10 USC 3548. Duties: warrant officers; limitations
TITLE 10 -- ARMED FORCES
Under regulations prescribed by the President, a warrant officer may
be assigned to perform duties that necessarily include those normally
performed by a commissioned officer.
(Aug. 10, 1956, ch. 1041, 70A Stat. 203.)
10:593 (1st sentence, less provisos) is omitted as superseded by
section 3012(e) of this title. 10:593 (last proviso) is omitted as
covered by section 936(a)(4) of this title (article 136(a)(4) of the
Uniform Code of Military Justice). The words ''may be assigned'' are
substituted for the words ''shall be vested with power to''.
10 USC CHAPTER 345 -- RANK AND COMMAND
TITLE 10 -- ARMED FORCES
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 Repealed.)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 Repealed.)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 Repealed.)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 Repealed.)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 Repealed.)
1980 -- Pub. L. 96-513, title V, 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, 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, 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''.
General military law provisions, see section 741 et seq. of this
title.
10 USC ( 3571. Repealed. Pub. L. 96-513, title II, 211, Dec. 12, 1980,
94 Stat. 2885)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 204; Sept. 2,
1958, Pub. L. 85-861, 1(85), 72 Stat. 1481; June 30, 1960, Pub. L.
86-559, 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.
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.
10 USC 3572. Rank: commissioned officers serving under temporary
appointments
TITLE 10 -- ARMED FORCES
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 204.)
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.
10 USC ( 3573, 3574. Repealed. Pub. L. 96-513, title II, 211, Dec. 12,
1980, 94 Stat. 2885)
TITLE 10 -- ARMED FORCES
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, 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.
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.
10 USC 3575. Rank: warrant officers
TITLE 10 -- ARMED FORCES
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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 205.)
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.
Rank of warrant officers, see section 742 of this title.
10 USC ( 3576. Repealed. Pub. L. 90-235, 5(a)(2), Jan. 2, 1968, 81
Stat. 761)
TITLE 10 -- ARMED FORCES
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.
10 USC ( 3578. Repealed. Pub. L. 90-235, 5(a)(2), Jan. 2, 1968, 81
Stat. 761)
TITLE 10 -- ARMED FORCES
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.
10 USC 3579. Command: commissioned officers of Army Medical Department
TITLE 10 -- ARMED FORCES
(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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 206; Sept. 2, 1958, Pub. L.
85-861, 1(60), (87), 72 Stat. 1462, 1482; Aug. 17, 1961, Pub. L.
87-142, 75 Stat. 364; June 4, 1968, Pub. L. 90-329, 82 Stat. 170; Dec.
12, 1980, Pub. L. 96-513, title II, 212(a), 94 Stat. 2885; Oct. 19,
1984, Pub. L. 98-525, title XIV, 1405(46), 98 Stat. 2625.)
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.
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.
1984 -- Subsec. (a). Pub. L. 98-525 substituted ''subsection (b)''
for ''subsection (c)''.
1980 -- Subsec. (a). Pub. L. 96-513, 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, 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, 1(1), substituted ''Except as
provided in subsection (c), a'' for ''A''.
Subsec. (c). Pub. L. 87-142, 1(2), added subsec. (c).
1958 -- Subsec. (a). Pub. L. 85-861, 1(60), substituted ''Army
Medical Specialist Corps'' for ''Women's Medical Specialist Corps''.
Subsec. (b). Pub. L. 85-861, 1(60), (87), substituted ''Army Medical
Specialist Corps'' for ''Women's Medical Specialist Corps'' and ''his''
for ''her own'' and ''her''.
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.
10 USC ( 3580. Repealed. Pub. L. 95-485, title VIII, 820(f), Oct. 20,
1978, 92 Stat. 1627)
TITLE 10 -- ARMED FORCES
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.
10 USC 3581. Command: chaplains
TITLE 10 -- ARMED FORCES
A chaplain has rank without command.
(Aug. 10, 1956, ch. 1041, 70A Stat. 206.)
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.
10 USC ( 3582. Repealed. Pub. L. 96-513, title II, 211, Dec. 12, 1980,
94 Stat. 2885)
TITLE 10 -- ARMED FORCES
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.
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.
10 USC (CHAPTER 347 -- REPEALED)
TITLE 10 -- ARMED FORCES
10 USC ( 3611, 3612. Repealed. Pub. L. 90-235, 8(2), Jan. 2, 1968, 81
Stat. 764)
TITLE 10 -- ARMED FORCES
Section 3611, act Aug. 10, 1956, ch. 1041, 70A Stat. 206, provided
that President could prescribe the uniform of the Army.
Section 3612, act Aug. 10, 1956, ch. 1041, 70A Stat. 206, provided
for disposition of uniforms of enlisted members of Army who were
discharged and for disposition of uniforms of and issuance of civilian
clothing to enlisted members of Army who were discharged otherwise than
honorably.
10 USC CHAPTER 349 -- MISCELLANEOUS PROHIBITIONS AND PENALTIES
TITLE 10 -- ARMED FORCES
Sec.
(3631 to 3633. Repealed.)
3634. Army band: may not be paid for performance outside Army post.
(3635 to 3638. Repealed.)
3639. Enlisted members: officers not to use as servants.
1980 -- Pub. L. 96-513, title V, 512(6), Dec. 12, 1980, 94 Stat.
2929, struck out item 3632 ''Members of Army: forfeiture of pay during
absence from duty due to disease from intemperate use of alcohol or
drugs'', item 3633 ''Commissioned officers: forfeiture of pay when
dropped from rolls'', and item 3636 ''Enlisted members: pay and
allowances not to accrue during suspended sentence of dishonorable
discharge''.
1968 -- Pub. L. 90-235, 6(a)(8), 7(b)(2), Jan. 2, 1968, 81 Stat.
762, 763, struck out item 3631 ''Dealing in quartermaster supplies
prohibited'', item 3635 ''Enlisted members: restriction on civilian
employment'', and item 3637 ''Enlisted members: forfeiture of right to
pension by deserters''.
1958 -- Pub. L. 85-861, 1(88), Sept. 2, 1958, 72 Stat. 1482,
struck out item 3638.
10 USC ( 3631. Repealed. Pub. L. 90-235, 7(b)(1), Jan. 2, 1968, 81
Stat. 763)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 207, prohibited
officers of the Quartermaster Corps of the Army and officers performing
duties of officers of that branch from dealing in quartermaster
supplies.
10 USC ( 3632, 3633. Repealed. Pub. L. 87-649, 14c(6), (7), Sept. 7,
1962, 76 Stat. 501)
TITLE 10 -- ARMED FORCES
Sections, act Aug. 10, 1956, ch. 1041, 70A Stat. 207, provided for
forfeiture of pay during absence from duty due to disease from
intemperate use of alcohol or drugs, and for forfeiture when dropped
from rolls, and are now covered by sections 802 and 803 of Title 37, Pay
and Allowances of the Uniformed Services.
Repeal effective Nov. 1, 1962, see section 15 of Pub. L. 87-649,
set out as an Effective Date note preceding section 101 of Title 37, Pay
and Allowances of the Uniformed Services.
10 USC 3634. Army band: may not be paid for performance outside Army
post
TITLE 10 -- ARMED FORCES
(a) Prohibition. -- Except as provided in subsection (b), no Army
band or member thereof may receive remuneration for furnishing music
outside the limits of an Army post in competition with local civilian
musicians.
(b) Recordings. -- (1) Any Army band designated as a special band may
produce recordings for commercial sale.
(2) Amounts received as proceeds from the sale of any such recordings
may be credited to applicable appropriations of the Department of the
Army for expenses of Army bands.
(3) The Secretary of the Army shall prescribe regulations governing
the accounting of such proceeds.
(Aug. 10, 1956, ch. 1041, 70A Stat. 207; Nov. 5, 1990, Pub. L.
101-510, div. A, title III, 327(a), 104 Stat. 1531.)
The last six words are substituted for 10:905 (last 14 words).
Commercial Sale
Pub. L. 93-571, Dec. 31, 1974, 88 Stat. 1868, authorized United
States Army, Navy, Air Force, and Marine Bands to participate in
production of a collection of recordings for commercial sale, in
conjunction with American Revolution Bicentennial, and Secretary of
Defense to enter into contracts for production and sale of collection of
recordings.
1990 -- Pub. L. 101-510 designated existing provisions as subsec.
(a), inserted heading, substituted ''Except as provided in subsection
(b), no'' for ''No'', and added subsec. (b).
10 USC ( 3635. Repealed. Pub. L. 90-235, 6(a)(7), Jan. 2, 1968, 81
Stat. 762)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 207, set forth
restrictions on civilian employment for enlisted members of Army on
active duty. See section 974 of this title.
10 USC ( 3636. Repealed. Pub. L. 87-649, 14c(8), Sept. 7, 1962, 76
Stat. 501)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 208, provided that
pay and allowances do not accrue to an enlisted member of Army who is in
confinement under sentence of dishonorable discharge, while execution of
sentence to discharge is suspended, and is now covered by section 804 of
Title 37, Pay and Allowances of the Uniformed Services.
Repeal effective Nov. 1, 1962, see section 15 of Pub. L. 87-649,
set out as an Effective Date note preceding section 101 of Title 37, Pay
and Allowances of the Uniformed Services.
10 USC ( 3637. Repealed. Pub. L. 90-235, 7(b)(1), Jan. 2, 1968, 81
Stat. 763)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 208, provided that
an enlisted member of the Army who deserted forfeited all right to a
pension.
10 USC ( 3638. Repealed. Pub. L. 85-861, 36B(8), Sept. 2, 1958, 72
Stat. 1570)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 208, required
enlisted members to make up time lost. See section 972 of this title.
10 USC 3639. Enlisted members: officers not to use as servants
TITLE 10 -- ARMED FORCES
No officer of the Army may use an enlisted member of the Army as a
servant.
(Aug. 10, 1956, ch. 1041, 70A Stat. 208.)
The words ''in any case whatever'' are omitted as surplusage.
