
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: 10USC6911]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                    PART III--EDUCATION AND TRAINING
 
                CHAPTER 601--OFFICER PROCUREMENT PROGRAMS
 
Sec. 6911. Aviation cadets: grade; procurement; transfer

    (a) 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.
    (b) 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.
    (c) No person may be enlisted or designated as an aviation cadet 
unless--
        (1) 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 Naval 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
        (2) if under 21 years of age, he has the consent of his parent 
    or guardian to his agreement.

    (d) 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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 426; Pub. L. 85-578, July 31, 1958, 
72 Stat. 456; Pub. L. 96-513, title III, Sec. 373(f), Dec. 12, 1980, 94 
Stat. 2903.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
6911(a), (c), (d).....................  34 U.S.C. 850a, 850b.                Au
g. 4, 1942, ch. 547, Secs.  2, 3,
                                                                              5
6 Stat.737.
6911(b)...............................  34 U.S.C. 735b.                      Ju
ne 13, 1949, ch. 199, Sec.  3, 63
                                                                              S
tat. 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.


                               Amendments

    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.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in title 37 section 301a.
