
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(g)(2)]
[CITE: 10USC971]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
          CHAPTER 49--MISCELLANEOUS PROHIBITIONS AND PENALTIES
 
Sec. 971. Service credit: officers may not count service 
        performed while serving as cadet or midshipman
        
    (a) Prohibition on Counting Enlisted Service Performed While at 
Service Academy or in Naval Reserve.--The period of service under an 
enlistment or period of obligated service while also performing service 
as a cadet or midshipman or serving as a midshipman in the Naval Reserve 
may not be counted in computing, for any purpose, the length of service 
of an officer of an armed force or an officer in the Commissioned Corps 
of the Public Health Service.
    (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.

    (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.

(Added Pub. L. 85-861, Sec. 1(20), Sept. 2, 1958, 72 Stat. 1442; amended 
Pub. L. 90-235, Sec. 6(a) (1), Jan. 2, 1968, 81 Stat. 761; Pub. L. 98-
557, Sec. 17(a), Oct. 30, 1984, 98 Stat. 2867; Pub. L. 101-189, div. A, 
title VI, Sec. 652(a)(1)(A), (2), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 
104-201, div. A, title V, Sec. 581, Sept. 23, 1996, 110 Stat. 2537; Pub. 
L. 105-85, div. A, title X, Sec. 1073(a)(13), Nov. 18, 1997, 111 Stat. 
1900.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
971...................................  50:1414.                             Ju
ne 25, 1956, ch. 439, Sec.  4, 70
                                                                              S
tat. 333.
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---------------------------------

                               Amendments

    1997--Subsec. (b)(4). Pub. L. 105-85 substituted ``Commissioned 
Corps'' for ``commissioned corps''.
    1996--Pub. L. 104-201, Sec. 581(c)(3), struck out ``enlisted'' after 
``count'' in section catchline.
    Subsec. (a). Pub. L. 104-201, Sec. 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''.
    Subsec. (b). Pub. L. 104-201, Sec. 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.''
    Subsec. (c). Pub. L. 104-201, Sec. 581(c)(1), added subsec. (c).
    1989--Subsec. (a). Pub. L. 101-189, Sec. 652(a)(1)(A), struck out 
``, under an appointment accepted after June 25, 1956,'' after ``Naval 
Reserve''.
    Subsec. (b)(1). Pub. L. 101-189, Sec. 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''.
    Subsec. (b)(2). Pub. L. 101-189, Sec. 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''.
    1984--Subsec. (b)(3). Pub. L. 98-557 added par. (3).
    1968--Pub. L. 90-235 designated existing provisions as subsec. (a) 
and added subsec. (b).


  Application of Subsection (a) to Service Under Appointment Accepted 
                          Before June 26, 1956

    Section 652(a)(1)(B) of Pub. L. 101-189 provided that: ``The 
limitation in section 971(a) of title 10, United States Code, shall not 
apply with respect to a period of service referred to in that section 
while also serving under an appointment as a cadet or midshipman 
accepted before June 26, 1956.''
