§ 9137. Regular Air Force: aviation cadets; qualifications, grade, limitations

706 words·~3 min read·/usc/title-10/section-9137

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

(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, § 8257; Pub. L. 85–861, § 33(a)(37), Sept. 2, 1958, 72 Stat. 1566; Pub. L. 96–513, title II, § 237, Dec. 12, 1980, 94 Stat. 2887; renumbered § 9137, Pub. L. 115–232, div. A, title VIII, § 806(b)(2), Aug. 13, 2018, 132 Stat. 1832.)

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).

In subsection (d), the first sentence is substituted for 10:291f–2 (proviso). The words “after June 13, 1940” (the date of enactment of the source statute) are substituted for the word “hereafter”, in 10:291f–2. The words “after June 13, 1949”, 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).

1958 Act

The 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 10 U.S.C. 304), which were omitted from the original military codification act, the Act of August 10, 1956, chapter 1041, as part of the source law for section 20(b) of that Act (70A Stat. 627). 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, May 29, 1957.

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