§ 8413. Aviation cadets: appointment as reserve officers

358 words·~2 min read·/usc/title-10/section-8413

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)An aviation cadet who fulfills the requirements of section 2003 of this title may be appointed an ensign in the Navy Reserve or a second lieutenant in the Marine Corps Reserve and designated a naval aviator.

(b)Aviation cadets who complete their training at approximately the same time are considered for all purposes to have begun their commissioned service on the same date, and the decision of the Secretary of the Navy in this regard is conclusive.

(Aug. 10, 1956, ch. 1041, 70A Stat. 427, § 6913; Pub. L. 96–513, title V, § 513(20), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 109–163, div. A, title V, § 515(b)(1)(O), Jan. 6, 2006, 119 Stat. 3233; renumbered § 8413, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)

In subsection

(a)the proviso is omitted as unnecessary. Section 1 of the Act of April 28, 1950, ch. 120, 64 Stat. 90, terminated service credit for lump-sum payments granted under § 12 of the Act of August 4, 1942, ch. 547, 56 Stat. 738, and thereby removed the only consequences of the proviso. The words “section 6023(b) of this title” are substituted for the words “law for designation or appointment as naval aviators” to provide specific reference to those requirements. The words “and designated a naval aviator” are added for clarity and to authorize specifically the designation, which is implied in 34 U.S.C. 850f.

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