US (United States) Code. Title 10. Subtitle A. Part II. Chapter 33: Original appointments of regular officers

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 33 - ORIGINAL APPOINTMENTS OF REGULAR

OFFICERS IN GRADES ABOVE WARRANT OFFICER

GRADES 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33 - ORIGINAL APPOINTMENTS OF REGULAR OFFICERS IN GRADES

ABOVE WARRANT OFFICER GRADES

.

-HEAD-

CHAPTER 33 - ORIGINAL APPOINTMENTS OF REGULAR OFFICERS IN GRADES

ABOVE WARRANT OFFICER GRADES

-MISC1-

Sec.

531. Original appointments of commissioned officers.

532. Qualifications for original appointment as a commissioned

officer.

533. Service credit upon original appointment as a commissioned

officer.

541. Graduates of the United States Military, Naval, and Air Force

Academies.

AMENDMENTS

1991 - Pub. L. 102-190, div. A, title XI, Sec. 1112(b)(1), Dec.

5, 1991, 105 Stat. 1501, substituted ''ORIGINAL APPOINTMENTS OF

REGULAR OFFICERS IN GRADES ABOVE WARRANT OFFICER GRADES'' for

''APPOINTMENTS IN REGULAR COMPONENTS'' as chapter heading, struck

out analysis of subchapters listing subchapter I ''Original

Appointments of Regular Officers in Grades above Warrant Officer

Grades'' and subchapter II ''Appointments of Regular Warrant

Officers'', and struck out subchapter I heading.

1980 - Pub. L. 96-513, title I, Sec. 104(a), Dec. 12, 1980, 94

Stat. 2845, inserted an analysis of subchapters immediately

following chapter heading, added subchapter I heading, and, in

analysis of sections following subchapter I heading, added items

531, 532, and 533 preceding item 541, re-enacted item 541 without

change, and struck out, following item 541, items 555 to 565. The

items 555 to 565 formerly set out in the analysis of sections

immediately following chapter heading were transferred to a

position following a new heading for subchapter II preceding

section 555.

-CITE-

10 USC Sec. 531 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33 - ORIGINAL APPOINTMENTS OF REGULAR OFFICERS IN GRADES

ABOVE WARRANT OFFICER GRADES

-HEAD-

Sec. 531. Original appointments of commissioned officers

-STATUTE-

(a) Original appointments in the grades of second lieutenant

through colonel in the Regular Army, Regular Air Force, and Regular

Marine Corps and in the grades of ensign through captain in the

Regular Navy shall be made by the President, by and with the advice

and consent of the Senate.

(b) The grade of a person receiving an appointment under this

section who at the time of appointment (1) is credited with service

under section 533 of this title, and (2) is not a commissioned

officer of a reserve component shall be determined under

regulations prescribed by the Secretary of Defense based upon the

amount of service credited. The grade of a person receiving an

appointment under this section who at the time of the appointment

is a commissioned officer of a reserve component is determined

under section 533(f) of this title.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 104(a), Dec. 12, 1980, 94

Stat. 2845; amended Pub. L. 97-22, Sec. 3(a), July 10, 1981, 95

Stat. 124.)

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-22 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE

Chapter effective Sept. 15, 1981, but the authority to prescribe

regulations under this chapter effective on Dec. 12, 1980, see

section 701 of Pub. L. 96-513, set out as an Effective Date of 1980

Amendment note under section 101 of this title.

TRANSITION PROVISIONS UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT

ACT

For provisions to prevent extinction or premature termination of

rights, duties, penalties, or proceedings that existed or were

begun prior to the effective date of Pub. L. 96-513 and otherwise

to allow for an orderly transition to the system of officer

personnel management put in place under Pub. L. 96-513, see section

601 et seq. of Pub. L. 96-513, set out as a note under section 611

of this title.

PROGRAM TO INCREASE USE OF CERTAIN NURSES BY MILITARY DEPARTMENTS

Pub. L. 101-189, div. A, title VII, Sec. 708, Nov. 29, 1989, 103

Stat. 1475, provided that:

''(a) Program Required. - (1) Not later than September 30, 1991,

the Secretary of each military department shall implement a program

to appoint persons who have an associate degree or diploma in

nursing (but have not received a baccalaureate degree in nursing)

as officers and to assign such officers to duty as nurses.

