10 U.S.C. § 8459 | Midshipmen: service obligation

(a)

Each midshipman shall sign an agreement with respect to the midshipman’s length of service in the armed forces. The agreement shall provide that the midshipman agrees to the following:

(1)

That the midshipman will complete the course of instruction at the Naval Academy.

(2)

That upon graduation from the Naval Academy the midshipman—

(A)

will accept an appointment, if tendered, as a commissioned officer of the Regular Navy, the Regular Marine Corps, or the Regular Air Force; and

(B)

will serve on active duty for at least five years immediately after such appointment.

(3)

That if an appointment described in paragraph (2) is not tendered or if the midshipman is permitted to resign as a regular officer before completion of the commissioned service obligation of the midshipman, the midshipman—

(A)

will accept an appointment as a commissioned officer in the Navy Reserve or the Marine Corps Reserve or as a Reserve in the Air Force for service in the Air Force Reserve; and

(B)

will remain in that reserve component until completion of the commissioned service obligation of the midshipman.

(4)

section 2121 of this title section 2123 of this title That if an appointment described in paragraph (2) or (3) is tendered and the midshipman participates in a program under , the midshipman will fulfill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred under for participation in such program.

(5)

That the midshipman may not obtain employment as a professional athlete until two years after the midshipman graduates from the Academy.

(b)

(1)

section 651(a) of this title Subject to paragraph (4), the Secretary of the Navy may transfer to the Navy Reserve or the Marine Corps Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed four years), a midshipman who breaches an agreement under subsection (a). The period of time for which a midshipman is ordered to active duty under this paragraph may be determined without regard to .

(2)

A midshipman who is transferred to the Navy Reserve or Marine Corps Reserve under paragraph (1) shall be transferred in an appropriate enlisted grade or rating, as determined by the Secretary.

(3)

For the purposes of paragraph (1), a midshipman shall be considered to have breached an agreement under subsection (a) if the midshipman is separated from the Naval Academy under circumstances which the Secretary determines constitute a breach by the midshipman of the midshipman’s agreement to complete the course of instruction at the Naval Academy and accept an appointment as a commissioned officer upon graduation from the Naval Academy.

(4)

Each academic year, the Secretary of the Navy may transfer not more than five midshipmen, who obtain employment in violation of paragraph (5) of subsection (a), to the Selected Reserve of the Navy or the Selected Reserve of the Marine Corps. Each midshipman so transferred shall—

(A)

serve as a commissioned officer—

(i)

in an appropriate grade or rating, determined by the Secretary of the Navy; and

(ii)

for a period, determined by the Secretary of the Navy, not longer than 10 years; and

(B)

while so serving, participate in efforts to recruit and retain members of the armed forces.

(c)

The Secretary of the Navy shall prescribe regulations to carry out this section. Those regulations shall include—

(1)

standards for determining what constitutes, for the purpose of subsection (b), a breach of an agreement under subsection (a);

(2)

that a midshipman who obtains employment as a professional athlete—

(A)

in violation of paragraph (5) of subsection (a) has breached an agreement under such subsection unless such midshipman receives a transfer under paragraph (4) of subsection (b); and

(B)

at least two years after the midshipman graduates from the Academy has not breached an agreement under subsection (a);

(3)

procedures for determining whether such a breach has occurred; and

(4)

standards for determining the period of time for which a person may be ordered to serve on active duty under subsection (b).

(d)

In this section, “commissioned service obligation”, with respect to a midshipman, means the period beginning on the date of the midshipman’s appointment as a commissioned officer and ending on the sixth anniversary of such appointment or, at the discretion of the Secretary of Defense, any later date up to the eighth anniversary of such appointment.

(e)

(1)

This section does not apply to a midshipman who is not a citizen or national of the United States.

(2)

In the case of a midshipman who is a minor and who has parents or a guardian, the midshipman may sign the agreement required by subsection (a) only with the consent of a parent or guardian.

(f)

A midshipman or former midshipman who does not fulfill each term of the agreement as specified under subsection (a), or an alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of section 303a(e) or 373 of title 37.

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
6959	34 U.S.C. 1048.	June 30, 1950, ch. 421, § 3, 64 Stat. 304.