10 USC (CHAPTER 351 -- REPEALED)
TITLE 10 -- ARMED FORCES
10 USC ( 3661 to 3663. Repealed. Pub. L. 90-377, 6(1), July 5, 1968, 82
Stat. 288)
TITLE 10 -- ARMED FORCES
Section 3661, act Aug. 10, 1956, ch. 1041, 70A Stat. 208, provided
for organization and administration of United States Disciplinary
Barracks.
Section 3662, act Aug. 10, 1956, ch. 1041, 70A Stat. 209, provided
for military training, organization, and equipping of prisoners who have
been sent to United States Disciplinary Barracks.
Section 3663, act Aug. 10, 1956, ch. 1041, 70A Stat. 209,
authorized Secretary of the Army to parole or remit sentence and restore
to duty offenders who are confined in United States Disciplinary
Barracks.
10 USC CHAPTER 353 -- MISCELLANEOUS RIGHTS AND BENEFITS
TITLE 10 -- ARMED FORCES
Sec.
(3681 to 3683. Repealed.)
3684. Service credit: regular enlisted members; service as an
officer to be counted as enlisted service.
(3685. Repealed.)
3686. Members of Army National Guard of United States: credit for
service as members of Army National Guard.
(3687 to 3690. Repealed.)
3691. Flying officer rating: qualifications.
(3692, 3693. Repealed.)
1986 -- Pub. L. 99-661, div. A, title VI, 604(f)(1)(B)(i), Nov.
14, 1986, 100 Stat. 3877, struck out item 3687 ''Compensation: members
of Army other than of Regular Army; when same as that provided for
members of Regular Army''.
1985 -- Pub. L. 99-145, title XIII, 1301(b)(1)(B), Nov. 8, 1985, 99
Stat. 735, struck out item 3683 ''Service credit: certain service as a
nurse, woman medical specialist, or civilian employee of Army Medical
Department to be counted''.
1980 -- Pub. L. 96-513, title V, 512(7), Dec. 12, 1980, 94 Stat.
2929, struck out item 3689 ''Assignments and allotments of pay''.
1971 -- Pub. L. 92-168, 1(2), Nov. 24, 1971, 85 Stat. 489, struck
out item 3692 ''Pilot rating in time of peace: qualifications''.
1968 -- Pub. L. 90-235, 6(a)(3), 7(a)(4), (b)(3), Jan. 2, 1968, 81
Stat. 762, 763, struck out item 3682 ''Service credit: officers;
service as cadet not counted'', item 3685 ''Regular Army; Army Reserve:
female members; definition of 'dependents''', item 3690 ''Exemption
from arrest for debt: enlisted members'', and item 3693 ''Replacement
of certificate of discharge''.
1958 -- Pub. L. 85-861, 1(91), Sept. 2, 1958, 72 Stat. 1482,
struck out items 3681 ''Army Register: regular officers; service to be
listed'' and 3688 ''Death Gratuity''.
General military law provisions, see section 1031 et seq. of this
title.
Leave allowances for officers and enlisted personnel of the Army, see
section 501 et seq. of Title 37, Pay and Allowances of the Uniformed
Services.
10 USC ( 3681. Repealed. Pub. L. 85-861, 36B(9), Sept. 2, 1958, 72
Stat. 1570)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 210, related to
service listed in the official Army Register and is covered by section
122 of this title.
10 USC ( 3682. Repealed. Pub. L. 90-235, 6(a)(2), Jan. 2, 1968, 81
Stat. 761)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 210, provided that
in computing length of service, no commissioned officer of the Army
could be credited with service as a cadet at the Military Academy or as
a midshipman at the Naval Academy, if he was appointed as a cadet or
midshipman after Aug. 24, 1912. See section 971 of this title.
10 USC ( 3683. Repealed. Pub. L. 99-145, title XIII, 1301(b)(1)(A),
Nov. 8, 1985, 99 Stat. 735)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 210; Aug. 25,
1959, Pub. L. 86-197, 1(4), 73 Stat. 426, related to service credit
for certain service as a nurse, woman medical specialist, or civilian
employee of Army Medical Department.
Section 1301(b)(1)(C) of Pub. L. 99-145 provided that: ''The repeal
made by subparagraph (A) (repealing this section) shall not apply in the
case of a person who performed active service described in section 3683
of title 10, United States Code, as such section was in effect on the
day before the date of the enactment of this Act (Nov. 8, 1985).''
10 USC 3684. Service credit: regular enlisted members; service as an
officer to be counted as enlisted service
TITLE 10 -- ARMED FORCES
An enlisted member of the Regular Army is entitled to count active
service as an officer in the Army as enlisted service for all purposes.
(Aug. 10, 1956, ch. 1041, 70A Stat. 211.)
Reenlistment after service as officer, see section 3258 of this
title.
10 USC ( 3685. Repealed. Pub. L. 90-235, 7(a)(3), Jan. 2, 1968, 81
Stat. 763)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 211; Sept. 2,
1958, Pub. L. 85-861, 1(89), 72 Stat. 1482, set forth restrictions on
the consideration of a husband or child as the dependent of a female
member of the Regular Army, Army National Guard of the United States or
Army Reserve.
10 USC 3686. Members of Army National Guard of United States: credit
for service as members of Army National Guard
TITLE 10 -- ARMED FORCES
For the purposes of laws providing benefits for members of the Army
National Guard of the United States and their dependents and
beneficiaries --
(1) military training, duty, or other service performed by a member
of the Army National Guard of the United States in his status as a
member of the Army National Guard for which he is entitled to pay from
the United States shall be considered military training, duty, or other
service, as the case may be, in Federal service as a Reserve of the
Army;
(2) full-time National Guard duty performed by a member of the Army
National Guard of the United States shall be deemed to be active duty in
Federal service as a Reserve of the Army, except that for purposes of
title 38 such duty shall be considered to be active duty for training;
and
(3) inactive-duty training performed by a member of the Army National
Guard of the United States in his status as a member of the Army
National Guard, in accordance with regulations prescribed under section
502 of title 32 or other express provision of law, shall be considered
inactive-duty training in Federal service as a Reserve of the Army.
(Aug. 10, 1956, ch. 1041, 70A Stat. 211; Sept. 24, 1980, Pub. L.
96-357, 5(a), 94 Stat. 1182; Oct. 19, 1984, Pub. L. 98-525, title IV,
414(a)(7)(A), 98 Stat. 2519.)
The words ''now or hereafter enacted'', in the introductory clause of
50:1124, are omitted as surplusage.
In clause (1), the words ''by law'' and ''receive'', in 50:1124(a),
are omitted as surplusage. The words ''in Federal service as a Reserve
of the Army'' are substituted for the words ''in the service of the
United States as Reserve members''. The words ''as the case may be''
are inserted for clarity.
In clause (2), the word ''receive'', in 50:1124(b), is omitted as
surplusage. The reference to sections 144-146 of title 32 is omitted,
since those sections related to pay and allowances, not to the
performance of duties, and were superseded by the Career Compensation
Act of 1949, 63 Stat. 802 (37 U.S.C. 231 et seq.). The reference to
section 186 of title 32 is omitted, since that section does not
prescribe duty or service. The words ''or for which he has waived such
pay'' are substituted for the words ''or without pay as provided in
section 971 of this title'' for clarity. The words ''in Federal service
as a Reserve of the Army'' are substituted for the words ''in the
service of the United States as Reserve members''.
In clause (3), the words ''by the appropriate Secretary'' are omitted
as surplusage. The words ''in Federal service as a Reserve of the
Army'' are substituted for the words ''in the service of the United
States as Reserve members''.
1984 -- Cl. (2). Pub. L. 98-525 substituted ''full-time National
Guard duty performed by a member of the Army National Guard of the
United States shall be deemed to be active duty in Federal service as a
Reserve of the Army, except that for purposes of title 38 such duty
shall be considered to be active duty for training'' for ''full-time
training or other full-time duty performed by a member of the Army
National Guard of the United States in his status as a member of the
Army National Guard under sections 316 and 502 through 505 of title 32
for which he is entitled to pay from the United States, or for which he
has waived such pay, shall be considered active duty for training in
Federal service as a Reserve of the Army''.
1980 -- Cl. (2). Pub. L. 96-357 substituted ''sections 316 and 502
through 505 of title 32'' for ''sections 316 and 503-505 of title 32.''
Section 5(b) of Pub. L. 96-357 provided that: ''The amendments made
by subsection (a) (amending this section and section 8686 of this title)
shall apply with respect to full-time training or other full-time duty
performed under section 502 of title 32, United States Code, on and
after the date of the enactment of this Act (Sept. 24, 1980).''
Regulations to carry out this section, see section 280 of this title.
10 USC ( 3687. Repealed. Pub. L. 99-661, div. A, title VI, 604(f)(
1)(A), Nov. 14, 1986, 100 Stat. 3877)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 212; Sept. 2,
1958, Pub. L. 85-861, 1(90), 72 Stat. 1482; Sept. 7, 1962, Pub. L.
87-649, 6(d), 76 Stat. 494, related to compensation for members of Army
other than of Regular Army.
Repeal applicable with respect to persons who, after Nov. 14, 1986,
incur or aggravate an injury, illness, or disease or die, see section
604(g) of Pub. L. 99-661, set out as an Effective Date of 1986
Amendment note under section 1074a of this title.
10 USC ( 3688. Repealed. Pub. L. 85-861, 36B(10), Sept. 2, 1958, 72
Stat. 1570)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 212, related to
payment of death gratuity to survivors of members of the Army. See
section 1475 et seq. of this title.
10 USC ( 3689. Repealed. Pub. L. 87-649, 14c(9), Sept. 7, 1962, 76
Stat. 501)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 213; Sept. 26,
1961, Pub. L. 87-304, 9(c), 75 Stat. 665, related to assignments and
allotments of pay. See section 701 of Title 37, Pay and Allowances of
the Uniformed Services.
Repeal effective Nov. 1, 1962, see section 15 of Pub. L. 87-649,
set out as an Effective Date note preceding section 101 of Title 37, Pay
and Allowances of the Uniformed Services.
