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10 USC CHAPTER 845 - RANK AND COMMAND 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 845 - RANK AND COMMAND

.

-HEAD-

CHAPTER 845 - RANK AND COMMAND

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Sec.

(8571. Repealed.)

8572. Rank: commissioned officers serving under temporary

appointments.

(8573, 8574. Repealed.)

8575. Rank: warrant officers.

(8576 to 8578. Repealed.)

8579. Command: commissioned officers in certain designated

categories.

(8580. Repealed.)

8581. Command: chaplains.

(8582. Repealed.)

8583. Requirement of exemplary conduct.

AMENDMENTS

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

1997, 111 Stat. 1727, added item 8583.

1980 - Pub. L. 96-513, title V, Sec. 504(15), Dec. 12, 1980, 94

Stat. 2917, struck out items 8571 ''Rank: commissioned officers on

active duty'', 8573 ''Rank: commissioned officers in regular grades

of brigadier general and major general; seniority list'', 8574

''Rank: commissioned officers in regular grades below brigadier

general'', and 8582 ''Command: retired officers''.

1974 - Pub. L. 93-525, Dec. 18, 1974, 88 Stat. 1695, struck out

item 8577 ''Command: flying units''.

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

struck out items 8576 ''Command: when different commands of Air

Force and Marine Corps join'', and 8578 ''Command, commissioned

officers of Air Force in same grade on duty at same place''.

1967 - Pub. L. 90-130, Sec. 1(30), Nov. 8, 1967, 81 Stat. 382,

struck out item 8580 ''Command: female members of Air Force''.

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10 USC Sec. 8571 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 845 - RANK AND COMMAND

-HEAD-

(Sec. 8571. Repealed. Pub. L. 96-513, title II, Sec. 211, Dec. 12,

1980, 94 Stat. 2885)

-MISC1-

Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 528; Sept. 2,

1958, Pub. L. 85-861, Sec. 1(183), 33(a)(41), 72 Stat. 1533, 1566;

June 30, 1960, Pub. L. 86-559, Sec. 1(64), 74 Stat. 278, provided

that commissioned officers of Air Force on active duty in same

grade rank 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. 8572 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 845 - RANK AND COMMAND

-HEAD-

Sec. 8572. Rank: commissioned officers serving under temporary

appointments

-STATUTE-

The President may, in accordance with the needs of the Air Force,

adjust dates of rank of commissioned officers of the Air Force

serving in temporary grades.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 529.)

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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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8572 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. 8573, 8574 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 845 - RANK AND COMMAND

-HEAD-

(Sec. 8573, 8574. Repealed. Pub. L. 96-513, title II, Sec. 211,

Dec. 12, 1980, 94 Stat. 2885)

-MISC1-

Section 8573, act Aug. 10, 1956, ch. 1041, 70A Stat. 529,

specified date of rank of an officer whose regular grade is

brigadier general and date of rank of an officer whose regular

grade is major general and provided that names of general officers

of Regular Air Force be carried on a seniority list in order of

seniority in both regular grade and date of rank. See section 741

of this title.

Section 8574, acts Aug. 10, 1956, ch. 1041, 70A Stat. 530; Sept.

2, 1958, Pub. L. 85-861, Sec. 1(184), 33(a)(24), 72 Stat. 1533,

1565, provided for determination of rank of commissioned officers

of same grade in Regular Air Force who are on same promotion list,

rank of commissioned officers of same grade in Regular Air Force

who are not on same promotion list or not on a promotion list, and

rank among graduates of each class at United States Military,

Naval, or Air Force Academies who, upon graduation, are appointed

to Regular Air Force. 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. 8575 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 845 - RANK AND COMMAND

-HEAD-

Sec. 8575. 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 Air Force.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 530.)

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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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8575 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. The words ''they shall take

precedence'' are omitted as surplusage.

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10 USC Sec. 8576 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 845 - RANK AND COMMAND

-HEAD-

(Sec. 8576. 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. 530, provided for

command when different commands of Air Force and Marine Corps

joined or served together. See section 747 of this title.

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10 USC Sec. 8577 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 845 - RANK AND COMMAND

-HEAD-

(Sec. 8577. Repealed. Pub. L. 93-525, Dec. 18, 1974, 88 Stat. 1695)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 530, provided for

the command of flying units by commissioned officers of Air Force

who had received aeronautical ratings as pilots of service types of

aircraft.

