10 U.S.C. § 971
Section 971 · Service credit: officers may not count service performed while serving as cadet or midshipman
Amended 8 times on record
Applied in 17 court decisions — leading case Horner v. Jeffrey (1987)
Most recently applied in 235 Cal. App. 4th 186 - Lanquist v. Ventura County Employees' Retirement Ass'n (March 2015)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
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).
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.
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.