''(2) An officer appointed pursuant to the program required by

subsection (a) shall be appointed in a warrant officer grade or in

a commissioned grade not higher than O-3. Such officer may not be

promoted above the grade of O-3 unless the officer receives a

baccalaureate degree in nursing.

''(b) Report on Implementation. - Not later than April 1, 1990,

the Secretary of Defense shall submit to the Committees on Armed

Services of the Senate and House of Representatives a report on the

actions taken by the Secretaries of the military departments to

implement the program required by this section.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4353, 9353 of this title.

-CITE-

10 USC Sec. 532 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33 - ORIGINAL APPOINTMENTS OF REGULAR OFFICERS IN GRADES

ABOVE WARRANT OFFICER GRADES

-HEAD-

Sec. 532. Qualifications for original appointment as a commissioned

officer

-STATUTE-

(a) Under regulations prescribed by the Secretary of Defense, an

original appointment as a commissioned officer (other than as a

commissioned warrant officer) in the Regular Army, Regular Navy,

Regular Air Force, or Regular Marine Corps may be given only to a

person who -

(1) is a citizen of the United States;

(2) is able to complete 20 years of active commissioned service

before his fifty-fifth birthday;

(3) is of good moral character;

(4) is physically qualified for active service; and

(5) has such other special qualifications as the Secretary of

the military department concerned may prescribe by regulation.

(b)(1) Original appointments in the Regular Army in the Medical

Corps or Dental Corps, and original appointments in the Regular Air

Force with a view to designation of an officer as a medical or

dental officer, may be made in the grades of first lieutenant

through colonel. Original appointments in the Regular Navy in the

Medical Corps or Dental Corps may be made in the grades of

lieutenant (junior grade) through captain. Such appointments may

be made only from persons who are qualified doctors of medicine,

osteopathy, or dentistry.

(2) To be eligible for an original appointment as a medical

officer, a doctor of osteopathy must -

(A) be a graduate of a college of osteopathy whose graduates

are eligible to be licensed to practice medicine or surgery in a

majority of the States;

(B) be licensed to practice medicine, surgery, or osteopathy in

a State or in the District of Columbia;

(C) under regulations prescribed by the Secretary of Defense,

have completed a number of years of osteopathic and

preosteopathic education equal to the number of years of medical

and premedical education prescribed for persons entering

recognized schools of medicine who become doctors of medicine and

who would be qualified for an original appointment in the grade

for which that person is being considered for appointment; and

(D) have such other qualifications as the Secretary of the

military department concerned prescribes after considering the

recommendations, if any, of the Surgeon General of the armed

force concerned.

(c) Original appointments in the Regular Navy or Regular Marine

Corps of officers designated for limited duty shall be made under

section 5589 or 5596 of this title.

(d)(1) A person receiving an original appointment as a medical or

dental officer, as a chaplain, or as an officer designated for

limited duty in the Regular Navy or Regular Marine Corps is not

subject to clause (2) of subsection (a).

(2) A reserve commissioned officer appointed in a medical skill

other than as a medical officer or dental officer (as defined in

regulations prescribed by the Secretary of Defense) is not subject

to clause (2) of subsection (a).

(e) After September 30, 1996, no person may receive an original

appointment as a commissioned officer in the Regular Army, Regular

Navy, Regular Air Force, or Regular Marine Corps until that person

has completed one year of service on active duty as a commissioned

officer (other than a warrant officer) of a reserve component.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 104(a), Dec. 12, 1980, 94

Stat. 2845; amended Pub. L. 97-22, Sec. 3(b), July 10, 1981, 95

Stat. 124; Pub. L. 97-295, Sec. 1(7), Oct. 12, 1982, 96 Stat. 1289;

Pub. L. 102-190, div. A, title V, Sec. 501, Dec. 5, 1991, 105

Stat. 1354; Pub. L. 103-160, div. A, title V, Sec. 510, Nov. 30,

1993, 107 Stat. 1648.)

-MISC1-

AMENDMENTS

1993 - Subsec. (d). Pub. L. 103-160 designated existing

provisions as par. (1) and added par. (2).

1991 - Subsec. (e). Pub. L. 102-190 added subsec. (e).

