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10 USC CHAPTER 341 - ACTIVE DUTY 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 341 - ACTIVE DUTY

.

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CHAPTER 341 - ACTIVE DUTY

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Sec.

3491. Non-regular officers: status.

(3492 to 3502. Repealed.)

3503. Retired commissioned officers: status.

(3504. Repealed.)

AMENDMENTS

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1672(b)(4), Oct.

5, 1994, 108 Stat. 3015, struck out items 3495 ''Army National

Guard of United States: status'', 3496 ''Army National Guard of

United States: commissioned officers; duty in National Guard

Bureau'', 3497 ''Army National Guard of United States: members;

status in which ordered into Federal service'', 3498 ''Army

National Guard of United States: mobilization; maintenance of

organization'', 3499 ''Army National Guard in Federal service:

status'', 3500 ''Army National Guard in Federal service: call'',

3501 ''Army National Guard in Federal service: period of service;

apportionment'', and 3502 ''Army National Guard in Federal service:

physical examination''.

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

Stat. 2910, struck out item 3494 ''Commissioned officers: grade in

which ordered to active duty'' and item 3504 ''Retired members:

limitations; grade''.

1968 - Pub. L. 90-235, Sec. 1(a)(3), (b), Jan. 2, 1968, 81 Stat.

753, struck out item 3492 ''Members: service extension during

war'', and item 3493 ''Army Reserve: commissioned officers with

Corps of Engineers''.

1958 - Pub. L. 85-861, Sec. 1(82)(B), Sept. 2, 1958, 72 Stat.

1481, added item 3494.

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10 USC Sec. 3491 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 341 - ACTIVE DUTY

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Sec. 3491. Non-regular officers: status

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A commissioned officer of the Army, other than of the Regular

Army, who is on active duty in any commissioned grade has the

rights and privileges, and is entitled to the benefits, provided by

law for a commissioned officer of the Army Reserve -

(1) whose reserve grade is that in which the officer not of the

Regular Army is serving;

(2) who has the same length of service as the officer not of

the Regular Army; and

(3) who is on active duty in his reserve grade.

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(Aug. 10, 1956, ch. 1041, 70A Stat. 198.)

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Historical and Revision Notes

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

Large)

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3491 10:506d(h). Aug. 7, 1947, ch.

512, Sec. 515(h),

61 Stat. 908.

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The first 12 words are substituted for 10:506d(h) (1st 11

words). The words ''has the rights and privileges, and is entitled

to the benefits'' are substituted for the words ''shall be entitled

* * * to the same rights, privileges, and benefits''. Clause (1)

is substituted for the words ''in a grade the same as such

'active-duty grade' ''. The words ''as the officer not of the

Regular Army'' are substituted for the words ''holding appointment

in the Army Reserve''. The words ''his reserve grade'' are

substituted for the words ''the grade held in the Army Reserve''.

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10 USC Sec. 3492, 3493 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 341 - ACTIVE DUTY

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(Sec. 3492, 3493. Repealed. Pub. L. 90-235, Sec. 1(a)(2), (b), Jan.

2, 1968, 81 Stat. 753)

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Section 3492, act Aug. 10, 1956, ch. 1041, 70A Stat. 198,

provided for extension of active service of Army members during

war. See section 671a of this title.

Section 3493, act Aug. 10, 1956, ch. 1041, 70A Stat. 198,

empowered the President to order commissioned officers of the Army

Reserve to active duty with the Corps of Engineers.

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10 USC Sec. 3494 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 341 - ACTIVE DUTY

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(Sec. 3494. Repealed. Pub. L. 96-513, title II, Sec. 209(a), Dec.

12, 1980, 94 Stat. 2884)

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Section, added Pub. L. 85-861, Sec. 1(82)(A), Sept. 2, 1958, 72

Stat. 1481; amended Pub. L. 86-559, Sec. 1(20), June 30, 1960, 74

Stat. 271, provided that a reserve commissioned officer who is

ordered to active duty be ordered to that duty in his reserve grade

unless the Secretary of the Army orders him to active duty, other

than for training, in a higher temporary grade and authorized a

reserve commissioned officer who is selected for participation in a

program under which he will be ordered to active duty for at least

one academic year at a civilian school or college to be ordered,

upon his request, to that duty in a temporary grade that is lower

than his reserve grade, without affecting his reserve grade. See

section 12320 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.

