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U.S. Code as of:
01/19/04
Section 4348. Cadets: agreement to serve as officer
(a) Each cadet shall sign an agreement with respect to the
cadet's length of service in the armed forces. The agreement shall
provide that the cadet agrees to the following:
(1) That the cadet will complete the course of instruction at
the Academy.
(2) That upon graduation from the Academy the cadet -
(A) will accept an appointment, if tendered, as a
commissioned officer of the Regular Army 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 cadet is permitted to resign as a regular
officer before completion of the commissioned service obligation
of the cadet, the cadet -
(A) will accept an appointment as a commissioned officer as a
Reserve for service in the Army Reserve or the Air Force
Reserve; and
(B) will remain in that reserve component until completion of
the commissioned service obligation of the cadet.
(b)(1) The Secretary of the Army may transfer to the Army
Reserve, and may order to active duty for such period of time as
the Secretary prescribes (but not to exceed four years), a cadet
who breaches an agreement under subsection (a). The period of time
for which a cadet is ordered to active duty under this paragraph
may be determined without regard to section 651(a) of this title.
(2) A cadet who is transferred to the Army 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 cadet shall be
considered to have breached an agreement under subsection (a) if
the cadet is separated from the Academy under circumstances which
the Secretary determines constitute a breach by the cadet of the
cadet's agreement to complete the course of instruction at the
Academy and accept an appointment as a commissioned officer upon
graduation from the Academy.
(c) The Secretary of the Army 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) procedures for determining whether such a breach has
occurred; and
(3) 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, the term "commissioned service obligation",
with respect to an officer who is a graduate of the Academy, means
the period beginning on the date of the officer'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 cadet who is not a
citizen or national of the United States.
(2) In the case of a cadet who is a minor and who has parents or
a guardian, the cadet may sign the agreement required by subsection
(a) only with the consent of a parent or guardian.
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