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U.S. Code as of:
01/19/04
Section 6959. Midshipmen: agreement for length of service
(a) Each midshipman shall sign an agreement with respect to the
midshipman's length of service in the armed forces. The agreement
shall provide that the midshipman agrees to the following:
(1) That the midshipman will complete the course of instruction
at the Naval Academy.
(2) That upon graduation from the Naval Academy the midshipman
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(A) will accept an appointment, if tendered, as a
commissioned officer of the Regular Navy, the Regular Marine
Corps, 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 midshipman is permitted to resign as a regular
officer before completion of the commissioned service obligation
of the midshipman, the midshipman -
(A) will accept an appointment as a commissioned officer in
the Naval Reserve or the Marine Corps Reserve or as a Reserve
in the Air Force for service in the Air Force Reserve; and
(B) will remain in that reserve component until completion of
the commissioned service obligation of the midshipman.
(b)(1) The Secretary of the Navy may transfer to the Naval
Reserve or the Marine Corps Reserve, and may order to active duty
for such period of time as the Secretary prescribes (but not to
exceed four years), a midshipman who breaches an agreement under
subsection (a). The period of time for which a midshipman is
ordered to active duty under this paragraph may be determined
without regard to section 651(a) of this title.
(2) A midshipman who is transferred to the Naval Reserve or
Marine Corps 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 midshipman shall be
considered to have breached an agreement under subsection (a) if
the midshipman is separated from the Naval Academy under
circumstances which the Secretary determines constitute a breach by
the midshipman of the midshipman's agreement to complete the course
of instruction at the Naval Academy and accept an appointment as a
commissioned officer upon graduation from the Naval Academy.
(c) The Secretary of the Navy 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, "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 midshipman who is not a
citizen or national of the United States.
(2) In the case of a midshipman who is a minor and who has
parents or a guardian, the midshipman may sign the agreement
required by subsection (a) only with the consent of a parent or
guardian.
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