10 USC ( 3690. Repealed. Pub. L. 90-235, 7(b)(1), Jan. 2, 1968, 81
Stat. 763)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 213, exempted
enlisted members of the Army, while on active duty, from arrest for any
debt, unless it was contracted before enlistment and amounted to at
least $20 when first contracted.
10 USC 3691. Flying officer rating: qualifications
TITLE 10 -- ARMED FORCES
Only officers of the Army in the following categories may be rated as
flying officers:
(1) Officers who have aeronautical ratings as pilots of service types
of aircraft or as aircraft observers.
(2) Flight surgeons.
(3) Officers undergoing flight training.
(4) Officers who are members of combat crews, other than pilots of
service types of aircraft, aircraft observers, and observers.
(5) In time of war, officers who have aeronautical ratings as
observers.
(Aug. 10, 1956, ch. 1041, 70A Stat. 213.)
10:291c (proviso) and the words ''after June 30, 1948'', in 10:
291c-1, are omitted as executed. The definition of the term ''flying
officer'', in 10:291c, originally was a definition of the term ''flying
officer in time of peace'' as provided by section 2 of the Act of July
2, 1926, ch. 721, 44 Stat. 781. Section 1 of the Act of October 4,
1940, ch. 742, 54 Stat. 963, eliminated the words ''in time of
peace''. As a consequence of that amendment, 10:291e (1st 26 words) is
omitted as surplusage. Clause (2) is substituted for 10:291c-1 (less
last 10 words). The words ''commissioned officers or warrant'', in 10:
291c-1, are omitted as surplusage. In clause (4), the last 12 words are
substituted for the words ''any other''.
10 USC ( 3692. Repealed. Pub. L. 92-168, 1(1), Nov. 24, 1971, 85 Stat.
489)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 213, provided
qualifications to receive a rating as a pilot in time of peace. See
section 2003 of this title.
10 USC ( 3693. Repealed. Pub. L. 90-235, 7(a)(3), Jan. 2, 1968, 81
Stat. 763)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 214, provided for
replacement of a lost or destroyed certificate of discharge from Army.
See section 1040 of this title.
10 USC CHAPTER 355 -- HOSPITALIZATION
TITLE 10 -- ARMED FORCES
Sec.
(3721, 3722. Repealed.)
3723. When Secretary may require.
1986 -- Pub. L. 99-661, div. A, title VI, 604(f)(1)(B)(ii), Nov.
14, 1986, 100 Stat. 3877, struck out item 3721 ''Members of Army, other
than of Regular Army'' and item 3722 ''Members of C.M.T.C.; members of
Army not covered by section 3721 of this title.''
1958 -- Pub. L. 85-861, 1(92)(D), Sept. 2, 1958, 72 Stat. 1482,
substituted ''Members of C.M.T.C.'' for ''Members of R.O.T.C. and C.M.
T.C.'' in item 3722.
10 USC ( 3721, 3722. Repealed. Pub. L. 99-661, div. A, title VI, 604(
f)(1)(A), Nov. 14, 1986, 100 Stat. 3877)
TITLE 10 -- ARMED FORCES
Section 3721, acts Aug. 10, 1956, ch. 1041, 70A Stat. 214; Sept.
2, 1958, Pub. L. 85-861, 1(92)(A), 72 Stat. 1482, related to hospital
benefits for members of Army, other than of Regular Army.
Section 3722, acts Aug. 10, 1956, ch. 1041, 70A Stat. 214; Sept.
2, 1958, Pub. L. 85-861, 1(92)(B), (C), 72 Stat. 1482, related to
hospital and related benefits for members of a Citizens' Military
Training Camp and for members of Army not covered by section 3721 of
this title.
Repeal applicable with respect to persons who, after Nov. 14, 1986,
incur or aggravate an injury, illness, or disease or die, see section
604(g) of Pub. L. 99-661, set out as an Effective Date of 1986
Amendment note under section 1074a of this title.
10 USC 3723. When Secretary may require
TITLE 10 -- ARMED FORCES
The Secretary of the Army may order the hospitalization, medical and
surgical treatment, and domiciliary care, for as long as necessary, of
any member of the Army on active duty, and may incur obligations with
respect thereto, whether or not the member incurred an injury, illness,
or disease in line of duty, except in the case of a member treated in a
private hospital, or by a civilian physician, while on leave of absence
for more than 24 hours.
(Aug. 10, 1956, ch. 1041, 70A Stat. 215; Nov. 14, 1986, Pub. L.
99-661, div. A, title VI, 604(f)(1)(D), 100 Stat. 3878; Dec. 4, 1987,
Pub. L. 100-180, div. A, title XII, 1231(16), 101 Stat. 1161.)
The words ''under such regulations as he may prescribe'', in 10:455e
and 32:164d, are omitted, since the Secretary has inherent authority to
issue regulations appropriate to exercising his statutory functions.
The reference to 10:455a-455d and 32:164a-164c, and the words ''nor any
other law of the United States shall be construed as limiting the power
and authority'', are omitted, since the revised section makes explicit
the authority of the Secretary to require the prescribed hospitalization
and care. The words ''or in training, under the provisions of section
62 -- '' are omitted as covered by the words ''active duty''. The words
''in the active military service'' are omitted as surplusage. With the
exception of 32:62 (4th proviso of last sentence), the references to
32:62-65, 144-146, 183, and 186, in 10:455e and 32:164d, do not refer to
members of the Army National Guard of the United States and are
therefore omitted from the revised section. 10:455e (1st proviso) and
32:164d (1st proviso) are omitted since they apply only to the National
Guard and are covered by section 320 of title 32.
Pub. L. 100-26, 7(j)(11), Apr. 21, 1987, 101 Stat. 283, which
directed that section 4723 of this title, as amended by section 604(f)(
1)(D) of Pub. L. 99-661, be amended by striking out the comma after
''disease'', could not be executed because no section 4723 of this title
has been enacted. The probable intent of Congress was to amend section
3723 of this title. Pub. L. 100-180, 1231(16), cited as a credit to
section 3723 above, made an identical amendment to section 3723.
1987 -- Pub. L. 100-180 struck out the comma after ''disease''.
1986 -- Pub. L. 99-661, substituted ''incurred in injury, illnesss,
or disease'' for ''was injured, or contracted a disease''.
Amendment by Pub. L. 99-661 applicable with respect to persons who,
after Nov. 14, 1986, incur or aggravate an injury, illness, or disease
or die, see section 604(g) of Pub. L. 99-661, set out as a note under
section 1074a of this title.
10 USC CHAPTER 357 -- DECORATIONS AND AWARDS
TITLE 10 -- ARMED FORCES
Sec.
3741. Medal of honor: award.
3742. Distinguished-service cross: award.
3743. Distinguished-service medal: award.
3744. Medal of honor; distinguished-service cross;
distinguished-service medal: limitations on award.
3745. Medal of honor; distinguished-service cross;
distinguished-service medal: delegation of power to award.
3746. Silver star: award.
3747. Medal of honor; distinguished-service cross;
distinguished-service medal: silver star: replacement.
3748. Medal of honor; distinguished-service cross;
distinguished-service medal; silver star: availability of
appropriations.
3749. Distinguished flying cross: award; limitations.
3750. Soldier's Medal: award; limitations.
3751. Service medals: issue; replacement; availability of
appropriations.
3752. Medals: posthumous award and presentation.
3753. Civil War battle streamers.
Pub. L. 93-469, Oct. 24, 1974, 88 Stat. 1422, authorized award, not
later than Oct. 24, 1976, of a decoration or device in lieu of
decoration which, prior to Oct. 24, 1974, has been authorized by
Congress to be awarded to any person for an act, achievement, or service
performed while on active duty in Armed Forces of United States, or
while serving with such forces, for any such act or service performed in
direct support of military operations in Southeast Asia between July 1,
1958, and Mar. 28, 1973, inclusive, if written recommendation for award
of decoration, or device in lieu of decoration, was made not later than
Oct. 24, 1975.
Act Aug. 2, 1956, ch. 877, 70 Stat. 933, authorized award, not
later than Aug. 2, 1957, of a decoration or device in lieu of
decoration which, prior to Aug. 2, 1956, has been authorized by
Congress to be awarded to any person for an act or service performed
while on active duty in military or naval forces of United States, or
while serving with such forces, for any such act or service performed
between June 27, 1950, and July 27, 1953, inclusive, if written
recommendation for decoration or device in lieu of decoration has been
submitted to appropriate office in a military department at seat of
Government before Aug. 2, 1956.
General military law provisions, see section 1121 et seq. of this
title.
Meritorious Service Medal, establishment of, see Ex. Ord. No.
11448, set out as a note preceding section 1121 of this title.
10 USC 3741. Medal of honor: award
TITLE 10 -- ARMED FORCES
The President may award, and present in the name of Congress, a medal
of honor of appropriate design, with ribbons and appurtenances, to a
person who while a member of the Army, distinguished himself
conspicuously by gallantry and intrepidity at the risk of his life above
and beyond the call of duty --
(1) while engaged in an action against an enemy of the United States;
(2) while engaged in military operations involving conflict with an
opposing foreign force; or
(3) while serving with friendly foreign forces engaged in an armed
conflict against an opposing armed force in which the United States is
not a belligerent party.
(Aug. 10, 1956, ch. 1041, 70A Stat. 215; July 25, 1963, Pub. L.
88-77, 1(1), 77 Stat. 93.)
The words ''That the provisions of existing law relating to the award
of medals of honor to officers, noncommissioned officers, and privates
of the Army be, and they hereby are, amended so that'', in the Act of
July 9, 1918, ch. 143 (8th par. under ''Ordnance Department''), 40
Stat. 870, are not contained in 10:1403. They are also omitted from the
revised section as surplusage. The word ''member'' is substituted for
the words ''officer or enlisted man''. The word ''only'' is omitted as
surplusage. The word ''award'' is inserted for clarity, since the
President determines the recipient of the medal in addition to
presenting it.
1963 -- Pub. L. 88-77 enlarged authority to award medal of honor,
which was limited to those cases in which persons distinguished
themselves in action involving actual conflict with an enemy, to permit
its award for distinguished service while engaged in an action against
an enemy of the United States, while engaged in military operations
involving conflict with an opposing foreign force, or while serving with
friendly foreign forces engaged in an armed conflict against an opposing
armed force in which the United States is not a belligerent party.
