US (United States) Code. Title 10. Subtitle B. Part II. Chapter 335: Appointments in the regular army

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-CITE-

10 USC CHAPTER 335 - APPOINTMENTS IN THE REGULAR ARMY 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 335 - APPOINTMENTS IN THE REGULAR ARMY

.

-HEAD-

CHAPTER 335 - APPOINTMENTS IN THE REGULAR ARMY

-MISC1-

Sec.

3281. Commissioned officer grades.

3282. General officers: title of office.

3283. Commissioned officers: appointment without specification of

branch; transfer between branches.

(3284 to 3309. Repealed.)

3310. Warrant officers: original appointment; qualifications.

(3311 to 3314. Repealed.)

AMENDMENTS

1980 - Pub. L. 96-513, title V, Sec. 502(8), Dec. 12, 1980, 94

Stat. 2909, struck out items 3284 ''Commissioned officers:

appointment, how made'', 3285 ''Commissioned officers: original

appointment; qualifications'', 3286 ''Commissioned officers:

original appointment; age limitations'', 3287 ''Commissioned

officers: original appointment; service credit'', 3288

''Commissioned officers: original appointment; determination of

grade'', 3289 ''Commissioned officers; Medical Corps: original

appointment; professional examination'', 3290 ''Commissioned

officers; Medical Service Corps: original appointment; additional

qualifications, grade'', 3291 ''Commissioned officers: Army Nurse

Corps and Army Medical Specialist Corps: original appointment;

additional qualifications, grade'', 3292 ''Commissioned officers;

Judge Advocate General's Corps: original appointment; additional

qualifications, grade'', 3293 ''Commissioned officers; Chaplains:

original appointment; examination'', 3294 ''Commissioned officers;

Medical and Dental Corps: original appointment'', 3295

''Commissioned officers: original appointment; determination of

place on promotion list'', 3296 ''Promotion lists: promotion-list

officer defined; determination of place upon transfer or

promotion'', 3297 ''Selection boards'', 3298 ''Commissioned

officers: promotion to first lieutenant; effect of failure of

promotion'', 3299 ''Commissioned officers: promotion to captain,

major, or lieutenant colonel'', 3300 ''Commissioned officers:

promotion to captain, major, or lieutenant colonel; selection board

procedure'', 3302 ''Commissioned officers: Medical, Dental, and

Veterinary Corps: promotion to captain, major, or lieutenant

colonel; professional examination'', 3303 ''Commissioned officers:

effect of failure of promotion to captain, major, or lieutenant

colonel'', 3305 ''Commissioned officers: promotion to colonel'',

3306 ''Commissioned officers: promotion to brigadier general'',

3307 ''Commissioned officers: promotion to major general'', 3308

''Commissioned officers: effect of removal from recommended list by

President or failure of confirmation by Senate'', 3309

''Commissioned officers: physical examination for promotion'', 3312

''Officers: acceptance of promotion'', 3313 ''Suspension of laws

for promotion or mandatory retirement or separation during war or

emergency'', and 3314 ''Commissioned officers: promotion not to be

delayed by another appointment''.

1978 - Pub. L. 95-485, title VIII, Sec. 820(d)(5), Oct. 20, 1978,

92 Stat. 1627, struck out item 3311 ''Officers: female; limitations

on appointment''.

1967 - Pub. L. 90-130, Sec. 1(10)(C), (E), Nov. 8, 1967, 81 Stat.

375, struck out item 3304 ''Commissioned officers; Army Nurse Corps

and Army Medical Specialist: promotion to lieutenant colonel or

colonel'', and struck out ''other than officers in Army Nurse Corps

and Army Medical Specialist Corps'' after ''Commissioned officers''

in item 3305.

1958 - Pub. L. 85-861, Sec. 1(79)(B), Sept. 2, 1958, 72 Stat.

1468, added item 3314.