34 U.S.C. 1048The words “Hereafter” and “appointed to the United States Naval Academy” are omitted as surplusage. The words “an agreement that * * * he will” are substituted for the words “articles * * * by which he shall engage”. The word “separated” is substituted for the words “discharged by competent authority”. The words “if tendered an appointment”, “upon graduation from the United States Naval Academy”, and “consecutive” are omitted as surplusage. The words “if he is permitted to resign” are substituted for the words “in the event of the acceptance of his resignation”, since a resignation is effective only if accepted. The first 43 words of clause (3) are substituted for (last 30 words of clause (3)). The last sentence is substituted for the words “with the consent of his parents or guardian if he be a minor, and if any he have.”

Editorial Notes

Amendments

Pub. L. 119–602025—Subsec. (b)(4). substituted “five” for “three” in introductory provisions.

Pub. L. 118–159, § 557(b)(1)2024—, substituted “service obligation” for “agreement for length of service” in section catchline.

Pub. L. 118–159, § 557(b)(2)(A)Subsec. (b)(1). , substituted “Subject to paragraph (4), the Secretary of the Navy” for “The Secretary of the Navy”.

Pub. L. 118–159, § 557(b)(2)(B)Subsec. (b)(4). , added par. (4) and struck out former par. (4) which read as follows: “A midshipman who violates paragraph (5) of subsection (a) is not eligible for the alternative obligation under paragraph (1).”

Pub. L. 118–159, § 557(b)(3)Subsec. (c)(2)(A). , inserted “unless such midshipman receives a transfer under paragraph (4) of subsection (b)” before “; and”.

Pub. L. 118–159, § 557(b)(4)Subsec. (f). , substituted “an alternative obligation” for “the alternative obligation”.

Pub. L. 117–263, § 553(b)(1)2022—Subsec. (a)(5). , amended par. (5) generally. Prior to amendment, par. (5) read as follows: “That the midshipman—

“(A) will not seek release from the midshipman’s commissioned service obligation or seek or accept approval for off-duty employment while completing the midshipman’s commissioned service obligation to obtain employment as a professional athlete following graduation until the midshipman completes a period of at least two consecutive years of commissioned service; and

“(B) understands that the appointment alternative described in paragraph (3) will not be used to allow the midshipman to obtain such employment until at least the end of that two-year period.”

Pub. L. 117–263, § 553(b)(2)Subsec. (b)(4). , added par. (4).

Pub. L. 117–263, § 553(b)(3)Subsec. (c)(2) to (4). , added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

Pub. L. 117–263, § 553(b)(4)Subsec. (d). , substituted “with respect to a midshipman” for “with respect to an officer who is a graduate of the Academy” and “midshipman’s” for “officer’s”.

Pub. L. 117–263, § 553(b)(5)Subsec. (f). , substituted “each term” for “the terms”.

Pub. L. 116–922019—Subsec. (a)(5)(A). inserted “or seek or accept approval for off-duty employment while completing the midshipman’s commissioned service obligation” before “to obtain employment”.

Pub. L. 115–232 section 6959 of this title2018— renumbered as this section.

Pub. L. 115–91, § 543(b)2017—Subsec. (a)(5). , added par. (5).

Pub. L. 115–91, § 618(a)(1)(L)Subsec. (f). , inserted “or 373” before “of title 37”.

Pub. L. 111–3832011—Subsec. (a)(4). added par. (4).

Pub. L. 111–842009—Subsec. (f). substituted “subsection (a)” for “section (a)”.

Pub. L. 109–163, § 515(b)(1)(S)2006—Subsecs. (a)(3)(A), (b)(1), (2). , substituted “Navy Reserve” for “Naval Reserve”.

Pub. L. 109–163, § 687(c)(10)Subsec. (f). , added subsec. (f).

Pub. L. 104–1061996—Subsec. (a)(2)(B). substituted “five years” for “six years”.

Pub. L. 101–1891989—Subsec. (a)(2)(B). substituted “six years” for “five years”.

Pub. L. 99–1451985— amended section generally. Prior to amendment, section read as follows:

“(a) Each midshipman who is a citizen or national of the United States shall sign an agreement that he will—

“(1) unless sooner separated from the Naval Academy, complete the course of instruction at the Naval Academy;

“(2) accept an appointment and, unless sooner separated from the naval service, serve as a commissioned officer of the Regular Navy, the Regular Marine Corps, or the Regular Air Force for at least five years immediately after graduation; and

“(3) accept an appointment as a commissioned officer in the reserve component of the Navy or the Marine Corps or as a Reserve in the Air Force for service in the Air Force Reserve and, unless sooner separated from the naval service, remain therein until at least the sixth anniversary and, at the direction of the Secretary of Defense, up to the eighth anniversary of his graduation if an appointment in the regular component of that armed force is not tendered to him or if he is permitted to resign as a commissioned officer of that component before that anniversary.

