTMENTS OF REGULAR OFFICERS IN GRADES ABOVE 
                         WARRANT OFFICER GRADES
 
Sec. 541. Graduates of the United States Military, Naval, and 
        Air Force Academies
        
    (a) Notwithstanding any other provision of law, each cadet at the 
United States Military Academy or the United States Air Force Academy, 
and each midshipman at the United States Naval Academy, is entitled, 
before graduating from that Academy, to state his preference for 
appointment, upon graduation, as a commissioned officer in either the 
Army, Navy, Air Force, or Marine Corps.
    (b) With the consent of the Secretary of the military department 
administering the Academy from which the cadet or midshipman is to be 
graduated, and of the Secretary of the military department having 
jurisdiction over the armed force for which that graduate stated his 
preference, the graduate is entitled to be accepted for appointment in 
that armed force. However, not more than 12\1/2\ percent of any 
graduating class at an Academy may be appointed in armed forces not 
under the jurisdiction of the military department administering that 
Academy.
    (c) The Secretary of Defense shall, by regulation, provide for the 
equitable distribution of appointments in cases where more than 12\1/2\ 
percent of the graduating class of any Academy request appointment in 
armed forces not under the jurisdiction of the military department 
administering that Academy.

(Aug. 10, 1956, ch. 1041, 70A Stat. 19.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
541(a)................................  10:1092c-1(a) (1st 59 words of 1st   Ap
r. 1, 1954, ch. 127, Sec.  8, 68
                                         sentence).                           S
tat. 48.
                                        10:1856(a) (1st 59 words of 1st
                                         sentence).
                                        34:1057-1(a) (1st 59 words of 1st
                                         sentence).
541(b)................................  10:1092c-1(a) (1st sentence, less
                                         1st 59 words).
                                        10:1856(a) (1st sentence, less 1st
                                         59 words).
                                        34:1057-1(a) (1st sentence, less
                                         1st 59 words).
541(c)................................  10:1092c-1 (less (a)).
                                        10:1856 (less (a)).
                                        34:1057-1 (less (a)).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``is entitled * * * to'' are 
substituted for the words ``shall * * * be afforded an opportunity to''.
    In subsection (b), the words ``is entitled'' are substituted for the 
word ``shall''.
    In subsection (c), the words ``and fair'' are omitted as surplusage. 
10:1092c-1(c), 10:1856(c), and 34:1057-1(c) are omitted as covered by 
section 51(a) of the bill.


                             Effective Date

    Section 52(a) of act Aug. 10, 1956, provided that: ``Section 541 of 
title 10, United States Code, enacted by section 1 of this Act, takes 
effect (1) in the year in which the initial class graduates from the 
United States Air Force Academy, or (2) upon the rescission of the 
agreement under which graduates of the United States Military Academy 
and the United States Naval Academy may volunteer for appointment in the 
Air Force, whichever is earlier.''


  Appointment of United States Military Academy Graduates in Air Force

    Section 44 of act Aug. 10, 1956, provided that:
    ``(a) Notwithstanding any other provision of law, a cadet who 
graduates from the United States Military Academy may, upon graduation 
and before the effective date of section 541 of title 10, United States 
Code, be appointed a second lieutenant in the Regular Air Force.
    ``(b) Notwithstanding any other provision of law, no person who was 
a cadet at the United States Military Academy may be originally 
appointed in a commissioned grade in the Regular Air Force under this 
section before the date on which his classmates at the Academy are 
graduated and appointed as officers. No person who was a cadet at, but 
did not graduate from, the Academy may be credited, upon appointment as 
a commissioned officer of the Regular Air Force, with longer service 
than that credited to any member of his class at the Academy whose 
service in the Air Force, or in the Army and the Air Force, has been 
continuous since graduation.
    ``(c) A graduate of the United States Military Academy who is 
originally appointed a second lieutenant in the Regular Air Force under 
this section is not entitled to any service credit under this section.
    ``(d) Rank among graduates of each class of the United States 
Military Academy who, upon graduation, are appointed in the Regular Air 
Force under this section shall be fixed under regulations prescribed by 
the Secretary of the Air Force.
    ``(e) The authorized strength in any regular grade is automatically 
increased to the minimum extent necessary to give effect to each 
appointment made under this section. An authorized strength so increased 
is increased for no other purpose, and while he holds that grade the 
officer whose appointment caused the increase is counted for the purpose 
of determining when other appointments, not under this section, may be 
made in that grade.''

                  Section Referred to in Other Sections

    This section is referred to in section 583 of this title.
