10 U.S.C. § 2107 : US Code - Section 2107: Financial assistance program for specially selected members

Search 10 U.S.C. § 2107 : US Code - Section 2107: Financial assistance program for specially selected members

(a) The Secretary of the military department concerned may
appoint as a cadet or midshipman, as appropriate, in the reserve of
an armed force under his jurisdiction any eligible member of the
program who will be under 31 years of age on December 31 of the
calendar year in which he is eligible under this section for
appointment as an ensign in the Navy or as a second lieutenant in
the Army, Air Force, or Marine Corps, as the case may be.
(b) To be eligible for appointment as a cadet or midshipman under
this section a member must -
(1) be a citizen or national of the United States;
(2) be specially selected for the financial assistance program
under procedures prescribed by the Secretary of the military
department concerned;
(3) enlist in the reserve component of the armed force in which
he is appointed as a cadet or midshipmen for the period
prescribed by the Secretary of the military department concerned;
(4) contract, with the consent of his parent or guardian if he
is a minor, with the Secretary of the military department
concerned, or his designated representative, to serve for the
period required by the program; and
(5) agree in writing that, at the discretion of the Secretary
of the military department concerned, he will -
(A)(i) accept an appointment, if offered, as a commissioned
officer in the Army, Navy, Air Force, or Marine Corps, as the
case may be, and that, if he is commissioned as a regular
officer and his regular commission is terminated before the
sixth anniversary of his date of rank, he will accept an
appointment, if offered, in the reserve component of that armed
force and not resign before that anniversary or before such
other date, not beyond the eighth anniversary of the
midshipman's date of rank, that the Secretary of Defense may
prescribe; and
(ii) serve on active duty for four or more years;
(B)(i) accept an appointment, if offered, as a commissioned
officer in the Army, Navy, Air Force, or Marine Corps, as the
case may be; and
(ii) serve in a reserve component of that armed force until
the eighth anniversary of the receipt of such appointment,
unless otherwise extended by subsection (d) of section 2108 of
this title, under such terms and conditions as shall be
prescribed by the Secretary of the military department
concerned; or
(C)(i) accept an appointment, if offered, as a commissioned
officer in the Army, Navy, Air Force, or Marine Corps, as the
case may be; and
(ii) serve in a reserve component of that armed force until
at least the sixth anniversary and, at the discretion of the
Secretary of Defense, up to the eighth anniversary of the
receipt of such appointment, unless such appointment is
otherwise extended by subsection (d) of section 2108 of this
title, under such terms and conditions as may be prescribed by
the Secretary of the military department concerned.
The performance of service under clause (5)(B) or (5)(C) may
include periods of active duty, active duty for training, and other
service in an active or inactive status in the reserve component in
which appointed, except that performance of service under clause
(5)(C) shall include not less than two years of active duty.
(c)(1) The Secretary of the military department concerned may
provide for the payment of all expenses in his department of
administering the financial assistance program under this section,
including tuition, fees, books, and laboratory expenses. In the
case of a student enrolled in an academic program which has been
approved by the Secretary of the military department concerned and
which requires more than four academic years for completion of
baccalaureate degree requirements, including elective requirements
of the Senior Reserve Officers' Training Corps course, financial
assistance under this section may also be provided during a fifth
academic year or during a combination of a part of a fifth academic
year and summer sessions. At least 50 percent of the cadets and
midshipmen appointed under this section must qualify for in-State
tuition rates at their respective institutions and will receive
tuition benefits at that rate.
(2) The Secretary of the military department concerned may
provide financial assistance, as described in paragraph (1), to a
student enrolled in an advanced education program beyond the
baccalaureate degree level if the student also is a cadet or
midshipman in an advanced training program. Not more than 15
percent of the total number of scholarships awarded under this
section in any year may be awarded under this paragraph.
(3) In the case of a cadet or midshipman eligible to receive
financial assistance under paragraph (1) or (2), the Secretary of
the military department concerned may, in lieu of all or part of
the financial assistance described in paragraph (1), provide
financial assistance in the form of room and board expenses for the
cadet or midshipman and other expenses required by the educational
institution.
[(4) Repealed. Pub. L. 109-163, div. A, title V, Sec. 531(a)(1),
Jan. 6, 2006, 119 Stat. 3247.]
(5)(A) The Secretary of the Army, under regulations and criteria
established by the Secretary, may provide an individual who
received a commission as a Reserve officer in the Army from a
military junior college through a program under this chapter and
who does not have a baccalaureate degree with financial assistance
for pursuit of a baccalaureate degree.
(B) Such assistance is in addition to any financial assistance
provided under paragraph (1) or (3).
(C) The agreement and reimbursement requirements established in
section 2005 of this title are applicable to financial assistance
under this paragraph.
(D) An officer receiving financial assistance under this
paragraph shall be attached to a unit of the Army as determined by
the Secretary and shall be considered to be a member of the Senior
Reserve Officers' Training Corps on inactive duty for training, as
defined in section 101(23) of title 38.