1957 - Pub. L. 85-155, title I, Sec. 101(9), (15), (17), Aug. 21,

1957, 71 Stat. 377, 379, substituted ''Army Medical Specialist

Corps'' for ''Women's Medical Specialist Corps'' in item 3291,

''Army Medical Specialist'' for ''Women's Medical Specialist

Corps'' and ''promotion to lieutenant colonel or colonel'' for

''promotion to first lieutenant, captain, major, or lieutenant

colonel'' in item 3304, and ''Commissioned officers other than

officers in Army Nurse Corps and Army Medical Specialist Corps''

for ''Commissioned officers'' in item 3305.

-CITE-

10 USC Sec. 3281 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 335 - APPOINTMENTS IN THE REGULAR ARMY

-HEAD-

Sec. 3281. Commissioned officer grades

-STATUTE-

The commissioned grades in the Regular Army are:

(1) Major general.

(2) Brigadier general.

(3) Colonel.

(4) Lieutenant colonel.

(5) Major.

(6) Captain.

(7) First lieutenant.

(8) Second lieutenant.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 181.)

-MISC1-

Historical and Revision Notes

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

Large)

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3281 10:506(a) (last 24 Aug. 7, 1947, ch.

words). 512, Sec. 502(a)

(last 24 words), 61

Stat. 884.

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

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10 USC Sec. 3282 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 335 - APPOINTMENTS IN THE REGULAR ARMY

-HEAD-

Sec. 3282. General officers: title of office

-STATUTE-

An officer holding an appointment as a general officer in the

Regular Army may be called a general officer in the Regular Army.

In addition, a general officer of the Regular Army in the Medical

Corps, Dental Corps, Veterinary Corps, Judge Advocate General's

Corps, or the Chaplains, may be called a general officer of that

branch.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 181.)

-MISC1-

Historical and Revision Notes

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

Large)

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3282 10:506(b) (less 2d Aug. 7, 1947, ch.

sentence). 512, Sec. 502(b)

(less 2d sentence),

61 Stat. 884.

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

The words ''may be called'' are substituted for the words ''shall

be known as'' and ''may be specifically referred to''. The words

''of that branch'' are substituted for the enumeration of branches.

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10 USC Sec. 3283 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 335 - APPOINTMENTS IN THE REGULAR ARMY

-HEAD-

Sec. 3283. Commissioned officers: appointment without specification

of branch; transfer between branches

-STATUTE-

(a) Appointments in commissioned grades in the Regular Army shall

be made without specification of branch except in each of the

special branches and as professors or director of admissions of the

United States Military Academy.

(b) Commissioned officers appointed in the Regular Army without

specification of branch shall be assigned, and may be transferred

and reassigned, by the Secretary of the Army to branches other than

the special branches, according to their professional

qualifications and the needs of the Army.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 181; Pub. L. 85-600, Sec. 1(4),

Aug. 6, 1958, 72 Stat. 522; Pub. L. 95-485, title VIII, Sec.

820(d)(1), Oct. 20, 1978, 92 Stat. 1627; Pub. L. 95-551, Sec. 2,

Oct. 30, 1978, 92 Stat. 2069.)

-MISC1-

Historical and Revision Notes

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

Large)

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3283(a) 3283(b) 10:506(b) (2d Aug. 7, 1947, ch.

sentence). 512, Sec. 502(b)

10:506(c) (1st (2d sentence), (c)

sentence). (less proviso), 61

10:506(c) (less 1st Stat. 884; June 12,

sentence and less 1948, ch. 449, Sec.

proviso). 104(d)(1), 62 Stat.

358.

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

Subsection (a) is substituted for 10:506(b) (2d sentence) and

506(c) (1st sentence). The words ''in each of the special

branches'' are substituted for the enumeration of branches in

10:506(b) (2d sentence) and for the words ''each of the several

corps of the Army Medical Service, as chaplains'', in 10:506(c).

In subsection (b), the words ''other than the special branches

and the Women's Army Corps'' are substituted for 10:506(c) (words

between 3d and 4th parentheses). The word ''their'' is substituted

for the words ''of the officers concerned''. The words ''of the

Army'' are substituted for the words ''of the branches, arms, and

services''. The words ''from time to time'' and ''arms, and

services'' are omitted as surplusage.