Award of Medal of Honor to Navy and Air Force members, see sections
6241 and 8741 of this title.
Pensions for persons on Medal of Honor Roll, see section 1560 et seq.
of Title 38, Veterans' Benefits.
10 USC 3742. Distinguished-service cross: award
TITLE 10 -- ARMED FORCES
The President may award a distinguished-service cross of appropriate
design, with ribbons and appurtenances, to a person who, while serving
in any capacity with the Army, distinguishes himself by extraordinary
heroism not justifying the award of a medal of honor --
(1) while engaged in an action against an enemy of the United States;
(2) while engaged in military operations involving conflict with an
opposing foreign force; or
(3) while serving with friendly foreign forces engaged in an armed
conflict against an opposing armed force in which the United States is
not a belligerent party.
(Aug. 10, 1956, ch. 1041, 70A Stat. 215; July 25, 1963, Pub. L.
88-77, 1(2), 77 Stat. 93.)
The words ''but not in the name of Congress'' are omitted as
surplusage, since a medal is presented in the name of Congress only if
the law so directs. The words ''since the 6th day of April, 1917'' are
omitted as executed. The word ''award'' is substituted for the word
''present'' to cover the determination of the recipients as well as the
actual presentation of the medal, and to conform to other sections of
this chapter. The words ''or herself'' are omitted, since, under
section 1 of title 1, words importing the masculine gender include the
feminine. The words ''or who shall hereafter distinguish'' are omitted
as surplusage.
1963 -- Pub. L. 88-77 enlarged authority to award the
distinguished-service cross, which was limited to those cases in which
persons distinguished themselves in connection with military operations
against an armed enemy, to permit its award for extraordinary heroism
not justifying award of a medal of honor, while engaged in an action
against an enemy of United States, while engaged in military operations
involving conflict with an opposing foreign force, or while serving with
friendly foreign forces engaged in an armed conflict against an opposing
armed force in which United States is not a belligerent party.
10 USC 3743. Distinguished-service medal: award
TITLE 10 -- ARMED FORCES
The President may award a distinguished-service medal of appropriate
design and a ribbon, together with a rosette or other device to be worn
in place thereof, to a person who, while serving in any capacity with
the Army, distinguishes himself by exceptionally meritorious service to
the United States in a duty of great responsibility.
(Aug. 10, 1956, ch. 1041, 70A Stat. 216.)
The words ''but not in the name of Congress'' are omitted as
surplusage, since a medal is presented in the name of Congress only if
the law so directs. The words ''since the 6th day of April, 1917'' are
omitted as executed. The word ''award'' is substituted for the word
''present'' to cover the determination of the recipients as well as the
actual presentation of the medal, and to conform to other sections of
this chapter. The words ''or herself'' are omitted, since, under
section 1 of title 1, words importing the masculine gender include the
feminine. The words ''or who shall distinguish'' are omitted as
surplusage.
Award of distinguished-service medal to Navy and Air Force members,
see sections 6243 and 8743 of this title.
10 USC 3744. Medal of honor; distinguished-service cross;
distinguished-service medal: limitations on award
TITLE 10 -- ARMED FORCES
(a) No more than one medal of honor, distinguished-service cross, or
distinguished-service medal may be awarded to a person. However, for
each succeeding act that would otherwise justify the award of such a
medal or cross, the President may award a suitable bar or other device
to be worn as he directs.
(b) Except as provided in subsection (d), no medal of honor,
distinguished-service cross, distinguished-service medal, or device in
place thereof, may be awarded to a person unless --
(1) the award is made within three years after the date of the act
justifying the award;
(2) a statement setting forth the distinguished service and
recommending official recognition of it was made within two years after
the distinguished service; and
(3) it appears from records of the Department of the Army that the
person is entitled to the award.
(c) No medal of honor, distinguished-service cross,
distinguished-service medal, or device in place thereof, may be awarded
or presented to a person whose service after he distinguished himself
has not been honorable.
(d) If the Secretary of the Army determines that --
(1) a statement setting forth the distinguished service and
recommending official recognition of it was made and supported by
sufficient evidence within two years after the distinguished service;
and
(2) no award was made, because the statement was lost or through
inadvertence the recommendation was not acted on;
a medal of honor, distinguished-service cross, distinguished-service
medal, or device in place thereof, as the case may be, may be awarded to
the person concerned within two years after the date of that
determination.
(Aug. 10, 1956, ch. 1041, 70A Stat. 216; July 5, 1960, Pub. L.
86-582, 1(1), 74 Stat. 320.)
In subsection (a), the words ''may be awarded to a person'' are
substituted for the words ''shall be issued to any one person'' to
conform to the other subsections of the revised section.
In subsection (b), the word ''thereof'' is substituted for the words
''of either of said medal or of said cross''. The words ''Except as
otherwise prescribed in this section'', ''at the time of'',
''specific'', ''official'', and ''has so distinguished himself as'' are
omitted as surplusage.
In subsection (c), 10:1409 (words after 3d semicolon) is omitted as
executed. The words ''hereinbefore authorized'' are omitted as
surplusage.
1960 -- Subsec. (b). Pub. L. 86-582, 1(1)(A), substituted ''Except
as provided in subsection (d), no'' for ''No.''
Subsec. (d). Pub. L. 86-582, 1(1)(B), added subsec. (d).
10 USC 3745. Medal of honor; distinguished-service cross;
distinguished-service medal: delegation of power to award
TITLE 10 -- ARMED FORCES
The President may delegate his authority to award the medal of honor,
distinguished-service cross, and distinguished-service medal, to a
commanding general of a separate army or higher unit in the field.
(Aug. 10, 1956, ch. 1041, 70A Stat. 216.)
The words ''under such conditions, regulations, and limitations as he
shall prescribe'' are omitted as surplusage. The words ''his
authority'' are substituted for the words ''the power conferred upon him
by sections 1403, 1406-1408, 1409-1412, 1416, 1420, 1422, 1423, and 1424
of this title''.
Delegation of functions, see section 301 et seq. of Title 3, The
President.
10 USC 3746. Silver star: award
TITLE 10 -- ARMED FORCES
The President may award a silver star of appropriate design, with
ribbons and appurtenances, to a person who, while serving in any
capacity with the Army, is cited for gallantry in action that does not
warrant a medal of honor or distinguished-service cross --
(1) while engaged in an action against an enemy of the United States;
(2) while engaged in military operations involving conflict with an
opposing foreign force; or
(3) while serving with friendly foreign forces engaged in an armed
conflict against an opposing armed force in which the United States is
not a belligerent party.
(Aug. 10, 1956, ch. 1041, 70A Stat. 216; July 25, 1963, Pub. L.
88-77, 1(3), 77 Stat. 93.)
The words ''may award'' are inserted to conform to other sections of
this chapter. The words ''if the person earned'' are inserted for
clarity. The words ''commanded by'' are omitted as surplusage.
1963 -- Pub. L. 88-77 substituted provisions permitting the issuance
of a silver star for gallantry while engaged in an action against an
enemy of the United States, while engaged in military operations
involving conflict with an opposing foreign force, or while serving with
friendly foreign forces engaged in an armed conflict against an opposing
armed force in which the United States is not a belligerent party, and
requiring it to be of appropriate design, for provisions which
authorized the issuance of the silver star for gallantry in action and
which required that the silver star be three-sixteenths of an inch in
diameter, the citation thereof be published in orders issued from the
headquarters of a force that is the appropriate command of a general
officer, and that it be worn as directed by the President.
Ex. Ord. No. 9419, Feb. 4, 1944, 9 F.R. 1495, which authorized award
of Bronze Star Medal, was superseded by Ex. Ord. No. 11046, Aug. 24,
1962, 27 F.R. 8575, set out as a note below.
Ex. Ord. No. 11046, Aug. 24, 1962, 27 F.R. 8575, as amended by Ex.
Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, provided:
By virtue of the authority vested in me as President of the United
States and as Commander in Chief of the armed forces of the United
States, it is hereby ordered as follows:
1. The Bronze Star Medal, with accompanying ribbons and
appurtenances, which was first established by Executive Order No. 9419
of February 4, 1944, may be awarded by the Secretary of a military
department or the Secretary of Transportation with regard to the Coast
Guard when not operating as a service in the Navy, or by such military
commanders, or other appropriate officers as the Secretary concerned may
designate, to any person who, while serving in any capacity in or with
the Army, Navy, Marine Corps, Air Force, or Coast Guard of the United
States, after December 6, 1941, distinguishes, or has distinguished,
himself by heroic or meritorious achievement or service not involving
participation in aerial flight --
(a) while engaged in an action against an enemy of the United States;
(b) while engaged in military operations involving conflict with an
opposing foreign force; or
(c) while serving with friendly foreign forces engaged in an armed
conflict against an opposing armed force in which the United States is
not a belligerent party.
2. The Bronze Star Medal and appurtenances thereto shall be of
appropriate design approved by the Secretary of Defense, and shall be
awarded under such regulations as the Secretary concerned may prescribe.
Such regulations shall, so far as practicable, be uniform, and those of
the military departments shall be subject to the approval of the
Secretary of Defense.
3. No more than one Bronze Star Medal shall be awarded to any one
person, but for each succeeding heroic or meritorious achievement or
service justifying such an award a suitable device may be awarded to be
worn with the medal as prescribed by appropriate regulations.
4. The Bronze Star Medal or device may be awarded posthumously and,
when so awarded, may be presented to such representative of the deceased
as may be deemed appropriate by the Secretary of the department
concerned.
5. This order shall supersede Executive Order No. 9419 of February
4, 1944, entitled ''Bronze Star Medal''. However, existing regulations
prescribed under that order shall, so far as they are not inconsistent
with this order, remain in effect until modified or revoked by
regulations prescribed under this order by the Secretary of the
department concerned.
Award of silver star to members of Navy and Air Force, see sections
6244 and 8746 of this title.