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10 USC Sec. 3495 to 3502 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 341 - ACTIVE DUTY

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(Sec. 3495 to 3502. Repealed. Pub. L. 103-337, div. A, title XVI,

Sec. 1662(f)(2), Oct. 5, 1994, 108 Stat. 2994)

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Section 3495, act Aug. 10, 1956, ch. 1041, 70A Stat. 198,

provided that members of Army National Guard of United States were

not in active Federal service except when ordered thereto under

law. See section 12401 of this title.

Section 3496, act Aug. 10, 1956, ch. 1041, 70A Stat. 198,

authorized President to order commissioned officers of Army

National Guard of United States to active duty in National Guard

Bureau. See section 12402(a), (b)(1) of this title.

Section 3497, act Aug. 10, 1956, ch. 1041, 70A Stat. 199,

provided that members of Army National Guard of United States

ordered to active duty were to be ordered to duty as Reserves of

Army. See section 12403 of this title.

Section 3498, act Aug. 10, 1956, ch. 1041, 70A Stat. 199, related

to organization during initial mobilization of units of Army

National Guard of United States ordered into active Federal

service. See section 12404 of this title.

Section 3499, act Aug. 10, 1956, ch. 1041, 70A Stat. 199, related

to application of laws governing Army to members of Army National

Guard called into Federal service. See section 12405 of this

title.

Section 3500, acts Aug. 10, 1956, ch. 1041, 70A Stat. 199; Sept.

29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(a)(1),

(3), 102 Stat. 2059, authorized President to call Army National

Guard units and members into Federal service. See section 12406 of

this title.

Section 3501, acts Aug. 10, 1956, ch. 1041, 70A Stat. 199; Sept.

29, 1988, Pub. L. 100-456, div. A, title XII, Sec. 1234(a)(1), 102

Stat. 2059, related to period of service and apportionment of

members and units of Army National Guard called into Federal

service. See section 12407 of this title.

Section 3502, act Aug. 10, 1956, ch. 1041, 70A Stat. 200, related

to physical examinations of members of Army National Guard called

into Federal service. See section 12408 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as an Effective Date note

under section 10001 of this title.

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10 USC Sec. 3503 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 341 - ACTIVE DUTY

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Sec. 3503. Retired commissioned officers: status

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A retired commissioned officer of the Army who is on active duty

is considered, for all purposes except promotion, to be an officer

of the branch or organization to which he is assigned.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 200.)

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Historical and Revision Notes

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

Large)

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3503 10:999. July 9, 1918, ch.

143, subch. XX (2d

par.), 40 Stat.

893.

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The words ''and shall be an extra number therein'' are omitted,

since, in the opinion of the Judge Advocate General of the Army

(JAG 210.85, Feb. 21, 1923), they were repealed by the Act of July

31, 1935, ch. 422, 49 Stat. 505. The words ''in the discretion of

the President, employed * * * assigned to duty'' are omitted as

surplusage. The word ''branch'' is substituted for the words

''arms, corps, department'' to conform to sections 3063 and 3064 of

this title.

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10 USC Sec. 3504 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 341 - ACTIVE DUTY

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(Sec. 3504. Repealed. Pub. L. 96-513, title II, Sec. 210, Dec. 12,

1980, 94 Stat. 2884)

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Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 200; Sept. 2,

1958, Pub. L. 85-861, Sec. 1(83), 72 Stat. 1481, authorized the

President to order any retired member of the Regular Army to active

duty and assign him duties considered necessary in the interests of

national defense and provided that, when ordered to active duty, a

retired commissioned officer of the Army any part of whose service

was in the Corps of Engineers be eligible to fill any position

required by law to be filled by a commissioned officer of the Corps

of Engineers and that any officer who served four years as Chief of

the Medical Service Corps, any officer who served two and one-half

years as Chief of the Army Nurse Corps or as Chief or an assistant

chief of the Women's Medical Specialist Corps or the Army Medical

Specialist Corps, or any officer who served two and one-half years

as Director or Deputy Director of the Women's Army Corps be ordered

to active duty in his retired grade. See section 688 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.

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