---
kind: "section"
citation: "10 U.S.C. § 516"
title: "10"
title_heading: "Armed Forces"
number: "516"
heading: "Effect upon enlisted status of acceptance of appointment as cadet or midshipman"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/516"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 31 — Enlistments"
---

# §516. Effect upon enlisted status of acceptance of appointment as cadet or midshipman

- (a) The enlistment or period of obligated service of an [enlisted member](/usc/10/101.md?p=b-6) of the [armed forces](/usc/10/101.md?p=a-4) who accepts an appointment as a [cadet](/usc/10/801.md?p=6) at the [United States](/usc/10/101.md?p=a-1) [Military](/usc/10/801.md?p=8) Academy, the [United States](/usc/10/101.md?p=a-1) Air Force Academy, or the [United States](/usc/10/101.md?p=a-1) Coast Guard Academy, or as a [midshipman](/usc/10/801.md?p=7) at the [United States](/usc/10/101.md?p=a-1) Naval Academy or in the Navy [Reserve](/usc/10/101.md?p=c-6), may not be terminated because of the acceptance of that appointment. However, while serving as a [cadet](/usc/10/801.md?p=6) or [midshipman](/usc/10/801.md?p=7) at an Academy, he is entitled only to the [pay](/usc/10/101.md?p=a-15), allowances, compensation, pensions, and other benefits provided by law for such a [cadet](/usc/10/801.md?p=6) or [midshipman](/usc/10/801.md?p=7) or, if he is a [midshipman](/usc/10/801.md?p=7) in the Navy [Reserve](/usc/10/101.md?p=c-6), to the compensation and emoluments of a [midshipman](/usc/10/801.md?p=7) in the Navy [Reserve](/usc/10/101.md?p=c-6).
- (b) If a [person](/usc/10/2700.md?p=2) covered by [subsection (a)](#a) is separated from service as a [cadet](/usc/10/801.md?p=6) or [midshipman](/usc/10/801.md?p=7), or from service as a [midshipman](/usc/10/801.md?p=7) in the Navy [Reserve](/usc/10/101.md?p=c-6), for any reason other than his appointment as a [commissioned officer](/usc/10/101.md?p=b-2) of a [regular](/usc/10/101.md?p=b-12) or [reserve](/usc/10/101.md?p=c-6) [component](/usc/10/3011.md?p=13) of an armed force or in the Space Force, or because of a physical disability, he resumes his enlisted status and shall complete the period of service for which he was enlisted or for which he has an obligation, unless he is sooner discharged. In computing the unexpired part of an enlistment or period of obligated service for the purposes of this subsection, all service as a [cadet](/usc/10/801.md?p=6) or [midshipman](/usc/10/801.md?p=7) is counted as service under that enlistment or period of obligated service.

## Source credit

(Added Pub. L. 85–861, § 1(9)(A), Sept. 2, 1958, 72 Stat. 1439; amended Pub. L. 109–163, div. A, title V, § 515(b)(1)(B), Jan. 6, 2006, 119 Stat. 3233; Pub. L. 118–31, div. A, title XVII, § 1717(b)(8), Dec. 22, 2023, 137 Stat. 655.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 516(a)<br>516(b) | 50:1411.<br>50:1412. | June 25, 1956, ch. 439, §§ 1, 2, 70 Stat. 333. |

In subsection (a), the words “on or after June 25, 1956” are omitted as executed. The words “Regular, Reserve” and “during the continuation of the cadet or midshipman status of such member” are omitted as surplusage. The words “if he is a midshipman in the Naval Reserve * * * of a midshipman in the Naval Reserve” are substituted for the words “accruing to such reserve midshipman by virtue of his status in the Naval Reserve”.

In subsection (b), the words “a person covered by subsection (a)” are substituted for 50:1412 (1st 84 words of 1st sentence). The words “his appointment as a commissioned officer of” are substituted for the words “the acceptance of a commission in”. The words “and shall complete the period of service for which he was enlisted or for which he has an obligation, unless he is sooner discharged” are substituted for 50:1412 (2d sentence). The words “promoted or” are omitted as unnecessary, since the only kind of promotion involved is that to officer, in which case the member is discharged from his enlisted status. The words “as service under that enlistment” are substituted for the words “as time serviced under such contract”.

### Editorial Notes

### Amendments

2023—Subsec. (b). Pub. L. 118–31 inserted “or in the Space Force,” after “armed force”.

2006—Pub. L. 109–163 substituted “Navy Reserve” for “Naval Reserve” wherever appearing.

### Statutory Notes and Related Subsidiaries

### Transfer 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.