1982 - Pub. L. 97-295 inserted ''a'' after ''original appointment

as'' in section catchline.

1981 - Subsec. (d). Pub. L. 97-22 substituted ''medical or dental

officer, as a chaplain, or as an officer designated for limited

duty in the Regular Navy or Regular Marine Corps'' for ''medical

officer or dental officer or as a chaplain''.

APPOINTMENT OF CITIZENS OF NORTHERN MARIANA ISLANDS AS COMMISSIONED

OFFICERS

Pub. L. 98-94, title X, Sec. 1006, Sept. 24, 1983, 97 Stat. 661,

provided that a citizen of the Northern Mariana Islands who

indicates in writing to a commissioned officer of the Armed Forces

of the United States an intent to become a citizen, and not a

national, of the United States, and who is otherwise qualified for

military service under applicable laws and regulations, may be

appointed as an officer in the Armed Forces of the United States,

may be appointed or enrolled in the Senior Reserve Officers'

Training Corps program of any of the Armed Forces under chapter 103

of title 10, United States Code, and may be selected to be a

participant in the Armed Forces Health Professions Scholarship

program under chapter 105 of such title, and that this section

shall expire upon the establishment of the Commonwealth of the

Northern Mariana Islands. The Commonwealth was established as of

12:01 a.m., Nov. 4, 1986, see section 2(a), (b) of Proc. No. 5564,

set out as a note under section 1801 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5589, 16401 of this

title; title 33 section 3021.

-CITE-

10 USC Sec. 533 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33 - ORIGINAL APPOINTMENTS OF REGULAR OFFICERS IN GRADES

ABOVE WARRANT OFFICER GRADES

-HEAD-

Sec. 533. Service credit upon original appointment as a

commissioned officer

-STATUTE-

(a)(1) For the purpose of determining the grade and rank within

grade of a person receiving an original appointment in a

commissioned grade (other than a warrant officer grade) in the

Regular Army, Regular Navy, Regular Air Force, or Regular Marine

Corps, such person shall be credited at the time of such

appointment with any active commissioned service (other than

service as a commissioned warrant officer) that he performed in any

armed force, the National Oceanic and Atmospheric Administration,

or the Public Health Service before such appointment.

(2) The Secretary of Defense shall prescribe regulations, which

shall apply uniformly among the Army, Navy, Air Force, and Marine

Corps, to authorize the Secretary of the military department

concerned to limit the amount of prior active commissioned service

with which a person receiving an original appointment may be

credited under paragraph (1), or to deny any such credit, in the

case of a person who at the time of such appointment is credited

with constructive service under subsection (b).

(b)(1) Under regulations prescribed by the Secretary of Defense,

the Secretary of the military department concerned shall credit a

person who is receiving an original appointment in a commissioned

grade (other than a commissioned warrant officer grade) in the

Regular Army, Regular Navy, Regular Air Force, or Regular Marine

Corps and who has advanced education or training or special

experience with constructive service for such education, training,

or experience as follows:

(A) One year for each year of advanced education beyond the

baccalaureate degree level, for persons appointed, designated, or

assigned in officer categories requiring such advanced education

or an advanced degree as a prerequisite for such appointment,

designation, or assignment. In determining the number of years

of constructive service to be credited under this clause to

officers in any professional field, the Secretary concerned shall

credit an officer with, but with not more than, the number of

years of advanced education required by a majority of

institutions that award degrees in that professional field for

completion of the advanced education or award of the advanced

degree.

(B)(i) Credit for any period of advanced education in a health

profession (other than medicine and dentistry) beyond the

baccalaureate degree level which exceeds the basic education

criteria for appointment, designation, or assignment, if such

advanced education will be directly used by the armed force

concerned.

(ii) Credit for experience in a health profession (other than

medicine or dentistry), if such experience will be directly used

by the armed force concerned.

(C) Additional credit of (i) not more than one year for

internship or equivalent graduate medical, dental, or other

formal professional training required by the armed forces, and

(ii) not more than one year for each additional year of such

graduate-level training or experience creditable toward

certification in a specialty required by the armed forces.

(D) Additional credit, in unusual cases, based on special

experience in a particular field.