10 USC 3747. Medal of honor; distinguished-service cross;
distinguished-service medal; silver star: replacement
TITLE 10 -- ARMED FORCES
Any medal of honor, distinguished-service cross,
distinguished-service medal, or silver star, or any bar, ribbon,
rosette, or other device issued for wear with or in place of any of
them, that is lost or destroyed, or becomes unfit for use, without fault
or neglect of the person to whom it was awarded, shall be replaced
without charge.
(Aug. 10, 1956, ch. 1041, 70A Stat. 216.)
The words ''issued for wear with or in place of any of them'' are
inserted for clarity. The words ''presented under the provisions of
this title'' and ''such medal, cross, bar, ribbon, rosette, or device''
are omitted as surplusage.
10 USC 3748. Medal of honor; distinguished-service cross;
distinguished-service medal; silver star: availability of
appropriations
TITLE 10 -- ARMED FORCES
The Secretary of the Army may spend, from any appropriation for
contingent expenses of the Department of the Army, amounts necessary to
provide medals and devices under sections 3741, 3742, 3743, 3744, 3746,
3747, and 3752 of this title.
(Aug. 10, 1956, ch. 1041, 70A Stat. 217.)
The word ''amounts'' is substituted for the words ''so much as may
be''. The word ''provide'' is substituted for the words ''defray the
cost of''. The words ''medals and devices under'' are substituted for
the words ''medals of honor, distinguished-service crosses,
distinguished-service medals, bars, rosettes, and other devices provided
for in''. The words ''from time to time'' are omitted as surplusage.
10 USC 3749. Distinguished flying cross: award; limitations
TITLE 10 -- ARMED FORCES
(a) The President may award a distinguished flying cross of
appropriate design with accompanying ribbon to any person who, while
serving in any capacity with the Army, distinguishes himself by heroism
or extraordinary achievement while participating in an aerial flight.
(b) Not more than one distinguished flying cross may be awarded to a
person. However, for each succeeding act that would otherwise justify
the award of such a cross, the President may award a suitable bar or
other device to be worn as he directs.
(c) No distinguished flying cross, or device in place thereof, may be
awarded or presented to a person whose service after he distinguished
himself has not been honorable.
(Aug. 10, 1956, ch. 1041, 70A Stat. 217.)
Although 10:1429 refers to persons serving ''with the Air Corps of
the Army'', and the functions of the Army Air Corps have been
transferred to the Air Force under section 208(b) of the National
Security Act of 1947 (5 U.S.C. 626c(b)), members of the Army continue to
participate in aerial flights and are eligible for the award of the
distinguished flying cross.
In subsection (a), the words ''Under such rules and regulations as he
may prescribe'' are omitted, since the President has inherent authority
to issue regulations appropriate to exercising his functions. The words
''but not in the name of Congress'' are omitted as surplusage, since a
medal is presented in the name of Congress only if the law so directs.
The word ''award'' is substituted for the word ''present'' to cover the
determination of the recipients as well as the actual presentation of
the medal. The words ''since the 6th day of April, 1917, has
distinguished, or who, after July 2, 1926'' and 10: 1429 (proviso of
1st sentence) are omitted as executed.
Award of distinguished flying cross to members of Navy and Air Force,
see sections 6245 and 8749 of this title.
10 USC 3750. Soldier's Medal: award; limitations
TITLE 10 -- ARMED FORCES
(a) The President may award a decoration called the ''Soldier's
Medal'', of appropriate design with accompanying ribbon, to any person
who, while serving in any capacity with the Army, distinguishes himself
by heroism not involving actual conflict with an enemy.
(b) Not more than one Soldier's Medal may be awarded to a person.
However, for each succeeding act that would otherwise justify the award
of such a medal, the President may award a suitable bar or other device
to be worn as he directs.
(Aug. 10, 1956, ch. 1041, 70A Stat. 217.)
In subsection (a), the words ''Under such rules and regulations as he
may prescribe'' are omitted, since the President has inherent authority
to issue regulations appropriate to exercising his functions. The words
''but not in the name of Congress'' are omitted as surplusage, since a
medal is presented in the name of Congress only if the law so directs.
The word ''award'' is substituted for the word ''present'' to cover the
determination of the recipients as well as the actual presentation of
the medal. The words ''a decoration called'' are substituted for the
words ''a medal to be known as''. The words ''including the National
Guard and the Organized Reserves'' are omitted as surplusage. The words
''or herself'' are omitted, since under section 1 of title 1, words
importing the masculine gender include the feminine. The words ''after
July 2, 1926'' are omitted as executed.
In subsection (b), the words ''that would otherwise justify'' are
substituted for the words ''sufficient to''.
Award of Airman's medal to member of Air Force, see section 8750 of
this title.
10 USC 3751. Service medals: issue; replacement; availability of
appropriations
TITLE 10 -- ARMED FORCES
(a) The Secretary of the Army shall procure, and issue without charge
to any person entitled thereto, any service medal authorized for members
of the Army after May 12, 1928, and any ribbon, clasp, star, or similar
device prescribed as a part of that medal.
(b) Under such regulations as the Secretary may prescribe, any medal
or other device issued under subsection (a) that is lost, destroyed, or
becomes unfit for use, without fault or neglect of the owner, may be
replaced at cost. However, if the owner is a member of the Army or the
Air Force, the medal or device may be replaced without charge.
(c) The Secretary may spend, from any appropriation for the support
of the Army, amounts necessary to provide medals and devices under this
section.
(Aug. 10, 1956, ch. 1041, 70A Stat. 217.)
In subsection (a), 10:1415a (proviso) is omitted as surplusage, since
the revised section is not limited to persons who are members of the
Army at the time of the issue.
In subsection (b), the words ''member of the Army or the Air Force''
are substituted for the words ''persons in the military service of the
United States''.
In subsection (c), the last 16 words are substituted for 10:1415c
(last 16 words).
Section 33 of act Aug. 10, 1956, provided that:
''(a) The Secretary of the Army shall procure, and issue without
charge to any person entitled thereto, the following service medals, and
any ribbon, clasp, star, or similar device prescribed as a part of that
medal:
''(1) Civil War campaign medal;
''(2) Indian campaign medal;
''(3) Spanish campaign medal;
''(4) Spanish War service medal;
''(5) Cuban occupation medal;
''(6) Puerto Rico occupation medal;
''(7) Philippine campaign medal;
''(8) Philippine Congressional medal;
''(9) China campaign medal;
''(10) Cuban pacification medal;
''(11) Mexican service medal;
''(12) Mexican border service medal;
''(13) Victory medal and clasps; and
''(14) fourragere as an individual decoration.
''(b) Under regulations prescribed by the Secretary, any medal or
other device issued under subsection (a) that is lost, destroyed, or
becomes unfit for use, without fault or neglect of the owner, may be
replaced at cost. However, if the owner is a member of the Army or the
Air Force, the medal or device may be replaced without charge.
''(c) The Secretary may spend, from any appropriation for the support
of the Army, amounts necessary to provide medals and devices under this
section.
''(d) If a person dies before a medal or device is presented to him
under subsection (a), it may be presented to his family.''
10 USC 3752. Medals: posthumous award and presentation
TITLE 10 -- ARMED FORCES
(a) If a person dies before the award of a medal of honor,
distinguished-service cross, distinguished-service medal, distinguished
flying cross, or device in place thereof, to which he is entitled, the
award may be made and the medal or device presented to his
representative, as designated by the President.
(b) If a person dies before an authorized service medal or device
prescribed as a part thereof is presented to him under section 3751 of
this title, it shall be presented to his family.
(Aug. 10, 1956, ch. 1041, 70A Stat. 217; Sept. 2, 1958, Pub. L.
85-861, 33(a)(23), 72 Stat. 1565.)
In subsection (a), the words ''If a person'' are substituted for the
words ''In case an individual * * * dies'', in 10:1409, and ''In case an
individual * * * shall have died'', in 10:1429. The words ''within three
years from the date'', in 10:1409, are omitted as covered by section
3744 of this title. The words ''who shall distinguish himself'', in
10:1409, and ''who distinguishes himself'', in 10:1429, are omitted as
covered by the words ''the award * * * to which he is entitled''.
The change reflects the fact that the source statute for these
sections (sec. 1 of the Act of May 12, 1928, ch. 528, 45 Stat. 500) was
mandatory and not merely permissive.
1958 -- Subsec. (b). Pub. L. 85-861 substituted ''it shall be
presented'' for ''it may be presented''.
Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section
33(g) of Pub. L. 85-861, set out as a note under section 101 of this
title.
10 USC 3753. Civil War battle streamers
TITLE 10 -- ARMED FORCES
If, under regulations prescribed by the Secretary of the Army, it is
determined that a regiment or other unit of the Army is entitled to that
honor, the regiment or unit may carry any appropriate Civil War battle
streamer with its colors or standards.
(Aug. 10, 1956, ch. 1041, 70A Stat. 218.)
The words ''it is determined'' are substituted for the words ''upon
verification in the War Department that it is entitled to such honors''.
10 USC (CHAPTER 359 -- REPEALED)
TITLE 10 -- ARMED FORCES
10 USC ( 3781 to 3787. Repealed. Pub. L. 96-513, title II, 213, Dec.
12, 1980, 94 Stat. 2885)
TITLE 10 -- ARMED FORCES
Section 3781, acts Aug. 10, 1956, ch. 1041, 70A Stat. 218; July
12, 1960, Pub. L. 86-616, 2(a), 74 Stat. 386, authorized Secretary of
the Army to convene at any time a board of officers to review record of
any commissioned officer on active list of Regular Army to determine
whether he should be required, because of substandard performance of
duty, to show cause for his retention on active list. See section
1181(a) of this title.
Section 3782, acts Aug. 10, 1956, ch. 1041, 70A Stat. 218; July
12, 1960, Pub. L. 86-616, 2(a), 74 Stat. 387, provided for boards of
inquiry, composed of three or more officers, to be convened at such
places as Secretary of the Army prescribes, to receive evidence and make
findings and recommendations whether an officer, required to show cause
under section 3781 of this title, should be retained on active list of
Regular Army. See section 1182 of this title.