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-551 substituted ''director of

admissions'' for ''registrar''.

Pub. L. 95-485 struck out '', in the Women's Army Corps,'' after

''special branches''.

Subsec. (b). Pub. L. 95-485 struck out ''and the Women's Army

Corps'' after ''special branches''.

1958 - Subsec. (a). Pub. L. 85-600 inserted reference to

registrar of the Military Academy.

-CITE-

10 USC Sec. 3284 to 3300 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 335 - APPOINTMENTS IN THE REGULAR ARMY

-HEAD-

(Sec. 3284 to 3300. Repealed. Pub. L. 96-513, title II, Sec. 204,

Dec. 12, 1980, 94 Stat. 2880)

-MISC1-

Section 3284, act Aug. 10, 1956, ch. 1041, 70A Stat. 181,

provided that appointments in commissioned grades in Regular Army

be made by President, by and with the advice and consent of Senate.

See section 531 of this title.

Section 3285, acts Aug. 10, 1956, ch. 1041, 70A Stat. 181; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(72), 72 Stat. 1465, prescribed

eligibility requirements for original appointment in a commissioned

grade in Regular Army, except in Medical Corps or Dental Corps and

except a graduating cadet. See section 532 of this title.

Section 3286, acts Aug. 10, 1956, ch. 1041, 70A Stat. 181; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(73), 72 Stat. 1465, prescribed age

limitations for original appointment in a commissioned grade in

Regular Army, except in Medical Corps, Dental Corps, Army Nurse

Corps, or Army Medical Specialist Corps. See section 532 of this

title.

Section 3287, acts Aug. 10, 1956, ch. 1041, 70A Stat. 182; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(74), 72 Stat. 1466, provided

service credit, in the discretion of the Secretary of the Army, for

a person originally appointed in a commissioned grade in the

Regular Army, except the Medical Corps, Dental Corps, Army Nurse

Corps, or Army Medical Specialist Corps, for the purpose of

determining grade, position on a promotion list, seniority in his

grade in the Regular Army, and eligibility for promotion, with

appointment and service credit restrictions on persons who were

cadets at the United States Military, Naval, or Air Force Academies

but were not graduated, and a disallowance of service credits under

this section for persons who graduated from one of these Academies.

See section 533 of this title.

Section 3288, acts Aug. 10, 1956, ch. 1041, 70A Stat. 183; Aug.

21, 1957, Pub. L. 85-155, title I, Sec. 101(7), 71 Stat. 376; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(75), 72 Stat. 1466, provided for

determination of grade of a person originally appointed as a

commissioned officer in Regular Army, except in Medical Corps,

Dental Corps, Army Nurse Corps, or Army Medical Specialist Corps.

See section 533 of this title.

Section 3289, act Aug. 10, 1956, ch. 1041, 70A Stat. 183,

provided that no person be originally appointed as a first

lieutenant in Regular Army in Medical Corps until he passes an

examination of his professional fitness before an examining board

composed of at least three officers of Medical Corps designated by

Secretary of the Army. See section 532 of this title.

Section 3290, act Aug. 10, 1956, ch. 1041, 70A Stat. 183,

provided that an original appointment in Regular Army in Medical

Service Corps be made only in grade of second lieutenant and from

members of Regular Army, reserves not in an inactive status, or

graduates of an accredited school of pharmacy or optometry, or of a

school or college who hold a degree in a science allied to medicine

or any other degree approved by Surgeon General. See section 532 of

this title.

Section 3291, acts Aug. 10, 1956, ch. 1041, 70A Stat. 183; Aug.

21, 1957, Pub. L. 85-155, title I, Sec. 101(8), 71 Stat. 376; Sept.

30, 1966, Pub. L. 89-609, Sec. 1(4), 80 Stat. 852, prescribed

eligibility requirements for an original appointment in Regular

Army in Army Nurse Corps or Army Medical Specialist Corps in grade

of second lieutenant, first lieutenant, and captain and provided

for determination of years of service creditable for promotion.