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10 USC Sec. 8578 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 845 - RANK AND COMMAND

-HEAD-

(Sec. 8578. 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. 530, provided for

command when two or more commissioned officers of Air Force in same

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

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10 USC Sec. 8579 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 845 - RANK AND COMMAND

-HEAD-

Sec. 8579. Command: commissioned officers in certain designated

categories

-STATUTE-

An officer designated as a medical, dental, veterinary, medical

service, or biomedical sciences officer or as a nurse is not

entitled to exercise command because of rank, except within the

categories prescribed in subsection (a), (b), (c), (d), (e), (f),

or (i) of section 8067 of this title, or over persons placed under

his charge.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 531; Pub. L. 85-861, Sec.

1(156), (185), Sept. 2, 1958, 72 Stat. 1513, 1533; Pub. L. 96-513,

title II, Sec. 212(b), Dec. 12, 1980, 94 Stat. 2885.)

-MISC1-

Historical and Revision Notes

1956 Act

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

Large)

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8579(a) 10:82. R.S. 1169.

8579(b) 10:166e (less 1st Apr. 16, 1947, ch.

sentence). 38, Sec. 106 (less

1st sentence), 61

Stat. 44.

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

In subsection (a), the words ''Except as provided in section 94

of this title'', not contained in section 1169 of the Revised

Statutes, but contained in the United States Code, are omitted as

surplusage, since 10:94 deals exclusively with assignments. The

words ''except within the categories prescribed in section

8067(a)-(d) of this title'' are substituted for the words ''in the

line or in other staff corps''. Air Force nurses and women medical

specialists are not covered by subsection (a), since their command

authority is specifically stated in subsection (b).

In subsection (b), 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. 10:166(e) (last 22 words of

last sentence) is omitted as superseded by section 8012(e) of this

title.

1958 Act

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

Large)

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8579(b) 10 App.:166b-3. Aug. 9, 1955, ch.

654, Sec. 1, 69

Stat. 579.

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

This amendment reflects the authority contained in section

8067(e) and (f) of this title to appoint male reserve officers with

a view to designation as Air Force nurses or medical specialists.

AMENDMENTS

1980 - Pub. L. 96-513 substituted provision prohibiting an

officer designated as a medical, dental, veterinary, medical

service, or biomedical sciences officer or as a nurse from

exercising command because of rank, except within the categories

prescribed in section 8067(a) to (f) or (i) of this title, or over

persons placed under his charge for provision prohibiting an

officer designated as a medical, dental, veterinary, or medical

service officer from exercising command because of rank, except

within categories prescribed in section 8067(a) to (d) of this

title, and authorizing an Air Force nurse or medical specialist to

exercise command only within his category, or over persons placed

under his charge.

1958 - Subsec. (b). Pub. L. 85-861 struck out ''woman'' before

''medical specialist'', and substituted ''his'' for ''her'' in two

places.

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. 8580 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 845 - RANK AND COMMAND

-HEAD-

(Sec. 8580. Repealed. Pub. L. 90-130, Sec. 1(30), Nov. 8, 1967, 81

Stat. 382)

-MISC1-

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 531, provided

that Secretary of Air Force should prescribe military authority

that female members of Air Force, except those designated under

section 8067 of this title to perform professional functions, might

exercise.

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10 USC Sec. 8581 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 845 - RANK AND COMMAND

-HEAD-

Sec. 8581. Command: chaplains

-STATUTE-

An officer designated as a chaplain has rank without command.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 531.)

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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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8581 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 Air Force.

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10 USC Sec. 8582 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 845 - RANK AND COMMAND

-HEAD-

(Sec. 8582. 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. 531, 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. 8583 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle D - Air Force

PART II - PERSONNEL

CHAPTER 845 - RANK AND COMMAND

-HEAD-

Sec. 8583. Requirement of exemplary conduct

-STATUTE-

All commanding officers and others in authority in the Air Force

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 Air Force, all persons who are guilty of them; and

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

regulations, and customs of the Air Force, 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(b)(1), Nov. 18,

1997, 111 Stat. 1727.)

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