10 U.S.C. § 9137 | Regular Air Force: aviation cadets; qualifications, grade, limitations

(a)

The grade of aviation cadet is a special enlisted grade in the Regular Air Force.

(b)

Any citizen of the United States may be enlisted as an aviation cadet, if he is otherwise qualified.

(c)

Any enlisted member of the Regular Air Force who is otherwise qualified may be designated, with his consent, as an aviation cadet by the Secretary of the Air Force.

(d)

Except in time of war or of emergency declared by Congress, at least 20 percent of the aviation cadets designated in each fiscal year shall be selected from members of the Regular Air Force or the Regular Army who are eligible and qualified. 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 second lieutenant in the Air Force Reserve, and will serve on active duty as such for a period of 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.

(e)

While on active duty, an aviation cadet is entitled to uniforms, clothing, and equipment at the expense of the United States.

Aug. 10, 1956, ch. 1041 70A Stat. 504 Pub. L. 85–861, § 33(a)(37)Sept. 2, 195872 Stat. 1566 Pub. L. 96–513, title II, § 237Dec. 12, 198094 Stat. 2887 Pub. L. 115–232, div. A, title VIII, § 806(b)(2)Aug. 13, 2018132 Stat. 1832(, , § 8257; , , ; , , ; renumbered § 9137, , , .)

Historical and Revision Notes
1956 Act
Revised section	Source (U.S. Code)	Source (Statutes at Large)
8257(a) 8257(b)	10:297a. 10:299 (1st sentence, less last 19 words).	June 3, 1941, ch. 165, §§ 1, 3 (1st and 2d sentences), 55 Stat. 239.
8257(c)	10:291f–2 (less 1st 55 words of 1st proviso).	June 13, 1949, ch. 199, § 3, 63 Stat. 175.
	10:299 (last 19 words of 1st sentence).
8257(d)	10:291f–2 (1st 55 words of 1st proviso). 10:299 (2d sentence).

In subsection (b), the words “Under such regulations as the Secretary of the Army may prescribe” are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions.

In subsection (c), the words “who is otherwise qualified” and “with his consent” are substituted for 10: 291f–2 (less 1st 55 words of 1st proviso).

June 13, 1940June 13, 1949In subsection (d), the first sentence is substituted for 10:291f–2 (proviso). The words “after ” (the date of enactment of the source statute) are substituted for the word “hereafter”, in 10:291f–2. The words “after ”, in 10:291f–2, are omitted as executed. The first 17 words of the last sentence are substituted for 10:299 (1st 20 words of 2d sentence). Clause (2) is substituted for 10:299 (proviso of 2d sentence).

Act1958

10 U.S.C. 304August 10, 195670A Stat. 627May 29, 1957The new subsection (e) is necessary to reflect the last 11 words of the second sentence of section 4 of the Army Aviation Cadet Act (formerly ), which were omitted from the original military codification act, the Act of , chapter 1041, as part of the source law for section 20(b) of that Act (). See Senate Report No. 2484, 84th Congress, 2d Session, page 738. Since the source law did not permit the payment of a money allowance to an aviation cadet in place of the issuance of uniforms, clothing, and equipment, as may be done for enlisted members generally, it is necessary to restate this provision separately. See Opinion of the Deputy General Counsel, Department of Defense, .

Editorial Notes

Amendments

Pub. L. 115–232 section 8257 of this title2018— renumbered as this section.

Pub. L. 96–5131980—Subsec. (b). substituted “Any citizen” for “Any male citizen”.

Pub. L. 96–513Subsec. (c). substituted “Any enlisted member” for “Any male enlisted member”.

Pub. L. 85–8611958—Subsec. (e). added subsec. (e).

Statutory Notes and Related Subsidiaries

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 1980 Amendment

Pub. L. 96–513Sept. 15, 1981Pub. L. 96–513Dec. 12, 1980section 701 of Pub. L. 96–513 section 101 of this titleAmendment by effective , but the authority to prescribe regulations under the amendment by effective on , see , set out as a note under .

Effective Date of 1958 Amendment

Pub. L. 85–861Aug. 10, 1956section 33(g) of Pub. L. 85–861 section 101 of this titleAmendment by effective , see , set out as a note under .