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10 USC CHAPTER 345 - RANK AND COMMAND 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 345 - RANK AND COMMAND

.

-HEAD-

CHAPTER 345 - RANK AND COMMAND

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Sec.

(3571. Repealed.)

3572. Rank: commissioned officers serving under temporary

appointments.

(3573, 3574. Repealed.)

3575. Rank: warrant officers.

(3576, 3578. Repealed.)

3579. Command: commissioned officers of Army Medical Department.

(3580. Repealed.)

3581. Command: chaplains.

(3582. Repealed.)

3583. Requirement of exemplary conduct.

AMENDMENTS

1997 - Pub. L. 105-85, div. A, title V, Sec. 507(a)(2), Nov. 18,

1997, 111 Stat. 1727, added item 3583.

1980 - Pub. L. 96-513, title V, Sec. 502(14), Dec. 12, 1980, 94

Stat. 2910, struck out items 3571 ''Rank: commissioned officers on

active duty'', 3573 ''Rank: commissioned officers in regular grades

of brigadier general and major general; seniority list'', 3574

''Rank; commissioned officers in regular grades below brigadier

general'', and 3582 ''Command: retired officers''.

1978 - Pub. L. 95-485, title VIII, Sec. 820(f), Oct. 20, 1978, 92

Stat. 1627, struck out item 3580 ''Command: commissioned officers

of Women's Army Corps''.

1968 - Pub. L. 90-329, June 4, 1968, 82 Stat. 170, substituted

''Army Medical Department'' for ''Army Medical Service'' in item

3579.

Pub. L. 90-235, Sec. 5(a)(3), Jan. 2, 1968, 81 Stat. 761, struck

out item 3576 ''Command: when different commands of Army and Marine

Corps join'', and item 3578 ''Command: commissioned officers of

Army in same grade on duty at same place''.

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10 USC Sec. 3571 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 345 - RANK AND COMMAND

-HEAD-

(Sec. 3571. Repealed. Pub. L. 96-513, title II, Sec. 211, Dec. 12,

1980, 94 Stat. 2885)

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Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 204; Sept. 2,

1958, Pub. L. 85-861, Sec. 1(85), 72 Stat. 1481; June 30, 1960,

Pub. L. 86-559, Sec. 1(21), 74 Stat. 271, provided that

commissioned officers of the Army on active duty in the same grade

rank among themselves according to date of rank and specified

procedures for determining date of rank. See section 741 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. 3572 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 345 - RANK AND COMMAND

-HEAD-

Sec. 3572. Rank: commissioned officers serving under temporary

appointments

-STATUTE-

The President may, in accordance with the needs of the Army,

adjust dates of rank of commissioned officers of the Army serving

in temporary grades.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 204.)

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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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3572 10:506d(c) (last Aug. 7, 1947, ch.

sentence). 512, Sec. 515(c)

(last sentence), 61

Stat. 907.

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

The word ''commissioned'' is inserted for clarity, since the

source statute related only to commissioned officers. The words

''in his discretion, from time to time'' are omitted as surplusage.

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10 USC Sec. 3573, 3574 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 345 - RANK AND COMMAND

-HEAD-

(Sec. 3573, 3574. Repealed. Pub. L. 96-513, title II, Sec. 211,

Dec. 12, 1980, 94 Stat. 2885)

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Section 3573, act Aug. 10, 1956, ch. 1041, 70A Stat. 204,

specified the date of rank of an officer whose regular grade is

brigadier general and the date of rank of an officer whose regular

grade is major general and provided that the names of general

officers of the Regular Army be carried on a seniority list in the

order of seniority in both regular grade and date of rank. See

section 741 of this title.