If the midshipman is a minor and has parents or a guardian, he may sign the agreement only with the consent of the parents or guardian.

section 651 of this title“(b) A midshipman who does not fulfill his agreement under subsection (a) may be transferred by the Secretary of the Navy to the Naval Reserve or the Marine Corps Reserve in an appropriate enlisted grade or rating, and, notwithstanding , may be ordered to active duty to serve in that grade or rating for such period of time as the Secretary prescribes but not for more than four years.”

Pub. L. 98–525, § 541(b)1984—Subsec. (a). , struck out “, unless sooner separated,” in introductory text preceding “he will”; inserted in cl. (1) “unless sooner separated from the Naval Academy,”; and inserted “, unless sooner separated from the naval service,” in cls. (2) and (3).

Pub. L. 98–525, § 542(c)Subsec. (a)(3). , substituted “at least the sixth anniversary and, at the direction of the Secretary of Defense, up to the eighth anniversary” for “the sixth anniversary”.

Pub. L. 88–6471964— designated existing provisions as subsec. (a) and added subsec. (b).

Pub. L. 88–276Subsec. (a)(2). substituted “five” for “three”.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–263June 1, 2021section 553(d) of Pub. L. 117–263 section 202(a) of Pub. L. 117–328 section 7448 of this titleAmendment by only applicable to cadets or midshipmen who first enroll in the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy on or after , see , as added by , set out as a note under .

Effective Date of 2018 Amendment

Pub. L. 115–232Feb. 1, 2019section 800 of Pub. L. 115–232 section 3001 of this titleAmendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .

Effective Date of 2017 Amendment

Dec. 12, 2017section 543(d) of Pub. L. 115–91 section 7448 of this titleRevised cadet and midshipman service agreements under this section and sections 7448 and 9448 of this title applicable to cadets and midshipmen who are attending the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy on , and to persons who begin attendance at such military service academies on or after that date, see , set out as a note under .

Effective Date of 1996 Amendment

Pub. L. 104–106Dec. 31, 1991section 531(e) of Pub. L. 104–106 section 7448 of this titleAmendment by applicable to persons first admitted to United States Military Academy, United States Naval Academy, and United States Air Force Academy after , see , set out as a note under .

Effective Date of 1989 Amendment

Pub. L. 101–189Dec. 31, 1991section 511(e) of Pub. L. 101–189 section 2114 of this titleAmendment by applicable to persons who are first admitted to one of the military service academies after , see , as amended, set out as a note under .

Effective Date of 1985 Amendment

Pub. L. 99–145 section 512(e) of Pub. L. 99–145 section 7448 of this titleAmendment by (other than with respect to the authority of the Secretary of the Navy to prescribe regulations) effective on the date on which regulations prescribed by the Secretary take effect and applicable to agreements entered into under this section on or after the effective date of such regulations and also with respect to each such agreement that was entered into before the effective date of such regulations by an individual who is a midshipman on such date, see , set out as a note under .

Effective Date of 1984 Amendment

section 541(b) of Pub. L. 98–525Oct. 19, 1984section 541(d) of Pub. L. 98–525 section 7448 of this titleAmendment by applicable with respect to agreements entered into under this section before, on, or after , see , set out as a note under .

Effective Date of 1964 Amendment; Obligated Period of Service

Pub. L. 88–276 section 5(c) of Pub. L. 88–276 section 7448 of this titleFor effective date of amendment by , see , set out as a note under .

Regulations Implementing 1985 Amendment

Pub. L. 99–145Nov. 8, 1985section 512(d) of Pub. L. 99–145 section 7448 of this titleSecretary of the Navy to prescribe regulations required by subsec. (c) of this section as added by not later than the end of the 90-day period beginning on , see , set out as a note under .

Savings Provision

Apr. 1, 2006section 687(c) of Pub. L. 109–163 section 687(f) of Pub. L. 109–163 section 510 of this titleFor savings provision relating to payment or repayment of any bonus, incentive pay, special pay, or similar pay obligated to be paid before , under a provision of this section amended by , see , set out as a note under .

Department of Defense Policy on Service Academy and ROTC Graduates Seeking To Participate in Professional Sports Before Completion of Their Active-Duty Service Obligations

July 1, 2007section 533 of Pub. L. 109–364 section 7448 of this titleSecretary of Defense to prescribe, not later than , Department of Defense policy on whether to authorize service academy and ROTC graduates to participate in professional sports before the completion of their obligations for service on active duty, see , set out as a note under .