I'm curious, does anyone know if this has happened at the other SAs? It kind of concerns me if this only happens at USNA and not at any other service academies.
I have been watching this thread with interest. As a parent of cadet and one who went through this process and who experienced the ups and downs that go along with it, I truly feel for those of you who have sons or daughters who were 'primary' nominees and who are now on the outside looking in. It definitely appears that the Navy has found a loophole. Being one who regularly looks at the federal register as part of my job (I am NOT a lawyer however), I took it on myself to search and see what I could find. The trick with the law is not only what is written the U.S. Code, but what is written as rules in the Federal Register.
Here are relevant sections that I can find, and I reduce the size for the sake of space (so get your reading glasses out):
GOBLUE1984 said:
United States Military Academy
CFR › Title 32 › Subtitle A › Chapter V › Subchapter F › Part 575 › Section 575.3
32 CFR 575.3 - APPOINTMENTS; SOURCES OF NOMINATIONS.
§ 575.3 Appointments; sources of nominations.
Admission to the Military Academy is gained by appointment to one of the cadetships authorized by law. Graduation of the senior class normally leaves about 915 vacancies each year. Candidates are nominated to qualify for these vacancies the year prior to admission. Those nominees appointed enter the Academy the following July and upon graduation are obligated to serve in the Army for a period of not less than 5 years. There are two major categories of nomination (Congressional/Gubernatorial and Service-Connected) and two minor categories (Filipino and Foreign Cadets). Cadetships authorized at the Military Academy are allocated among various sources of nominations from the major categories as follows:
....
(a) Congressional / Gubernatorial Nomination.
(1) Up to 10 nominations may be submitted for each vacancy. Nominating authorities may use one of three methods of nomination:
(i) Name 10 nominees on a totally competitive basis,
(ii) Name a principal nominee, with nine competing alternates, or
(iii) Name a principal nominee, with nine alternates in order of preference.
(2) The priority that a fully qualified candidate may receive when considered for appointment is actually governed by the method of nomination used. For example, a principal nominee who is found minimally qualified must be offered an appointment. Conversely, the same individual nominated on a totally competitive basis, may be ranked as one of the least qualified nominees for that vacancy and, consequently, may not be offered an appointment. Many nominating authorities hold preliminary competitive nomination examinations to select their nominees. Those selected are required to be actual residents of the geographic location represented by the nominating authority.
As I read this, USMA
must offer the appointment to the Principal nominee. Likewise it looks like USAFA has Federal Register Rules that require they offer appointment to a "principal" nominee from a congressional seat:
GOBLUE1984 said:
United States Air Force Academy
CFR › Title 32 › Subtitle A › Chapter VII › Subchapter K › Part 901 › Subpart B › Section 901.18
32 CFR 901.18 - APPOINTMENT VACANCY SELECTION
§ 901.18 Appointment vacancy selection.
To fill a vacancy in the Vice-Presidential quota or in the quota of a nominating authority in the congressional and U.S. Possessions categories, selections for appointment offers are made according to the following nomination methods.
(a) The principal numbered-alternate method. The nominating authority indicates his or her personal preference by designating a principal nominee and listing nine numbered alternate nominees in order of preference, and the appointment is offered to the first fully qualified nominee.
(b) The principal competitive-alternate method. The nominating authority designates his or her principal nominee and names up to nine other nominees who are evaluated by the Academy and ranked behind the principal nominee in order of merit. If the principal nominee is fully qualified, that individual is offered the appointment; otherwise, the fully qualified nominee ranked the highest by the Academy is offered the appointment.
(c) The competitive method. At the request of the nominating authority, the Academy evaluates the records of all the nominees and ranks them in order of merit. The fully qualified nominee ranked the highest by the Academy is offered the appointment.
As I read this, USAFA
is required to offer the appointment to the principal nominee (unless we want to go back to debating the meaning of the verb "is" in the phrase "is offered ...").
USAFA83GradWife, Your ALO would be correct in that a principal nominee is not REQUIRED to be appointed under the condition that there is no available VACANCY for that congressional seat.
if you read the USC 10, you will find that all branches have parallel language describing how nominations can be submitted and the number from which nominating source.
So how can USNA state they are not required
under law to appoint the principal (despite contradictory language, postings, and statements as pointed out by WithYou2018)? The answer lies in what is published in the Federal Register. I have searched extensively through the relevant sections pertaining to the Navy (32 CFR 700 - 799) and cannot find anything that dictates appointments to the Naval Academy, whereas the other academies have such language.
I think I now understand how Navy has beaten West Point on the football field for the past 13 years.
