10 U.S.C. § 971

Service credit: officers may not count service performed while serving as cadet or midshipman

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(a)Prohibition on Counting Enlisted Service Performed While at Service Academy or in Navy Reserve.—The period of service under an enlistment or period of obligated service while also performing service as a cadet or midshipman or serving as a midshipman in the Navy Reserve may not be counted in computing, for any purpose, the length of service of an officer of an armed force or an officer in the Commissioned Corps of the Public Health Service.(b)Prohibition on Counting Service as a Cadet or Midshipman.—In computing length of service for any purpose, service as a cadet or midshipman may not be credited to any of the following officers:(1) An officer of the Navy or Marine Corps.(2) A commissioned officer of the Army, Air Force, or Space Force.(3) An officer of the Coast Guard.(4) An officer in the Commissioned Corps of the Public Health Service.(c)Service as a Cadet or Midshipman Defined.—In this section, the term “service as a cadet or midshipman” means—(1) service as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy; or(2) service as a midshipman at the United States Naval Academy.(Added Pub. L. 85–861, § 1(20), Sept. 2, 1958, 72 Stat. 1442; amended Pub. L. 90–235, § 6(a) (1), Jan. 2, 1968, 81 Stat. 761; Pub. L. 98–557, § 17(a), Oct. 30, 1984, 98 Stat. 2867; Pub. L. 101–189, div. A, title VI, § 652(a)(1)(A), (2), Nov. 29, 1989, 103 Stat. 1461; Pub. L. 104–201, div. A, title V, § 581, Sept. 23, 1996, 110 Stat. 2537; Pub. L. 105–85, div. A, title X, § 1073(a)(13), Nov. 18, 1997, 111 Stat. 1900; Pub. L. 109–163, div. A, title V, § 515(b)(1)(D), (2), Jan. 6, 2006, 119 Stat. 3233, 3234; Pub. L. 116–283, div. A, title IX, § 924(b)(22), Jan. 1, 2021, 134 Stat. 3824.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
971	50:1414.	June 25, 1956, ch. 439, § 4, 70 Stat. 333.

Editorial NotesAmendments

2021—Subsec. (b)(2). Pub. L. 116–283 substituted “, Air Force, or Space Force” for “or Air Force”.

2006—Subsec. (a). Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve” in heading and “Navy Reserve” for “Naval Reserve” in text.

1997—Subsec. (b)(4). Pub. L. 105–85 substituted “Commissioned Corps” for “commissioned corps”.

1996—Pub. L. 104–201, § 581(c)(3), struck out “enlisted” after “count” in section catchline.

Subsec. (a). Pub. L. 104–201, § 581(a), (c)(2), inserted heading, substituted “while also performing service as a cadet or midshipman or serving as a midshipman” for “while also serving as a cadet at the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy, or as a midshipman at the United States Naval Academy or”, and inserted before period at end “or an officer in the Commissioned Corps of the Public Health Service”.

Subsec. (b). Pub. L. 104–201, § 581(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “In computing length of service for any purpose—

“(1) no officer of the Navy or Marine Corps may be credited with service as a midshipman at the United States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy;

“(2) no commissioned officer of the Army or Air Force may be credited with service as a midshipman at the United States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy; and

“(3) no officer of the Coast Guard may be credited with service as a midshipman at the United States Naval Academy or as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy.”

Subsec. (c). Pub. L. 104–201, § 581(c)(1), added subsec. (c).

1989—Subsec. (a). Pub. L. 101–189, § 652(a)(1)(A), struck out “, under an appointment accepted after June 25, 1956,” after “Naval Reserve”.

Subsec. (b)(1). Pub. L. 101–189, § 652(a)(2)(A), struck out “, if he was appointed as a midshipman or cadet after March 4, 1913” after “United States Coast Guard Academy”.

Subsec. (b)(2). Pub. L. 101–189, § 652(a)(2)(B), struck out “, if he was appointed as a midshipman or cadet after August 24, 1912” after “United States Coast Guard Academy”.

1984—Subsec. (b)(3). Pub. L. 98–557 added par. (3).

1968—Pub. L. 90–235 designated existing provisions as subsec. (a) and added subsec. (b).

