Federal · Title 10 — Armed Forces

10 U.S.C. § 9448: Cadets: service obligation

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That the cadet will complete the course of instruction at the Academy. will accept an appointment, if tendered, as a commissioned officer of the Regular Air Force or the Space Force; and will serve on active duty for at least five years immediately after such appointment. will accept an appointment as a commissioned officer as a Reserve in the Air Force for service in the Air Force Reserve or will accept further assignment in a space force active status; and will remain in that reserve component, or the Space Force, until completion of the commissioned service obligation of the cadet. That if an appointment described in paragraph (2) or (3) is tendered and the cadet participates in a program under section 2121 of this title , the cadet will fulfill any unserved obligation incurred under this section on active duty, regardless of the type of appointment held, upon completion of, and in addition to, any service obligation incurred under section 2123 of this title for participation in such program. That the cadet may not obtain employment as a professional athlete until two years after the cadet graduates from the Academy. Subject to paragraph (4), the Secretary of the Air Force may transfer to the Air Force 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 . A cadet who is transferred to the Air Force Reserve under paragraph (1) shall be transferred in an appropriate enlisted grade or rating, as determined by the Secretary. 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. in an appropriate grade or rating, determined by the Secretary of the Air Force; and for a period, determined by the Secretary of the Air Force, not longer than 10 years; and while so serving, participate in efforts to recruit and retain members of the armed forces. standards for determining what constitutes, for the purpose of subsection (b), a breach of an agreement under subsection (a); in violation of paragraph (5) of subsection (a) has breached an agreement under such subsection unless such cadet receives a transfer under paragraph (4) of subsection (b); and at least two years after the cadet graduates from the Academy has not breached an agreement under subsection (a); procedures for determining whether such a breach has occurred; and standards for determining the period of time for which a person may be ordered to serve on active duty under subsection(b). In this section, the term “commissioned service obligation”, with respect to a cadet, means the period beginning on the date of the cadet’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. This section does not apply to a cadet who is not a citizen or national of the United States. 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. A cadet or former cadet who does not fulfill each term of the agreement as specified under subsection (a), or an alternative obligation imposed under subsection (b), shall be subject to the repayment provisions of section 303a(e) or 373 of title 37.

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