(E) A qualified officer who did not previously receive financial
assistance under this section is eligible to receive educational
assistance under this paragraph.
(F) A Reserve officer may not be called or ordered to active duty
for a deployment while participating in the program under this
paragraph.
(G) Any service obligation incurred by an officer under an
agreement entered into under this paragraph shall be in addition to
any service obligation incurred by that officer under any other
provision of law or agreement.
(d) Upon satisfactorily completing the academic and military
requirements of the four-year program, a cadet or midshipman may be
appointed as a regular or reserve officer in the appropriate armed
force in the grade of second lieutenant or ensign, even though he
is under 21 years of age.
(e) The date of rank of officers appointed under this section in
May or June of any year is the date of graduation of cadets or
midshipmen from the United States Military Academy, the United
States Naval Academy, or the United States Air Force Academy, as
the case may be in that year. The Secretary of the military
department concerned shall establish the date of rank of all other
officers appointed under this section.
(f) A cadet or midshipman who does not complete the four-year
course of instruction, or who completes the course but declines to
accept a commission when offered, may be ordered to active duty by
the Secretary of the military department concerned to serve in his
enlisted grade or rating for such period of time as the Secretary
prescribes but not for more than four years.
(g) In computing length of service for any purpose, an officer
appointed under this section may not be credited with service
either as a cadet or midshipman or concurrent enlisted service,
other than concurrent enlisted service performed on or after August
1, 1979, as a member of the Selected Reserve.
(h)(1) The Secretary of Defense shall determine the number of
cadets and midshipmen appointed under this section who may be in
the financial assistance programs at any one time in each military
department.
(2) Of the total number of cadets appointed in the financial
assistance programs under this section in any year, not less than
100 shall be designated for placement in the program of the Army
for service upon commissioning in the Army National Guard, of which
one-half shall be for financial assistance awarded for a period of
two years and the remainder shall be for financial assistance
awarded for a period of four years. A cadet designated under this
paragraph who, having initially contracted for service as provided
in subsection (b)(5)(A) and having received financial assistance
for two years under an award providing for four years of financial
assistance under this section, modifies such contract with the
consent of the Secretary of the Army to provide for service as
described in subsection (b)(5)(B), may be counted, for the year in
which the contract is modified, toward the number of appointments
required under the preceding sentence for financial assistance
awarded for a period of four years. A cadet who receives financial
assistance under this paragraph and is commissioned in the Army
National Guard shall perform service as provided in subsection
(b)(5)(B) and may not be accepted for service on full-time active
duty pursuant to the member's voluntary application until the
completion of the period of service prescribed in that subsection.
The Secretary of the Army shall prescribe regulations to ensure a
geographical distribution of the cadets who receive financial
assistance under this paragraph.
(i) The Secretary of each military department shall seek to
achieve an increase in the number of agreements entered into under
this section so as to achieve an increase, by the 2006-2007
academic year, of not less than 400 in the number of cadets or
midshipmen, as the case may be, enrolled under this section,
compared to such number enrolled for the 2002-2003 academic year.
In the case of the Secretary of the Navy, the Secretary shall seek
to ensure that not less than one-third of such increase in
agreements under this section are with students enrolled (or
seeking to enroll) in programs of study leading to a baccalaureate
degree in nuclear engineering or another appropriate technical,
scientific, or engineering field of study.
(j)(1) Payment of financial assistance under this section for,
and payment of a monthly subsistence allowance under section 209 of
title 37 to, a cadet or midshipman appointed under this section may
be suspended on the basis of health-related incapacity of the cadet
or midshipman only in accordance with regulations prescribed under
paragraph (2).
(2) The Secretary of Defense shall prescribe in regulations the
policies and procedures for suspending payments under paragraph
(1). The regulations shall apply uniformly to all of the military
departments. The regulations shall include the following matters:
(A) The standards of health-related fitness that are to be
applied.
(B) Requirements for -
(i) the health-related condition and prognosis of a cadet or
midshipman to be determined, in relation to the applicable
standards prescribed under subparagraph (A), by a health care
professional on the basis of a medical examination of the cadet
or midshipman; and
(ii) the Secretary concerned to take into consideration the
determinations made under clause (i) with respect to such
condition in deciding whether to suspend payment in the case of
such cadet or midshipman on the basis of that condition.
(C) A requirement for the Secretary concerned to transmit to a
cadet or midshipman proposed for suspension under this subsection
a notification of the proposed suspension together with the
determinations made under subparagraph (B)(i) in the case of the
proposed suspension.
(D) A procedure for a cadet or midshipman proposed for
suspension under this subsection to submit a written response to
the proposal for suspension, including any supporting
information.
(E) Requirements for -
(i) one or more health-care professionals to review, in the
case of such a response of a cadet or midshipman, each health-
related condition and prognosis addressed in the response,
taking into consideration the matters submitted in such
response; and
(ii) the Secretary concerned to take into consideration the
determinations made under clause (i) with respect to such
condition in making a final decision regarding whether to
suspend payment in the case of such cadet or midshipman on the
basis of that condition, and the conditions under which such
suspension may be lifted.