Section 3574, acts Aug. 10, 1956, ch. 1041, 70A Stat. 205; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(86), 33(a)(24), 72 Stat. 1481,

1565, provided for determination of rank of commissioned officers

of the same grade in the Regular Army who are on the same promotion

list, rank of commissioned officers of the same grade in the

Regular Army who are not on the same promotion list or not on a

promotion list, and rank among graduates of each class at the

United States Military, Naval, or Air Force Academies who, upon

graduation, are appointed to the Regular Army. See section 741 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. 3575 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 345 - RANK AND COMMAND

-HEAD-

Sec. 3575. Rank: warrant officers

-STATUTE-

Warrant officers rank next below second lieutenants and rank

among themselves within each warrant officer grade under

regulations to be prescribed by the Secretary of the Army.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 205.)

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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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3575 10:593 (less 1st Aug. 21, 1941, ch.

sentence). 384, Sec. 4 (less

1st sentence), 55

Stat. 653; May 29,

1954, ch. 249, Sec.

19(e), 68 Stat.

167.

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

10:593 (2d sentence) is omitted as executed. The words ''within

each warrant officer grade'' are inserted for clarity, since

section 745 of this title covers rank between warrant officers in

different warrant officer grades.

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10 USC Sec. 3576 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 345 - RANK AND COMMAND

-HEAD-

(Sec. 3576. Repealed. Pub. L. 90-235, Sec. 5(a)(2), Jan. 2, 1968,

81 Stat. 761)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 205, provided for

command when different commands of the Army and Marine Corps joined

or served together. See section 747 of this title.

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10 USC Sec. 3578 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 345 - RANK AND COMMAND

-HEAD-

(Sec. 3578. Repealed. Pub. L. 90-235, Sec. 5(a)(2), Jan. 2, 1968,

81 Stat. 761)

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Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 205, provided for

command when two or more commissioned officers of the Army in the

same grade were on duty at the same place. See section 749 of this

title.

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10 USC Sec. 3579 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 345 - RANK AND COMMAND

-HEAD-

Sec. 3579. Command: commissioned officers of Army Medical

Department

-STATUTE-

(a) Except as provided in subsection (b), a commissioned officer

of the Army Medical Department is not entitled to exercise command

because of his rank, except within the Army Medical Department.

(b) An officer of the Medical Service Corps may exercise command

of troops that are not part of the Army Medical Department whenever

authorized by the Secretary of the Army. The Secretary of the Army

may delegate such authority to appropriate commanders as the

interest of the Army may require.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 206; Pub. L. 85-861, Sec.

1(60), (87), Sept. 2, 1958, 72 Stat. 1462, 1482; Pub. L. 87-142,

Aug. 17, 1961, 75 Stat. 364; Pub. L. 90-329, June 4, 1968, 82 Stat.

170; Pub. L. 96-513, title II, Sec. 212(a), Dec. 12, 1980, 94 Stat.

2885; Pub. L. 98-525, title XIV, Sec. 1405(46), Oct. 19, 1984, 98

Stat. 2625.)

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Historical and Revision Notes

1956 Act

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

Large)

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3579(a) 10:82. R.S. 1169.

3579(b) 10:166e (less 1st Apr. 16, 1947, ch.

sentence). 38, Sec. 106 (less

1st sentence), 61

Stat. 44.

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

In subsection (a), the word ''commissioned'' is inserted for

clarity. The words ''Except as provided in section 94 of this

title'', not contained in section 1169 of the Revised Statutes, but

contained in 10:94, are omitted as surplusage, since 10:94 deals

exclusively with assignments. The words ''except within the Army

Medical Service'' are substituted for the words ''in the line or in

other staff corps''. Officers of the Army Nurse Corps and Women's

Medical Specialist Corps are not covered by subsection (a), since

their command authority is specifically stated in subsection (b).

In subsection (b), 10:166e (last 22 words of 1st sentence) is

omitted as superseded by sections 3012(e) and 3065 of this title.

The words ''may exercise command only'' are substituted for the

words ''shall not be entitled * * * to command except''. The words

''by virtue of their rank'' and ''by competent authority'' are

omitted as surplusage.