(E) Additional credit for experience as a physician or dentist,

if appointed as a medical or dental officer in the Army or Navy

or, in the case of the Air Force, with a view to designation as a

medical or dental officer.

(2) Except as authorized by the Secretary concerned in individual

cases and under regulations prescribed by the Secretary of Defense

in the case of a medical or dental officer, the amount of

constructive service credited an officer under this subsection may

not exceed the amount required in order for the officer to be

eligible for an original appointment in the grade of major in the

Army, Air Force, or Marine Corps or lieutenant commander in the

Navy.

(3) Constructive service credited an officer under this

subsection is in addition to any service credited that officer

under subsection (a) and shall be credited at the time of the

original appointment of the officer.

(c) Constructive service credited an officer under subsection (b)

shall be used only for determining the officer's -

(1) initial grade as a regular officer;

(2) rank in grade; and

(3) service in grade for promotion eligibility.

(d)(1) Constructive service may not be credited under subsection

(b) for education, training, or experience obtained while serving

as a commissioned officer (other than a warrant officer) on active

duty or in an active status. However, in the case of an officer

who completes advanced education or receives an advanced degree

while on active duty or in an active status and in less than the

number of years normally required to complete such advanced

education or receive such advanced degree, constructive service

may, subject to regulations prescribed under subsection (a)(2), be

credited to the officer under subsection (b)(1)(A) to the extent

that the number of years normally required to complete such

advanced education or receive such advanced degree exceeds the

actual number of years in which such advanced education or degree

is obtained by the officer.

(2) A graduate of the United States Military Academy, the United

States Naval Academy, or the United States Air Force Academy is not

entitled to service credit under this section for service

performed, or education, training, or experience obtained, before

graduation from such Academy.

(e) If the Secretary of Defense determines that the number of

qualified judge advocates serving on active duty in the Army, Navy,

Air Force, or Marine Corps in grades below major or lieutenant

commander is critically below the number needed by such armed force

in such grades, he may authorize the Secretary of the military

department concerned to credit any person receiving an original

appointment in the Judge Advocate General's Corps of the Army or

Navy, or any person receiving an original appointment in the Air

Force or Marine Corps with a view to designation as a judge

advocate, with a period of constructive service in such an amount

(in addition to any period of service credited such person under

subsection (b)(1)) as will result in the grade of such person being

that of captain or, in the case of an officer of the Navy,

lieutenant and the date of rank of such person being junior to that

of all other officers of the same grade serving on active duty.

(f) A reserve officer (other than a warrant officer) who receives

an original appointment as an officer (other than as a warrant

officer) in the Regular Army, Regular Navy, Regular Air Force, or

Regular Marine Corps shall -

(1) in the case of an officer on the active-duty list

immediately before that appointment as a regular officer, be

appointed in the same grade and with the same date of rank as the

grade and date of rank held by the officer on the active-duty

list immediately before the appointment; and

(2) in the case of an officer not on the active-duty list

immediately before that appointment as a regular officer, be

appointed in the same grade and with the same date of rank as the

grade and date of rank which the officer would have held had the

officer been serving on the active-duty list on the date of the

appointment as a regular officer.

-SOURCE-

(Added Pub. L. 96-513, title I, Sec. 104(a), Dec. 12, 1980, 94

Stat. 2846; amended Pub. L. 97-22, Sec. 3(c), July 10, 1981, 95

Stat. 125; Pub. L. 98-94, title X, Sec. 1007(c)(1), Sept. 24, 1983,

97 Stat. 662; Pub. L. 100-180, div. A, title VII, Sec. 714(a),

Dec. 4, 1987, 101 Stat. 1112; Pub. L. 103-160, div. A, title V,

Sec. 509(a), Nov. 30, 1993, 107 Stat. 1647.)

-MISC1-

AMENDMENTS

1993 - Subsec. (b)(1)(A). Pub. L. 103-160, Sec. 509(a)(1), in

second sentence, substituted ''In determining'' for ''Except as

provided in clause (E), in determining'' and ''advanced education

required'' for ''postsecondary education in excess of four that are

required''.