Statutory Notes and Related SubsidiariesTransfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Application of Subsection (a) to Service Under Appointment Accepted Before June 26, 1956

Pub. L. 101–189, div. A, title VI, § 652(a)(1)(B), Nov. 29, 1989, 103 Stat. 1461, provided that the computing limitation in subsection (a) of this section did not apply to service under an appointment as a cadet or midshipman accepted before June 26, 1956.

Notes of Decisions

Cited in 13 cases, 1952–2015 · leading case: Constance Horner, Dir., Off. of Pers. Mgmt. v. Joseph D. Jeffrey, 823 F.2d 1521 (Fed. Cir. 1987).

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Constance Horner, Dir., Off. of Pers. Mgmt. v. Joseph D. Jeffrey, 823 F.2d 1521 (Fed. Cir. 1987). · cites it 31× “However, in their desire to discern the legislative intent of Congress when it enacted, amended, and reamended the Civil Service Retirement Act, the parties did not give proper weight to the plain and unambiguous language of 10 U.S.C. § 971 (b)(1) (1982 & Supp. Ill 1985).”

David B. Crawford v. Dep't of Transp., 373 F.3d 1155 (Fed. Cir. 2004). · cites it 3× “Crawford’s retirement calculation, in accordance with 10 U.S.C. § 971 (b), entitled “Prohibition on counting service as a cadet or midshipman.”

Michael J. Jacobs v. The United States & Commandant, U. S. Coast Guard, Admiral John B. Hayes, Uscg & His Successors, 680 F.2d 88 (9th Cir. 1982). · cites it 5× “2 The critical statute is 10 U.S.C. § 971 (b). 3 Section 971(b) prohibits any officer of the Navy, Marine Corps, Army, or Air Force from counting “for any purpose” time spent as a cadet or midshipman (pre-commission status) in any of the service schools, including the Coast…”

Cody v. Caterisano, 631 F.3d 136 (4th Cir. 2011). “Third, the Government pointed to 10 U.S.C. § 971 , which prohibits officers from counting service performed as midshipmen at the Academy towards service credit.”

David L. Whalen v. Off. of Pers. Mgmt., 959 F.2d 924 (Fed. Cir. 1992). · cites it 6× “1987) (en banc), and relied by analogy on 10 U.S.C. § 971 . The Board held that the additional work done at the USMMA did not change the nature of the appointment and time spent, for retirement credit purposes.”

Spencer v. United States, 102 F. Supp. 774 (Ct. Cl. 1952). · cites it 2× “§ 931 , which provides as follows: "When any officer has become incapable of performing the duties of his office, he shall be either retired from active service, or wholly retired from the service, by the President, as hereinafter provided." Section 1251 of the Revised Statutes,…”

Miller v. United States, 42 F.3d 297 (5th Cir. 1995). “10 U.S.C. § 971 (b). The Government, on the other hand, argues that the sail training exercise was mandatory and an essential part of Miller’s training as a midshipman, that Miller was subject to the Uniform Code of Military Justice at all times, and that, although midshipmen…”

Lanquist v. Ventura Cnty. Employees' Ret. Ass'n, 235 Cal. App. 4th 186 (Cal. Ct. App. 2015). “( 10 U.S.C. § 971 (a).) 5 “Sections 31470.7, 31478, 31479, 31480, 31641.”

Donovan v. State Employes' Ret. Sys., 701 A.2d 310 (Pa. Commw. Ct. 1997). · cites it 2× “1987), a case that interpreted federal military law and determined that under 10 U.S.C. § 971 time served as a cadet cannot be used for purposes of determining length of service in the military when seeking entitlement to credit under federal civil service retirement.”

Berry v. United States, 123 Ct. Cl. 530 (Ct. Cl. 1952). “Consequently we have before us the statement of the author of the provision in question, accepted and acted upon by Congress, that the fourth paragraph was designed to do no more for the Navy and other named services of the United States than had already been done by Congress…”

Robert J. Cosgriff v. The United States, 387 F.2d 390 (Ct. Cl. 1967). “” 10 U.S.C. § 971 (1946) provides as follows : “§ 971.”

Goodwin v. Employees Ret. Sys., 275 S.E.2d 136 (Ga. Ct. App. 1980). “” 10 USCA § 971 (a). Appellee argues that this latter restriction must be incorporated into any meaning given to the term “active duty” in our statute.”

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