See section 532 of this title.

Section 3292, act Aug. 10, 1956, ch. 1041, 70A Stat. 184,

provided that original appointments in commissioned grades in

Regular Army in Judge Advocate General's Corps be made from

officers of Regular Army in other branches, reserve commissioned

officers assigned to Judge Advocate General's Corps, or qualified

civilian graduates of accredited law schools. See section 532 of

this title.

Section 3293, act Aug. 10, 1956, ch. 1041, 70A Stat. 184,

provided that no person in civil life be originally appointed as a

chaplain in Regular Army unless he has passed an examination

prescribed by President as to his morale, mental, and physical

qualifications. See section 532 of this title.

Section 3294, acts Aug. 10, 1956, ch. 1041, 70A Stat. 184; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(77), 72 Stat. 1467, provided that

original appointments in Regular Army be made in grades of first

lieutenant through colonel in Medical Corps or Dental Corps as the

Army requires, from qualified doctors of medicine, osteopathy, or

dentistry who are citizens of the United States and have such other

qualifications as the Secretary of the Army prescribes, with

specific additional eligibility requirements for a doctor of

osteopathy, and that officers so appointed receive service credit

for determining grade, position on a promotion list, seniority in

grade in Regular Army, and eligibility for promotion. See section

532 of this title.

Section 3295, acts Aug. 10, 1956, ch. 1041, 70A Stat. 184; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(78), 72 Stat. 1467, provided for

determination of the place on a promotion list of name of each

person who is originally appointed in a commissioned grade in

Regular Army and whose name is to be carried on a promotion list,

other than persons appointed in Medical Corps, Dental Corps, Army

Nurse Corps, or Army Medical Specialist Corps. See section 624 of

this title.

Section 3296, acts Aug. 10, 1956, ch. 1041, 70A Stat. 184; Aug.

21, 1957, Pub. L. 85-155, title I, Sec. 101(10), 71 Stat. 377; Aug.

6, 1958, Pub. L. 85-600, Sec. 1(5), 72 Stat. 522; June 4, 1968,

Pub. L. 90-329, 82 Stat. 170; Oct. 20, 1978, Pub. L. 95-485, title

VIII, Sec. 820(d)(2), 92 Stat. 1627; Oct. 30, 1978, Pub. L. 95-551,

Sec. 2, 92 Stat. 2069, provided for promotion lists in Regular Army

for all commissioned officers in grades below brigadier general on

active list, with exceptions, which officers are known as

''promotion-list officers'', a separate list for Chaplains and each

of the several branches of Army Medical Department, and

determination of place on list upon transfer or promotion. See

section 624 of this title.

Section 3297, acts Aug. 10, 1956, ch. 1041, 70A Stat. 185; Aug.

21, 1957, Pub. L. 85-155, title I, Sec. 101(11), 71 Stat. 377; July

12, 1960, Pub. L. 86-616, Sec. 1(1), 74 Stat. 386; Oct. 20, 1978,

Pub. L. 95-485, title VIII, Sec. 820(d)(3), 92 Stat. 1627, provided

for selection boards to recommend promotion-list officers and

brigadier generals of Regular Army for promotion in Regular Army.

See section 611 et seq. of this title.

Section 3298, acts Aug. 10, 1956, ch. 1041, 70A Stat. 185; Aug.

21, 1957, Pub. L. 85-155, title I, Sec. 101(12), 71 Stat. 377; Nov.

8, 1967, Pub. L. 90-130, Sec. 1(10)(A), 81 Stat. 375, provided for

promotion from grade of second lieutenant to first lieutenant after

3 years of service, discharge under section 3814 of this title upon

failure of promotion, and filling vacancies for first lieutenants

with second lieutenants prior to completion of 3 years of service.

See section 630 of this title.

Section 3299, acts Aug. 10, 1956, ch. 1041, 70A Stat. 186; Aug.

