# § 8415. Reserve student aviation pilots; reserve aviation pilots: appointments in commissioned grade
**(a)** Under such regulations as the Secretary of the Navy prescribes, enlisted members of the Navy Reserve and the Marine Corps Reserve may be designated as student aviation pilots.
**(b)** A member who is not a qualified civilian aviator may not be designated as a student aviation pilot unless he agrees in writing, with the consent of his parent or guardian if he is a minor, to serve on active duty for a period of two years after successfully completing flight training, unless sooner released. Such a student aviation pilot may be released from active duty or discharged at any time by any administrative authority prescribed by the Secretary.
**(c)** If he is a qualified civilian aviator, a student aviation pilot may be given a brief refresher course in flight training.
**(d)** While he is in flight training, a student aviation pilot shall have uniforms and equipment issued to him at Government expense.
**(e)** Under regulations prescribed by the Secretary, a student aviation pilot of the Navy Reserve or the Marine Corps Reserve may be designated an aviation pilot upon successfully completing flight training.
**(f)** In time of peace, an aviation pilot who is obligated under subsection (b) to serve on active duty for a period of two years may serve, with his consent, for an additional period of not more than two years.
**(g)** An aviation pilot of the Navy Reserve or the Marine Corps Reserve may be released from active duty or discharged at any time by any administrative authority prescribed by the Secretary.
**(h)** An aviation pilot of the Navy Reserve or the Marine Corps Reserve may, if qualified under regulations prescribed by the Secretary, be appointed an ensign in the Navy Reserve or a second lieutenant in the Marine Corps Reserve, as appropriate.
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**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 427, § 6915; Pub. L. 87–649, § 14c(51), Sept. 7, 1962, 76 Stat. 501; Pub. L. 96–513, title V, § 513(21), Dec. 12, 1980, 94 Stat. 2932; Pub. L. 109–163, div. A, title V, § 515(b)(1)(P), Jan. 6, 2006, 119 Stat. 3233; renumbered § 8415, Pub. L. 115–232, div. A, title VIII, § 807(c)(1), Aug. 13, 2018, 132 Stat. 1836.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 6915 | 34 U.S.C. 841a–841e. | Nov. 5, 1941, ch. 468, §§ 1–5, 55 Stat. 759. |
| | 34 U.S.C. 841h. | Nov. 5, 1941, ch. 468, § 8; added Aug. 4, 1942, ch. 547, § 15(h), 56 Stat. 740. |
In subsection (a) the authority to designate student aviation pilots is expressly set forth.
The portion of that provides that student aviation pilots who are qualified civilian aviators shall be given a brief refresher course in flight training is contained in subsection (c). The remainder of , which provides that such pilots shall not be considered as having been designated pursuant to , is reflected in subsection (b) by making that subsection applicable only to student aviation pilots who are not qualified civilian aviators. No other consequences attach to designation as student aviation pilots under the particular provisions. In subsection (b) the word “continuous” is omitted as covered by the word “period”, and the subsection is written as a condition precedent to designation, because it is so interpreted.
In subsection (c) the words “enlisted in or transferred to pilot ratings” are omitted as surplusage.
Subsection (e) states expressly the authority to designate aviation pilots, which is implied in , 841b, and 841d.
In subsection (f) the words “pay grade E–5” are substituted for the words “third grade” in to conform to the terminology of the Career Compensation Act of 1949 ( et seq.).
In subsection (h) the words “of the Naval Reserve or the Marine Corps Reserve” are substituted for the words “designated as such in accordance with sections 841a and 841b of this title” for uniformity.
## Editorial Notes
### Amendments
2018— renumbered as this section.
2006—Subsecs. (a), (e), (g), (h). substituted “Navy Reserve” for “Naval Reserve” wherever appearing.
1980—Subsecs. (f) to (i). redesignated subsecs. (g), (h), and (i) as (f), (g), and (h), respectively.
1962—Subsec. (f). repealed subsec. (f) which provided that while on active duty, an aviation pilot of the Naval Reserve or the Marine Corps Reserve is entitled to the pay of an enlisted member in pay grade E–5 or that of his grade, whichever is greater. See , Pay and Allowances of the Uniformed Services.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2018 Amendment
Amendment by effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .
### Effective Date of 1980 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1962 Amendment
Amendment by effective , see , set out as an Effective Date note preceding , Pay and Allowances of the Uniformed Services.