Subsec. (b)(1)(E), (F). Pub. L. 103-160, Sec. 509(a)(2), (3),

redesignated subpar. (F) as (E) and struck out former subpar. (E)

which read as follows: ''Additional credit of one year for advanced

education in a health profession if the number of years of

baccalaureate education completed by 75 percent or more of the

students entering advanced training in that health profession

exceeds, by one or more, the minimum number of years of

preprofessional education required by a majority of institutions

which award degrees in that health profession. The percentage of

such persons shall be computed on an annual basis for each health

profession from the data for the year in which the person being

appointed, designated, or assigned was admitted to a professional

school. However, a person may not receive additional credit under

this clause if the amount of his baccalaureate education does not

exceed, by one or more, the minimum number of years of

preprofessional education required by a majority of institutions

which award degrees for that health profession, determined on the

basis prescribed in the preceding sentence.''

1987 - Subsec. (b)(1)(B). Pub. L. 100-180 designated existing

provisions as cl. (i) and added cl. (ii).

1983 - Subsec. (a)(1). Pub. L. 98-94 inserted '', the National

Oceanic and Atmospheric Administration, or the Public Health

Service''.

1981 - Subsec. (b)(1)(A). Pub. L. 97-22, Sec. 3(c)(1), inserted

'', designated, or assigned'' in first sentence after ''persons

appointed'' and substituted ''Except as provided in clause (E), in

determining the number of years of constructive service to be

credited under this clause to officers in any professional field,

the Secretary concerned shall credit an officer with, but with not

more than, the number of years of postsecondary education in excess

of four that are required by a majority of institutions that award

degrees in that professional field for completion of the advanced

education or award of the advanced degree'' for ''(Except as

provided in clause (E), in determining the years of constructive

service under this clause, the Secretary concerned shall grant

credit for only the number of years normally required to complete

the advanced education or receive the advanced degree''.

Subsec. (b)(1)(B). Pub. L. 97-22, Sec. 3(c)(2), substituted

''appointment, designation, or assignment, if such advanced

education'' for ''appointment as an officer, if such advanced

education''.

Subsec. (b)(1)(E). Pub. L. 97-22, Sec. 3(c)(3), substituted

''person being appointed, designated, or assigned was admitted''

for ''person being appointed was admitted''.

Subsec. (d)(1). Pub. L. 97-22, Sec. 3(c)(4), inserted provision

that, in the case of an officer who completes advanced education or

receives an advanced degree while on active duty or in an active

status and in less than the number of years normally required to

complete such advanced education or receive such advanced degree,

constructive service may, subject to regulations prescribed under

subsection (a)(2), be credited to the officer under subsection

(b)(1)(A) to the extent that the number of years normally required

to complete such advanced education or receive such advanced degree

exceeds the actual number of years in which such advanced education

or degree is obtained by the officer.

Subsec. (f). Pub. L. 97-22, Sec. 3(c)(5), substituted ''A reserve

officer (other than a warrant officer) who receives an original

appointment as an officer (other than as a warrant officer) in the

Regular Army, Regular Navy, Regular Air Force, or Regular Marine

Corps shall (1) in the case of an officer on the active-duty list

immediately before that appointment as a regular officer, be

appointed in the same grade and with the same date of rank as the

grade and date of rank held by the officer on the active-duty list

immediately before the appointment; and (2) in the case of an

officer not on the active-duty list immediately before that

appointment as a regular officer, be appointed in the same grade

and with the same date of rank as the grade and date of rank which

the officer would have held had the officer been serving on the

active-duty list on the date of the appointment as a regular

officer'' for ''An officer of a reserve component who receives an

original appointment as an officer (other than a warrant officer)

in the Regular Army, Regular Navy, Regular Air Force, or Regular

Marine Corps shall be appointed in the grade and with the date of

rank to which he would have been entitled had he been serving on

active duty as an officer of a reserve component on the date of

such original appointment as a regular officer''.

RATIFICATION OF SERVICE CREDIT AWARDED PRIOR TO NOVEMBER 30, 1993

Section 509(e) of Pub. L. 103-160 provided that: ''To the extent

that service credit awarded before the date of the enactment of

this Act (Nov. 30, 1993) under section 533, 3353, 5600, or 8353 of

title 10, United States Code, based on advanced education in

medicine or dentistry was awarded consistent with that section as

amended by this section (whether or not properly awarded under that

section as in effect before such amendment), the awarding of that

service credit is hereby ratified.''