21, 1957, Pub. L. 85-155, title I, Sec. 101(13), 71 Stat. 377;

Sept. 2, 1958, Pub. L. 85-861, Sec. 33(a)(21), 72 Stat. 1565; Nov.

8, 1967, Pub. L. 90-130, Sec. 1(10)(B), 81 Stat. 375, provided that

promotion-list officers be promoted to regular grades of captain,

major, and lieutenant colonel, after specified length of service or

without regard to length of service in view of actual or

anticipated vacancies if Secretary of the Army so directs, or be

eliminated from active list under section 3303 of this title and a

promotion-list officer who has twice been considered and not

recommended for promotion to any one regular grade not be again

considered for promotion under this section. See sections 631 and

632 of this title.

Section 3300, acts Aug. 10, 1956, ch. 1041, 70A Stat. 186; July

12, 1960, Pub. L. 86-616, Sec. 1(2), 74 Stat. 386, provided for

selection board procedure when promotion-list officers in regular

grade of first lieutenant, captain, or major are to be considered

for promotion under section 3299 of this title. See section 611 et

seq. of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 3302, 3303 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 335 - APPOINTMENTS IN THE REGULAR ARMY

-HEAD-

(Sec. 3302, 3303. Repealed. Pub. L. 96-513, title II, Sec. 204,

Dec. 12, 1980, 94 Stat. 2880)

-MISC1-

Section 3302, act Aug. 10, 1956, ch. 1041, 70A Stat. 187, related

to promotion to captain, major, or lieutenant colonel of

commissioned officers of Medical Corps, Dental Corps, and

Veterinary Corps upon examination of professional fitness and

effect upon failure of promotion. See sections 631 and 632 of this

title.

Section 3303, acts Aug. 10, 1956, ch. 1041, 70A Stat. 188; July

12, 1960, Pub. L. 86-616, Sec. 1(3), 74 Stat. 386; June 28, 1962,

Pub. L. 87-509, Sec. 4(a), 76 Stat. 121, related to effect of

failure of a promotion-list officer considered for promotion to

grade of captain, major, or lieutenant colonel under section 3299

of this title to be recommended for promotion, which officer was to

be known as a ''deferred officer''. See sections 631 and 632 of

this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 3304 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 335 - APPOINTMENTS IN THE REGULAR ARMY

-HEAD-

(Sec. 3304. Repealed. Pub. L. 90-130, Sec. 1(10)(C), Nov. 8, 1967,

81 Stat 375)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 189; Aug. 21,

1957, Pub. L. 85-155, title I, Sec. 101(14), 71 Stat. 378, covered

promotion of officers in the Army Nurse Corps and the Army Medical

Specialists Corps to colonel and lieutenant colonel, set out the

requirements of officers on the promotion lists, and provided for

the procedure to be followed in determining the order of promotion.

-CITE-

10 USC Sec. 3305 to 3309 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 335 - APPOINTMENTS IN THE REGULAR ARMY

-HEAD-

(Sec. 3305 to 3309. Repealed. Pub. L. 96-513, title II, Sec. 204,

Dec. 12, 1980, 94 Stat. 2880)

-MISC1-

Section 3305, acts Aug. 10, 1956, ch. 1041, 70A Stat. 189; Aug.

21, 1957, Pub. L. 85-155, title I, Sec. 101(16), 71 Stat. 379; Nov.

8, 1967, Pub. L. 90-130, Sec. 1(10)(D), (E), 81 Stat. 375, related

to promotion of officers in regular grade of lieutenant colonel to

grade of colonel. See section 619 et seq. of this title.

Section 3306, act Aug. 10, 1956, ch. 1041, 70A Stat. 190, related

to promotion of officers in regular grade of colonel to grade of

brigadier general. See section 619 et seq. of this title.

Section 3307, act Aug. 10, 1956, ch. 1041, 70A Stat. 191, related

to promotion of officers in regular grade of brigadier general to

grade of major general. See section 619 et seq. of this title.