1958 Act

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

Large)

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3579(a) 10 App.:376(b). Aug. 9, 1955, ch.

654, Sec. 2, 69

Stat. 579.

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

The amendment of subsec. (b) also reflects the authority

contained in section 3357 of this title to appoint males as reserve

officers of the Corps concerned.

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-525 substituted ''subsection (b)''

for ''subsection (c)''.

1980 - Subsec. (a). Pub. L. 96-513, Sec. 212(a)(1), struck out

'', other than an officer of the Army Nurse Corps or Army Medical

Specialist Corps,'' after ''officer of the Army Medical

Department''.

Subsecs. (b), (c). Pub. L. 96-513, Sec. 212(a)(2), (3),

redesignated subsec. (c) as (b) and struck out former subsec. (b)

which provided that an officer of the Army Nurse Corps or the Army

Medical Specialist Corps exercise command only within his branch,

or over persons placed under his charge.

1968 - Pub. L. 90-329 substituted ''Army Medical Department'' for

''Army Medical Service'' in section catchline and in subsecs. (a)

and (c).

1961 - Subsec. (a). Pub. L. 87-142, Sec. 1(1), substituted

''Except as provided in subsection (c), a'' for ''A''.

Subsec. (c). Pub. L. 87-142, Sec. 1(2), added subsec. (c).

1958 - Subsec. (a). Pub. L. 85-861, Sec. 1(60), substituted

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

Corps''.

Subsec. (b). Pub. L. 85-861, Sec. 1(60), (87), substituted ''Army

Medical Specialist Corps'' for ''Women's Medical Specialist Corps''

and ''his'' for ''her own'' and ''her''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the

authority to prescribe regulations under the amendment by Pub. L.

96-513 effective on Dec. 12, 1980, see section 701 of Pub. L.

96-513, set out as a note under section 101 of this title.

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10 USC Sec. 3580 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 345 - RANK AND COMMAND

-HEAD-

(Sec. 3580. Repealed. Pub. L. 95-485, title VIII, Sec. 820(f), Oct.

20, 1978, 92 Stat. 1627)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 206, provided

that the Secretary of the Army prescribe the military authority

that commissioned officers of the Women's Army Corps may exercise.

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10 USC Sec. 3581 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 345 - RANK AND COMMAND

-HEAD-

Sec. 3581. Command: chaplains

-STATUTE-

A chaplain has rank without command.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 206.)

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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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3581 10:235. R.S. 1122.

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

The words ''and shall be on the same footing with other officers

of the Army, as to tenure of office, retirement, and pensions'' are

omitted as obsolete, since there is no distinction between the

status of a chaplain as an officer and the status of other officers

of the Army.

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10 USC Sec. 3582 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 345 - RANK AND COMMAND

-HEAD-

(Sec. 3582. Repealed. Pub. L. 96-513, title II, Sec. 211, Dec. 12,

1980, 94 Stat. 2885)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 206, provided

that a retired officer has no right to command except when on

active duty. See section 750 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. 3583 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle B - Army

PART II - PERSONNEL

CHAPTER 345 - RANK AND COMMAND

-HEAD-

Sec. 3583. Requirement of exemplary conduct

-STATUTE-

All commanding officers and others in authority in the Army are

required -

(1) to show in themselves a good example of virtue, honor,

patriotism, and subordination;

(2) to be vigilant in inspecting the conduct of all persons who

are placed under their command;

(3) to guard against and suppress all dissolute and immoral

practices, and to correct, according to the laws and regulations

of the Army, all persons who are guilty of them; and

(4) to take all necessary and proper measures, under the laws,

regulations, and customs of the Army, to promote and safeguard

the morale, the physical well-being, and the general welfare of

the officers and enlisted persons under their command or charge.

-SOURCE-

(Added Pub. L. 105-85, div. A, title V, Sec. 507(a)(1), Nov. 18,

1997, 111 Stat. 1726.)

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