Section 3783, acts Aug. 10, 1956, ch. 1041, 70A Stat. 218; July
12, 1960, Pub. L. 86-616, 2(a), 74 Stat. 387, provided for boards of
review, composed of three or more officers, to be convened by Secretary
of the Army, at such places as he prescribes, to review records of cases
of officers recommended by boards of inquiry for removal from active
list of Regular Army. See section 1183 of this title.
Section 3784, acts Aug. 10, 1956, ch. 1041, 70A Stat. 219; July
12, 1960, Pub. L. 86-616, 2(a), 74 Stat. 387, authorized Secretary of
the Army to remove an officer from active list of Regular Army if his
removal is recommended by a board of review and provided that decision
of Secretary in such a case is final and conclusive. See section 1184 of
this title.
Section 3785, acts Aug. 10, 1956, ch. 1041, 70A Stat. 219; July
12, 1960, Pub. L. 86-616, 2(a), 74 Stat. 387, provided that each
officer under consideration for removal from active list of Regular Army
under this chapter be given written notification, at least 30 days prior
to a board of inquiry hearing, that he is being required to show cause
for retention on active list, be allowed reasonable time to prepare a
defense, be allowed to appear in person and by counsel at proceedings
before a board of inquiry, and be allowed full access to, and furnished
copies of, records relevant to his case at all stages of proceeding.
See section 1185 of this title.
Section 3786, acts Aug. 10, 1956, ch. 1041, 70A Stat. 219; July
12, 1960, Pub. L. 86-616, 2(a), 74 Stat. 387, authorized Secretary of
the Army, at any time during proceedings under this chapter and before
removal of an officer from active list of Regular Army, to grant that
officer's request for voluntary retirement, if he is otherwise qualified
therefor, or for honorable discharge with severance benefits. See
section 1186 of this title.
Section 3787, added Pub. L. 96-616, 2(a), July 12, 1960, 74 Stat.
388, provided that no officer serve on a board under this chapter unless
he holds a regular or temporary grade above lieutenant colonel, and is
senior in regular grade to, and outranks, any officer considered by
board and that no person be a member of more than one board convened
under this chapter for same officer. See section 1187 of this title.
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.
10 USC (CHAPTER 360 -- REPEALED)
TITLE 10 -- ARMED FORCES
10 USC ( 3791 to 3797. Repealed. Pub. L. 96-513, title II, 213, Dec.
12, 1980, 94 Stat. 2885)
TITLE 10 -- ARMED FORCES
Section 3791, added Pub. L. 86-616, 3(a), July 12, 1960, 74 Stat.
388, authorized Secretary of the Army to convene at any time a board of
general officers to review record of any commissioned officer on active
list of Regular Army to determine whether he should be required, because
of moral dereliction, professional dereliction, or because his retention
is not clearly consistent with interests of national security, to show
cause for his retention on active list. See section 1181(b) of this
title.
Section 3792, added Pub. L. 86-616, 3(a), July 12, 1960, 74 Stat.
388, provided for boards of inquiry, composed of three or more general
officers, to be convened at such places as Secretary of the Army
prescribes, to receive evidence and make findings and recommendations
whether an officer, required to show cause under section 3791 of this
title, should be retained on active list of Regular Army. See section
1182 of this title.
Section 3793, added Pub. L. 86-616, 3(a), July 12, 1960, 74 Stat.
389, provided for boards of review, composed of three or more general
officers, to be convened by Secretary of the Army, at such places as he
prescribes, to review records of cases of officers recommended by boards
of inquiry for removal from active list of Regular Army. See section
1183 of this title.
Section 3794, added Pub. L. 86-616, 3(a), July 12, 1960, 74 Stat.
389, authorized Secretary of the Army to remove an officer from active
list of Regular Army if his removal is recommended by a board of review
and provided that decision of Secretary in such a case is final and
conclusive. See section 1184 of this title.
Section 3795, added Pub. L. 86-616, 3(a), July 12, 1960, 74 Stat.
389, provided that each officer under consideration for removal from
active list of Regular Army under this chapter be given written
notification, at least 30 days prior to a board of inquiry hearing, that
he is being required to show cause for retention on active list, be
allowed reasonable time to prepare a defense, be allowed to appear in
person and by counsel at proceedings before board of inquiry, and be
allowed full access to, and furnished copies of, records relevant to his
case at all stages of proceedings, except records that Secretary
determines be withheld in interests of national security, in which case,
a summary, to extent national security permits, be furnished. See
section 1185 of this title.
Section 3796, added Pub. L. 86-616, 3(a), July 12, 1960, 74 Stat.
389, authorized Secretary of the Army, at any time during proceedings
under this chapter and before removal of an officer from active list of
Regular Army, to grant that officer's request for voluntary retirement,
if he is otherwise qualified therefor, or for honorable discharge with
severance benefits. See section 1186 of this title.
Section 3797, added Pub. L. 86-616, 3(a), July 12, 1960, 74 Stat.
390, provided that no officer serve on a board under this chapter unless
he holds a regular or temporary grade above lieutenant colonel, and is
senior in regular grade to, and outranks, any officer considered by that
board and that no person be a member of more than one board convened
under this chapter for same officer. See section 1187 of this title.
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.
10 USC CHAPTER 361 -- SEPARATION FOR VARIOUS REASONS
TITLE 10 -- ARMED FORCES
Sec.
(3811 to 3818. Repealed or Omitted.)
3819. Army Reserve officers: discharge for failure of promotion to
first lieutenant.
3820. Army National Guard of United States officers: discharge.
1980 -- Pub. L. 96-513, title V, 502(15), Dec. 12, 1980, 94 Stat.
2910, struck out item 3814 ''Regular commissioned officers: discharge
during three-year probationary period'' and item 3818 ''Regular female
members: termination of appointment or enlistment''.
1974 -- Pub. L. 93-558, 1, Dec. 30, 1974, 88 Stat. 1793, added
item 3814a, ''Regular commissioned officers; second lieutenants, first
lieutenants, and captains; discharge during a reduction in force'',
which expired three years after its effective date, Dec. 30, 1974, in
accordance with section 2 of Pub. L. 93-558.
1968 -- Pub. L. 90-235 3(a)(3), (b)(3), Jan. 2, 1968, 81 Stat.
757, 758, struck out item 3811 ''Army enlisted members: discharge
certificate; limitations on discharge'', item 3812 ''Army enlisted
members: during war or emergency; discharge'', item 3813 ''Army
enlisted members: dependency discharge'', item 3815 ''Regular enlisted
members: resignation of members enlisted on career basis;
limitations'', and item 3816 ''Regular enlisted members: minority
discharge''.
1958 -- Pub. L. 85-861, 1(93)(C), Sept. 2, 1958, 72 Stat. 1482,
added item 3819.
Reserves, discharge, see section 1162 of this title.
10 USC ( 3811 to 3813. Repealed. Pub. L. 90-235, 3(a)(2), (b)(1), Jan.
2, 1968, 81 Stat. 757, 758)
TITLE 10 -- ARMED FORCES
Section 3811, act Aug. 10, 1956, ch. 1041, 70A Stat. 220, provided
for discharge of enlisted members of Army and limitations thereon, and
for issuance of discharge certificates. See section 1169 of this title.
Section 3812, act Aug. 1956, ch. 1041, 70A Stat. 220, provided for
the discharge of members of the Army enlisted during war or emergency.
See section 1172 of this title.
Section 3813, act Aug. 10, 1956, ch. 1041, 70A Stat. 220, provided
for dependency discharges for enlisted members of the Army.
10 USC ( 3814. Repealed. Pub. L. 96-513, title II, 214, Dec. 12, 1980,
94 Stat. 2885)
TITLE 10 -- ARMED FORCES
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 220, authorized
Secretary of the Army to discharge a regular commissioned officer who
has less than three years of continuous service as a commissioned
officer therein, provided that such officer not be dismissed because of
his marriage, unless marriage occurred within one year after date of his
original appointment. See section 630 of this title.
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.
10 USC ( 3814a. Omitted)
TITLE 10 -- ARMED FORCES
Section, added Pub. L. 93-558, 1, Dec. 30, 1974, 88 Stat. 1793,
which related to discharge, during a reduction in force, of regular
commissioned officers, second lieutenants, first lieutenants, and
captains, expired three years after its effective date, Dec. 30, 1974,
in accordance with section 2 of Pub. L. 93-558.
10 USC ( 3815, 3816. Repealed. Pub. L. 90-235, 3(a)(2), (b)(1), Jan.
2, 1968, 81 Stat. 757, 758)
TITLE 10 -- ARMED FORCES
Section 3815, act Aug. 10, 1956, ch. 1041, 70A Stat. 220, provided
for resignation of regular enlisted members of Army enlisted on a career
basis and limitations thereon.
Section 3816, act Aug. 10, 1956, ch. 1041, 70A Stat. 221, provided
for minority discharges for regular enlisted members of Army. See
section 1170 of this title.
10 USC ( 3818. Repealed. Pub. L. 96-513, title II, 236, Dec. 12, 1980,
94 Stat. 2887)
TITLE 10 -- ARMED FORCES
Section, acts Aug. 10, 1956, ch. 1041, 70A Stat. 221; Oct. 20,
1978, Pub. L. 95-485, title VIII, 820(g), 92 Stat. 1627, authorized
Secretary of the Army to terminate appointment of a female commissioned
officer of Regular Army, other than by dismissal, under regulations
prescribed by President, or to terminate the appointment of a female
warrant officer or enlistment of a female member of Regular Army by
discharge from the Army.
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.
10 USC 3819. Army Reserve officers: discharge for failure of promotion
to first lieutenant
TITLE 10 -- ARMED FORCES
(a) Except as provided in sections 1005 and 1006 of this title, each
second lieutenant of the Army Reserve who is in an active status and not
on the active-duty list shall be discharged from his reserve appointment
if he is not promoted before or on the date on which he completes three
years of service computed under section 3360(b) of this title.
