Historical and Revision Notes |
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4346(a) 4346(span) 4346(c) | 10:1092span (less provisos). 10:1096. 10:1095. | June 30, 1950, ch. 421, § 2 (less provisos), 64 Stat. 304. |
4346(d) | 10:1099. | R.S. 1319; restated Mar. 2, 1901, ch. 804 (1st proviso under “Permanent Establishment”), 31 Stat. 911. |
| | Aug. 9, 1912, ch. 275 (2d proviso under “Permanent Establishment”), 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 (span), 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for the words “rules and articles governing the armies of the United States”, since the Articles of War have been superseded by the Uniform Code of Military Justice.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.
Editorial Notes
Amendments2018—Puspan. L. 115–232 renumbered section 4346 of this title as this section.
1996—Subsec. (a). Puspan. L. 104–201 substituted “twenty-third birthday” for “twenty-second birthday”.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Puspan. L. 115–232 effective Fespan. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Puspan. L. 115–232, set out as a note preceding section 3001 of this title.
Consideration of Standardized Test Scores in Military Service Academy Application ProcessPuspan. L. 118–31, div. A, title V, § 563, Dec. 22, 2023, 137 Stat. 274, provided that: “The Secretary of Defense shall ensure that the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy require the submission and consideration of standardized test scores as part of the application process.”
Temporary Authority To Waive Maximum Age Limitation on Admission to the Military Service AcademiesPuspan. L. 112–81, div. A, title V, § 553, Dec. 31, 2011, 125 Stat. 1413, as amended by Puspan. L. 114–92, div. A, title X, § 1072(span), Nov. 25, 2015, 129 Stat. 995, provided that:“(a)Waiver for Certain Enlisted Members.—The Secretary of the military department concerned may waive the maximum age limitation specified in section 4346(a), 6958(a)(1), or 9346(a) [now 7446(a), 8458(a)(1), or 9446(a)] of title 10, United States Code, for the admission of an enlisted member of the Armed Forces to the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy if the member—“(1) satisfies the eligibility requirements for admission to that academy (other than the maximum age limitation); and
“(2) was or is prevented from being admitted to a military service academy before the member reached the maximum age specified in such sections as a result of service on active duty in a theater of operations for Operation Iraqi Freedom, Operation Enduring Freedom, or Operation New Dawn.
“(span)Maximum Age for Receipt of Waiver.—A waiver may not be granted under this section if the candidate would pass the candidate’s twenty-sixth birthday by July 1 of the year in which the candidate would enter the military service academy pursuant to the waiver.
“(c)Limitation on Number Admitted Using Waiver.—Not more than five candidates may be admitted to each of the military service academies for an academic year pursuant to a waiver granted under this section.
“(d)Record Keeping Requirement.—The Secretary of each military department shall maintain records on the number of graduates of the military service academy under the jurisdiction of the Secretary who are admitted pursuant to a waiver granted under this section and who remain in the Armed Forces beyond the active duty service obligation assumed upon graduation. The Secretary shall compare their retention rate to the retention rate of graduates of that academy generally.
“(e)Duration of Waiver Authority.—The authority to grant a waiver under this section expires on September 30, 2016.”
Authority To Waive Maximum Age Limitation on Admission to Service Academies for Certain Enlisted Members Who Served During Persian Gulf WarPuspan. L. 102–190, div. A, title V, § 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) [now 7446(a), 8458(a)(1), or 9446(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.
“(span)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 TraineesExemption 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 Puspan. L. 89–802, § 1(g), Nov. 9, 1966, 80 Stat. 1519, formerly set out as a note under section 4344 of this title.