TRANSITION PROVISION UNDER DEFENSE OFFICER PERSONNEL MANAGEMENT ACT

For savings provision relating to constructive service previously

granted, see section 625 of Pub. L. 96-513, set out as a note under

section 611 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 531, 603 of this title;

title 33 section 3071.

-CITE-

10 USC Sec. 541 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33 - ORIGINAL APPOINTMENTS OF REGULAR OFFICERS IN GRADES

ABOVE WARRANT OFFICER GRADES

-HEAD-

Sec. 541. Graduates of the United States Military, Naval, and Air

Force Academies

-STATUTE-

(a) Notwithstanding any other provision of law, each cadet at the

United States Military Academy or the United States Air Force

Academy, and each midshipman at the United States Naval Academy, is

entitled, before graduating from that Academy, to state his

preference for appointment, upon graduation, as a commissioned

officer in either the Army, Navy, Air Force, or Marine Corps.

(b) With the consent of the Secretary of the military department

administering the Academy from which the cadet or midshipman is to

be graduated, and of the Secretary of the military department

having jurisdiction over the armed force for which that graduate

stated his preference, the graduate is entitled to be accepted for

appointment in that armed force. However, not more than 12 1/2

percent of any graduating class at an Academy may be appointed in

armed forces not under the jurisdiction of the military department

administering that Academy.

(c) The Secretary of Defense shall, by regulation, provide for

the equitable distribution of appointments in cases where more than

12 1/2 percent of the graduating class of any Academy request

appointment in armed forces not under the jurisdiction of the

military department administering that Academy.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 19.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

541(a) 10:1092c-1(a) (1st Apr. 1, 1954, ch.

59 words of 1st 127, Sec. 8, 68

sentence). Stat. 48.

10:1856(a) (1st 59

words of 1st

sentence).

34:1057-1(a) (1st 59

words of 1st

sentence).

541(b) 10:1092c-1(a) (1st

sentence, less 1st

59 words).

10:1856(a) (1st

sentence, less 1st

59 words).

34:1057-1(a) (1st

sentence, less 1st

59 words).

541(c) 10:1092c-1 (less

(a)).

10:1856 (less (a)).

34:1057-1 (less

(a)).

-------------------------------

In subsection (a), the words ''is entitled * * * to'' are

substituted for the words ''shall * * * be afforded an opportunity

to''.

In subsection (b), the words ''is entitled'' are substituted for

the word ''shall''.

In subsection (c), the words ''and fair'' are omitted as

surplusage. 10:1092c-1(c), 10:1856(c), and 34:1057-1(c) are omitted

as covered by section 51(a) of the bill.

EFFECTIVE DATE

Section 52(a) of act Aug. 10, 1956, provided that: ''Section 541

of title 10, United States Code, enacted by section 1 of this Act,

takes effect (1) in the year in which the initial class graduates

from the United States Air Force Academy, or (2) upon the

rescission of the agreement under which graduates of the United

States Military Academy and the United States Naval Academy may

volunteer for appointment in the Air Force, whichever is earlier.''

APPOINTMENT OF UNITED STATES MILITARY ACADEMY GRADUATES IN AIR

FORCE

Section 44 of act Aug. 10, 1956, provided that:

''(a) Notwithstanding any other provision of law, a cadet who

graduates from the United States Military Academy may, upon

graduation and before the effective date of section 541 of title

10, United States Code, be appointed a second lieutenant in the

Regular Air Force.

''(b) Notwithstanding any other provision of law, no person who

was a cadet at the United States Military Academy may be originally

appointed in a commissioned grade in the Regular Air Force under

this section before the date on which his classmates at the Academy

are graduated and appointed as officers. No person who was a cadet

at, but did not graduate from, the Academy may be credited, upon

appointment as a commissioned officer of the Regular Air Force,

with longer service than that credited to any member of his class

at the Academy whose service in the Air Force, or in the Army and

the Air Force, has been continuous since graduation.

''(c) A graduate of the United States Military Academy who is

originally appointed a second lieutenant in the Regular Air Force

under this section is not entitled to any service credit under this

section.

''(d) Rank among graduates of each class of the United States

Military Academy who, upon graduation, are appointed in the Regular

Air Force under this section shall be fixed under regulations

prescribed by the Secretary of the Air Force.