(b) Except as provided by section 1006 of this title, each second
lieutenant of the Army Reserve who is on the active-duty list of the
Army and is found not qualified for promotion to the reserve grade of
first lieutenant shall be discharged from his reserve appointment not
later than the end of the 18-month period beginning on the date on which
he is first found not qualified for promotion to that grade, unless he
is promoted to that grade before the end of that period.
(Added Pub. L. 85-861, 1(93)(A), Sept. 2, 1958, 72 Stat. 1482, and
amended Pub. L. 98-525, title V, 528(b), Oct. 19, 1984, 98 Stat. 2526.)
The words ''if he is not promoted'' are substituted for the words
''whose promotion to the next higher grade is not accomplished''.
1984 -- Pub. L. 98-525 designated existing provisions as subsec.
(a), substituted ''in an active status and not on the active-duty list''
for ''in an active status'', and added subsec. (b).
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 3820. Army National Guard of United States officers: discharge
TITLE 10 -- ARMED FORCES
(a) The Secretary may terminate the reserve appointment of an officer
of the Army National Guard of the United States and withdraw his Federal
recognition as an officer of the Army National Guard, if he has been
absent without leave for three months.
(b) An officer of the Army National Guard of the United States whose
Federal recognition as an officer of the Army National Guard is
withdrawn under section 323(b) of title 32 shall be discharged from his
reserve appointment.
(c) Except as provided in sections 1005 and 1006 of this title, each
second lieutenant of the Army National Guard of the United States who is
not promoted before or on the date on which he completes three years of
service computed under section 3360(b) of this title, shall be
discharged from his reserve appointment.
(Aug. 10, 1956, ch. 1041, 70A Stat. 221; Sept. 2, 1958, Pub. L.
85-861, 1(93)(B), 72 Stat. 1482.)
In subsection (c), the words ''from his reserve appointment'' are
inserted, since discharge from the Army National Guard is contingent
upon other factors.
1958 -- Subsec. (c). Pub. L. 85-861 added subsec. (c).
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC CHAPTER 363 -- SEPARATION OR TRANSFER TO RETIRED RESERVE
TITLE 10 -- ARMED FORCES
Sec.
(3841, 3842. Repealed.)
3843. Age 60: reserve officers below major general.
3844. Age 62: reserve major generals other than those covered by
section 3845 and brigadier generals on a recommended list.
3845. Age 64: officers holding certain offices.
3846. First lieutenants, captains, and majors not recommended by two
selection boards.
(3847. Repealed.)
3848. Twenty-eight years: reserve first lieutenants, captains,
majors, and lieutenant colonels.
(3849. Repealed.)
3850. Thirty years or more: reserve commissioned officers;
excessive number.
3851. Thirty years or five years in grade: reserve colonels and
brigadier generals.
3852. Thirty-five years or five years in grade: reserve major
generals.
3853. Computation of years of service.
3854. Regulations.
3855. Retention in active status of certain officers.
1987 -- Pub. L. 100-180, div. A, title VII, 717(d)(1)(B), Dec. 4,
1987, 101 Stat. 1114, struck out ''until age 60'' after ''officers'' in
item 3855.
1967 -- Pub. L. 90-130, 1(12)(A), Nov. 8, 1967, 81 Stat. 376,
struck out item 3847 ''Twenty-five years: officers below lieutenant
colonel; Army Nurse Corps, Army Medical Specialist Corps, and Women's
Army Corps.''
1960 -- Pub. L. 86-559, 1(32), June 30, 1960, 74 Stat. 273,
substituted ''officers below lieutenant colonel; Army Nurse Corps, Army
Medical Specialist Corps, and Women's Army Corps'' for ''Women's Army
Corps majors'' in item 3847, struck out item 3841 ''Age 50: Army Nurse
Corps or Army Medical Specialist Corps; reserve officers below major'',
3842 ''Age 55: Army Nurse Corps or Army Medical Specialist Corps;
reserve officers above captain'' and item 3849 ''Twenty-eight years:
Women's Army Corps lieutenant colonels'', and added item 3855.
1958 -- Pub. L. 85-861, 1(94), Sept. 2, 1958, 72 Stat. 1483, added
items 3841 to 3854.
10 USC ( 3841, 3842. Repealed. Pub. L. 86-559, 1(22), June 30, 1960, 74
Stat. 271)
TITLE 10 -- ARMED FORCES
Section 3841, added Pub. L. 85-861, 1(94), Sept. 2, 1958, 72 Stat.
1483, related to separation or transfer to retired reserve of reserve
nurses and medical specialists at age 50 if in a reserve grade below
major.
Section 3842, added Pub. L. 85-861, 1(94), Sept. 2, 1958, 72 Stat.
1483, related to separation or transfer to Retired Reserve of Reserve
nurses and medical specialists at age 55 if in a Reserve grade above
captain.
10 USC 3843. Age 60: reserve officers below major general
TITLE 10 -- ARMED FORCES
(a) Except as provided in section 3845 of this title, each officer in
the reserve grade of brigadier general who has not been recommended for
promotion to the reserve grade of major general or has not remained in
an active status since such a recommendation shall, on the last day of
the month in which he becomes 60 years of age --
(1) be transferred to the Retired Reserve, if he is qualified and
applies therefor; or
(2) if he is not qualified or does not apply therefor, be discharged
from his reserve appointment.
(b) Except as provided in section 3845 of this title, each
commissioned officer in a reserve grade below brigadier general who is
not a member of the Retired Reserve shall, on the last day of the month
in which he becomes 60 years of age --
(1) be transferred to the Retired Reserve, if he is qualified and
applies therefor; or
(2) if he is not qualified or does not apply therefor, be discharged
from his reserve appointment.
(Added Pub. L. 85-861, 1(94), Sept. 2, 1958, 72 Stat. 1483, and
amended Pub. L. 86-559, 1(23), June 30, 1960, 74 Stat. 271; Pub. L.
99-145, title XIII, 1303(a)(20)(A), Nov. 8, 1985, 99 Stat. 739.)
In subsection (b), the words ''after July 1, 1960'' are inserted to
reflect 50:1263 (words of 2d paragraph (before colon)).
1985 -- Subsec. (b). Pub. L. 99-145 struck out ''after July 1,
1960,'' after ''this title,''.
1960 -- Subsec. (b). Pub. L. 86-559 substituted ''in a reserve grade
below brigadier general who is not a member of the Retired Reserve'' for
''in an active status in a reserve grade below brigadier general.''
Section 21 of Pub. L. 85-861 provided that:
''(a) Before July 2, 1960, each officer of the Army in the reserve
grade of colonel who has not been recommended for promotion to the
reserve grade of brigadier general or has not remained in an active
status since such a recommendation, and each officer of the Army in the
reserve grade of lieutenant colonel who has been recommended for
promotion to the reserve grade of colonel and has remained in an active
status since that recommendation, shall, on the last day of the month in
which he becomes 58 years of age --
''(1) be transferred to the Retired Reserve, if he is qualified and
applies therefor; or
''(2) if he is not qualified or does not apply therefor, be
discharged.
''(b) Before July 2, 1960, each officer of the Army in the reserve
grade of lieutenant colonel who has not been recommended for promotion
to the reserve grade of colonel or has not remained in an active status
since such a recommendation, and each officer of the Army in a reserve
grade below lieutenant colonel, shall, on the last day of the month in
which he becomes 55 years of age --
''(1) be transferred to the Retired Reserve, if he is qualified and
applies therefor; or
''(2) if he is not qualified or does not apply therefor, be
discharged.
''(c) Notwithstanding subsections (a) and (b), the Secretary of the
Army may authorize the retention in an active status until age 60 of any
officer of the Army National Guard of the United States who would
otherwise be removed from an active status under this section and who is
assigned to a headquarters or headquarters detachment of a State or
Territory, Puerto Rico, the Canal Zone, or the District of Columbia.
''(d) Notwithstanding subsections (a) and (b), a reserve officer who
is on active duty (other than for training) in a temporary grade above
lieutenant colonel and who would otherwise be removed from an active
status under this section may, in the discretion of the Secretary, be
retained on active duty, but not past his sixtieth birthday, and may not
be removed from an active status while he is on that duty.
''(e) Notwithstanding subsections (a) and (b), the age prescribed for
the discharge or transfer from an active status before July 2, 1960, of
a reserve officer covered by this section is 60 for the purposes of
section 1006 of title 10, United States Code.
''(f) Notwithstanding subsections (a) and (b), a reserve officer of
the Army who is assigned to the Selective Service System may be retained
in an active status in that assignment until he becomes 60 years of
age.''
Retention of reserve officers after completing 18 or more, but less
than 20, years of service, see section 1006 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 3844. Age 62: reserve major generals other than those covered
by section 3845 and brigadier generals on a recommended list
TITLE 10 -- ARMED FORCES
Except as provided in section 3845 of this title, each officer in the
reserve grade of major general who is not a member of the Retired
Reserve, and each officer in the reserve grade of brigadier general who
is not a member of the Retired Reserve and who is on a recommended list
for promotion to the reserve grade of major general, shall, on the last
day of the month in which he becomes 62 years of age --
(1) be transferred to the Retired Reserve, if he is qualified and
applies therefor; or
(2) if he is not qualified or does not apply therefor, be discharged
from his reserve appointment.
(Added Pub. L. 85-861, 1(94), Sept. 2, 1958, 72 Stat. 1484, and
amended Pub. L. 86-559, 1(24), June 30, 1960, 74 Stat. 271.)
The words ''in an active status'' are substituted for the words ''who
is not removed from an active status at an earlier date under other
provisions of law''.
1960 -- Pub. L. 86-559 substituted ''in the reserve grade of major
general who is not a member of the Retired Reserve, and each officer in
the reserve grade of brigadier general who is not a member of the
Retired Reserve and who is on a recommended list for promotion to the
reserve grade of major general, shall'' for ''in an active status in the
reserve grade of major general and each officer in an active status in
the reserve grade of brigadier general who is on a recommended list for
promotion to the reserve grade of major general shall.''