Section 3308, act Aug. 10, 1956, ch. 1041, 70A Stat. 192, related

to effect of removal from recommended list by President of name of

any promotion-list officer or brigadier general of Regular Army who

in President's opinion is not qualified for promotion or who is not

confirmed by Senate. See section 629 of this title.

Section 3309, act Aug. 10, 1956, ch. 1041, 70A Stat. 192,

provided that President prescribe a system of physical examination

for all commissioned officers of Regular Army in grades below

brigadier general to determine their fitness for promotion in

Regular Army. See section 624 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-

10 USC Sec. 3310 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 335 - APPOINTMENTS IN THE REGULAR ARMY

-HEAD-

Sec. 3310. Warrant officers: original appointment; qualifications

-STATUTE-

Original appointments as warrant officers in the Regular Army

shall be made from persons who have served on active duty at least

one year in the Army.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 192.)

-MISC1-

Historical and Revision Notes

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

Large)

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3310 10:591. (Uncodified: June 3, 1916, ch.

June 3, 1916, ch. 134, Sec. 4a (less

134, Sec. 4a (less 3d and last

3d and last sentences); added

sentences); added June 4, 1920, ch.

June 4, 1920, ch. 227, subch. I, Sec.

227, subch. I, Sec. 4 (3d par., less 3d

4 (3d par., less 3d and last

and last sentences), 41

sentences), 41 Stat. 761. Aug. 21,

Stat. 761). 1941, ch. 384, Sec.

2; restated May 29,

1954, ch. 249, Sec.

19(c), 68 Stat.

166.

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

The first sentence of section 4a of the Act of June 3, 1916,

cited above, is omitted as superseded by section 3213 of this

title. The second sentence, less first nine words, of section 4a

of that act, is omitted as superseded by 10:591.

-CITE-

10 USC Sec. 3311 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 335 - APPOINTMENTS IN THE REGULAR ARMY

-HEAD-

(Sec. 3311. Repealed. Pub. L. 95-485, title VIII, Sec. 820(d)(4),

Oct. 20, 1978, 92 Stat. 1627)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 192; Sept. 2,

1958, Pub. L. 85-861, Sec. 1(60), 72 Stat. 1462, provided that with

the exception of those appointed as commissioned officers in

Medical Corps, Dental Corps, Medical Service Corps, Veterinary

Corps, Army Nurse Corps, or Army Medical Specialist Corps, women be

appointed as commissioned officers in Regular Army only in Women's

Army Corps.

-CITE-

10 USC Sec. 3312 to 3314 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 335 - APPOINTMENTS IN THE REGULAR ARMY

-HEAD-

(Sec. 3312 to 3314. Repealed. Pub. L. 96-513, title II, Sec. 204,

Dec. 12, 1980, 94 Stat. 2880)

-MISC1-

Section 3312, act Aug. 10, 1956, ch. 1041, 70A Stat. 193,

provided that an officer who is promoted in Regular Army is

considered to have accepted his promotion on date of the order

announcing it, unless he expressly declines it, without the need to

take oath of office upon promotion if his service since last taking

it has been continuous. See section 626 of this title.

Section 3313, act Aug. 10, 1956, ch. 1041, 70A Stat. 193,

provided that in time of war or national emergency declared by

Congress or President, President may suspend operation of provision

of law relating to promotion, mandatory retirement, or separation

of commissioned officers of the Regular Army. See section 123(a)

and (b) of this title.

Section 3314, added Pub. L. 85-861, Sec. 1(79)(A), Sept. 2, 1958,

72 Stat. 1467, provided that promotion to a higher grade of a

commissioned officer of Regular Army who is on a recommendation

list awaiting promotion not be withheld or delayed because of

original appointment of any other person to a commissioned grade in

Regular Army and that this section does not apply to appointments

in Medical Corps, Dental Corps, Army Nurse Corps, or Army Medical

Specialist Corps. See section 624 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 15, 1981, see section 701 of Pub. L.

96-513, set out as an Effective Date of 1980 Amendment note under

section 101 of this title.

-CITE-