''(e) The authorized strength in any regular grade is

automatically increased to the minimum extent necessary to give

effect to each appointment made under this section. An authorized

strength so increased is increased for no other purpose, and while

he holds that grade the officer whose appointment caused the

increase is counted for the purpose of determining when other

appointments, not under this section, may be made in that grade.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 583 of this title.

-CITE-

10 USC Sec. 555 to 565 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33 - ORIGINAL APPOINTMENTS OF REGULAR OFFICERS IN GRADES

ABOVE WARRANT OFFICER GRADES

-HEAD-

(Sec. 555 to 565. Repealed. Pub. L. 102-190, div. A, title XI,

Sec. 1112(a), Dec. 5, 1991, 105 Stat. 1492)

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Section 555, acts Aug. 10, 1956, ch. 1041, 70A Stat. 20; Sept. 7,

1962, Pub. L. 87-649, Sec. 6(f)(2), 14c(2), 76 Stat. 494, 501; July

30, 1977, Pub. L. 95-79, title III, Sec. 302(a)(4), 91 Stat. 326;

Nov. 8, 1985, Pub. L. 99-145, title V, Sec. 531(a), title XIII,

Sec. 1303(a)(5), 99 Stat. 633, 739, related to warrant officer

grades. See section 571(a) and (b) of this title.

Section 556, act Aug. 10, 1956, ch. 1041, 70A Stat. 20, related

to credit for service of persons originally appointed in regular

warrant officer grades under section 555 of this title. See

section 572 of this title.

Section 557, act Aug. 10, 1956, ch. 1041, 70A Stat. 20, related

to qualifications for promotion of regular warrant officers.

Section 558, act Aug. 10, 1956, ch. 1041, 70A Stat. 20, related

to appointment of selection boards to consider promotions of

regular warrant officers. See section 573(a), (b), (e), and (f) of

this title.

Section 559, act Aug. 10, 1956, ch. 1041, 70A Stat. 21, related

to eligibility of regular warrant officers for promotion.

Section 560, acts Aug. 10, 1956, ch. 1041, 70A Stat. 21; Sept. 2,

1958, Pub. L. 85-861, Sec. 33(a)(3), 72 Stat. 1564, related to

selection procedure for promotion of warrant officers. See section

576(a) to (e) of this title.

Section 561, act Aug. 10, 1956, ch. 1041, 70A Stat. 22, related

to effect of failure of selection of regular warrant officers for

promotion. See section 577 of this title.

Section 562, act Aug. 10, 1956, ch. 1041, 70A Stat. 22, related

to disapproval of promotion of regular warrant officers by

Secretary concerned, President, or Senate. See section 579 of this

title.

Section 563, act Aug. 10, 1956, ch. 1041, 70A Stat. 22, related

to effective date of promotion of regular warrant officer.

Section 564, acts Aug. 10, 1956, ch. 1041, 70A Stat. 22; Sept. 7,

1962, Pub. L. 87-649, Sec. 6(f)(3), 76 Stat. 494; Nov. 2, 1966,

Pub. L. 89-718, Sec. 3, 80 Stat. 1115; Dec. 12, 1980, Pub. L.

96-513, title V, Sec. 501(6), 94 Stat. 2907, related to effect of

second failure of promotion for regular warrant officers. See

section 580(a) to (d) of this title.

Section 565, act Aug. 10, 1956, ch. 1041, 70A Stat. 24, related

to suspension of laws for promotion or mandatory retirement or

separation of regular warrant officers during war or emergency.

EFFECTIVE DATE OF REPEAL

Repeal effective Feb. 1, 1992, see section 1132 of Pub. L.

102-190, set out as an Effective Date of 1991 Amendment note under

section 521 of this title.

PRESERVATION OF EXISTING LAW FOR COAST GUARD

Pub. L. 102-190, div. A, title XI, Sec. 1125(a), Dec. 5, 1991,

105 Stat. 1505, provided that sections 555 to 565 of this title, as

in effect on the day before Feb. 1, 1992, would continue to apply

to the Coast Guard on and after that date, prior to repeal by Pub.

L. 103-337, div. A, title V, Sec. 541(f)(1), Oct. 5, 1994, 108

Stat. 2766.

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