Retention of reserve officers after completing 18 or more, but less
than 20, years of service, see section 1006 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 3845. Age 64: officers holding certain offices
TITLE 10 -- ARMED FORCES
An officer of the Army National Guard of the United States who is
Chief of the National Guard Bureau, and each adjutant general or
commanding general of the troops of a State or Territory, Puerto Rico,
or the District of Columbia, shall, on the last day of the month in
which he becomes 64 years of age --
(1) be transferred to the Retired Reserve, if he is qualified and
applies therefor; or
(2) if he is not qualified or does not apply therefor, be discharged
from his reserve appointment.
(Added Pub. L. 85-861, 1(94), Sept. 2, 1958, 72 Stat. 1484, and
amended Pub. L. 100-456, div. A, title XII, 1234(a)(1), Sept. 29, 1988,
102 Stat. 2059.)
The words ''Except as provided hereafter in this section'' and ''who
is not removed from an active status at an earlier date under other
provisions of law'' are omitted as surplusage. The words ''An officer
of the Army National Guard of the United States who is'' are inserted
for clarity, since the Chief of the National Guard Bureau might be a
member of the Air Force and be covered by section 8845 of this title.
1988 -- Pub. L. 100-456 struck out ''the Canal Zone,'' after
''Puerto Rico,''.
Adjutants general and assistant adjutants general, reference as
applicable to other officers of National Guard, see section 281 of this
title.
Retention of reserve officers after completing 18 or more, but less
than 20, years of service, see section 1006 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 3846. First lieutenants, captains, and majors not recommended by
two selection boards
TITLE 10 -- ARMED FORCES
Except as provided in sections 1005 and 1006 of this title, an
officer in the reserve grade of first lieutenant, captain, or major who,
while serving in the reserve grade that he then holds, was considered
but not recommended for promotion by two selection boards convened under
section 3366 or 3367 of this title, shall, within 90 days after the
second selection board submits its report to the convening authority if
he is not on active duty or is on active duty for training, or within
120 days after being notified of his failure of selection by the second
selection board if he is on active duty (other than for training) --
(1) be transferred to the Retired Reserve, if he is qualified and
applies therefor; or
(2) if he is not qualified or does not apply therefor, be discharged
from his reserve appointment.
(Added Pub. L. 85-861, 1(94), Sept. 2, 1958, 72 Stat. 1484.)
The words ''but not recommended'' are substituted for the words ''and
not recommended for promotion by either board''.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC ( 3847. Repealed. Pub. L. 90-130, 1(12)(A), Nov. 8, 1967, 81
Stat. 376)
TITLE 10 -- ARMED FORCES
Section, added Pub. L. 85-861, 1(94), Sept. 2, 1958, 72 Stat.
1484; Pub. L. 86-559, 1(25), June 30, 1960, 74 Stat. 272, provided for
transfer to Retired Reserve or discharge from his reserve appointment,
after July 1, 1960, of each officer in a reserve grade below lieutenant
colonel with 25 years service assigned to Army Nurse Corps, Army Medical
Specialist Corps, or Women's Army Corps who had not been recommended for
promotion to reserve grade of lieutenant colonel or who has not remained
on active duty since such a recommendation.
10 USC 3848. Twenty-eight years: reserve first lieutenants, captains,
majors, and lieutenant colonels
TITLE 10 -- ARMED FORCES
(a) Each officer in the reserve grade of first lieutenant, captain,
major, or lieutenant colonel who is not a member of the Retired Reserve
shall, 30 days after he completes 28 years of service computed under
section 3853 of this title --
(1) be transferred to the Retired Reserve, if he is qualified and
applies therefor; or
(2) if he is not qualified or does not apply therefor, be discharged
from his reserve appointment.
(b) Each officer in the reserve grade of lieutenant colonel who has
been recommended for promotion, and who would otherwise be removed from
an active status under this section, shall be retained in that status
until he is appointed or is refused appointment to the next higher
grade.
(c) Notwithstanding subsections (a) and (b), the Secretary of the
Army may authorize the retention in an active status until age 60 of an
officer who would otherwise be removed from an active status under this
section who --
(1) is an officer of the Army National Guard of the United States
assigned to a headquarters or headquarters detachment of a State or
territory, the Commonwealth of Puerto Rico, or the District of Columbia;
or
(2) is employed --
(A) as a technician under section 709 of title 32 in a position for
which membership in the National Guard is required as a condition of
employment; or
(B) as a technician of the Army Reserve in a position for which
membership in the Army Reserve is required as a condition of employment.
(d) Notwithstanding subsection (a), an officer who is assigned to the
Army Nurse Corps, or the Army Medical Specialist Corps, and who would
otherwise be removed from an active status under subsection (a), may, in
the discretion of the Secretary of the Army, be retained in an active
status, but not later than 30 days after he completes 30 years of
service computed under section 3853 of this title.
(Added Pub. L. 85-861, 1(94), Sept. 2, 1958, 72 Stat. 1485, and
amended Pub. L. 86-559, 1(26), June 30, 1960, 74 Stat. 272; Pub. L.
90-130, 1(12)(B), Nov. 8, 1967, 81 Stat. 376; Pub. L. 90-486, 9(1),
Aug. 13, 1968, 82 Stat. 760; Pub. L. 95-485, title VIII, 820(h), Oct.
20, 1978, 92 Stat. 1627; Pub. L. 96-513, title V, 512(8), Dec. 12,
1980, 94 Stat. 2929; Pub. L. 99-145, title V, 522(a)(1), title XIII,
1303(a)(20)(B), Nov. 8, 1985, 99 Stat. 631, 739; Pub. L. 100-456, div.
A, title XII, 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059.)
In subsection (a), the words ''After July 1, 1960'' are substituted
for 50:1264(e). The words ''in an active status'' are substituted for
the words ''not removed from an active status at an earlier date under
other provisions of law'', in 50:1264(b).
In subsection (b), 50:1264(c) (last 33 words) is omitted as
surplusage.
In subsection (c), the words ''in the grade of colonel or below'' are
omitted as surplusage.
1988 -- Subsec. (c)(1). Pub. L. 100-456 struck out ''the Canal
Zone,'' after ''Puerto Rico,''.
1985 -- Subsec. (a). Pub. L. 99-145, 1303(a)(20)(B), substituted
''Each'' for ''After July 1, 1960, each''.
Subsec. (c). Pub. L. 99-145, 522(a)(1), amended subsec. (c)
generally, thereby expanding coverage to include reserve officers who
are employed as civilian technicians in the Army Reserve in positions
that require membership in the Army Reserve.
1980 -- Subsec. (c)(2). Pub. L. 96-513 struck out '', United States
Code,'' after ''title 32''.
1978 -- Subsec. (d). Pub. L. 95-485 substituted ''or the Army
Medical Specialist Corps'' for ''the Army Medical Specialist Corps, or
the Women's Army Corps''.
1968 -- Subsec. (c). Pub. L. 90-486 authorized the Secretary to
retain in active status any officer who is employed as a technician
under section 709 of Title 32 in a position for which Army National
Guard membership is prescribed by the Secretary.
1967 -- Subsec. (a). Pub. L. 90-130 struck out reference to section
3847 of this title and provisions limiting the applicability of the
section, in the case of officers assigned to the Army Nurse Corps, Army
Medical Specialist Corps, or Women's Army Corps, to officers in the
reserve grade of major who have been recommended for promotion to the
reserve grade of lieutenant colonel, who are not a member of the Retired
Reserve, and who have remained in an active duty status since that
recommendation.
1960 -- Subsec. (a). Pub. L. 86-559, 1(26)(A), substituted ''except
as provided in section 3847 of this title, each officer in the reserve
grade of first lieutenant, captain, major, or lieutenant colonel who is
not a member of the Retired Reserve, and each officer in the reserve
grade of major who is assigned to the Army Nurse Corps, Army Medical
Specialist Corps, or the Women's Army Corps, who has been recommended
for promotion to the reserve grade of lieutenant colonel who is not a
member of the Retired Reserve, and who has remained in an active status
since that recommendation, shall'' for ''each officer in an active
status in the reserve grade of first lieutenant, captain, major, or
lieutenant colonel shall''.
Subsec. (d). Pub. L. 86-559, 1(26)(B), added subsec. (d).
Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of
this title.
Amendment by Pub. L. 90-486 effective Jan. 1, 1968, except that no
deductions or withholding from salary which result therefrom shall
commence before the first day of the first pay period that begins on or
after Jan. 1, 1968, see section 11 of Pub. L. 90-486, set out as a
note under section 709 of Title 32, National Guard.
Retention of reserve officers after completing 18 or more, but less
than 20, years of service, see section 1006 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC ( 3849. Repealed. Pub. L. 86-559, 1(27), June 30, 1960, 74 Stat.
272)
TITLE 10 -- ARMED FORCES
Section, added Pub. L. 85-861, 1(94), Sept. 2, 1958, 72 Stat.
1485, related to separation or transfer to retired reserve of officers
in the reserve grade of lieutenant colonel assigned to the Women's Army
Corps upon completion of 28 years of service.
10 USC 3850. Thirty years or more: reserve commissioned officers;
excessive number
TITLE 10 -- ARMED FORCES
Whenever the Secretary of the Army believes that there are too many
commissioned officers in an active status, in any reserve grade, who
have at least 30 years of service computed under section 3853 of this
title or at least 20 years of service computed under section 1332 of
this title, he shall convene a board to consider all officers in an
active status in that grade who have that amount of service and who are
not assigned to a unit organized to serve as a unit. The board shall
recommend officers by name for removal from an active status, in the
number specified by the Secretary. In the case of an officer so
recommended, the Secretary may --
(1) transfer him to the Retired Reserve, if he is qualified and
applies therefor; or
(2) if he is not qualified or does not apply therefor, discharge him
from his reserve appointment.
(Added Pub. L. 85-861, 1(94), Sept. 2, 1958, 72 Stat. 1485.)
The words ''The board shall * * * in the number specified by the
Secretary'' are inserted for clarity. The words ''and transfer to the
Retired Reserve or discharge'' are omitted as surplusage. The word
''may'' is substituted for the words ''in his discretion, is
authorized''.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 3851. Thirty years or five years in grade: reserve colonels and
brigadier generals
TITLE 10 -- ARMED FORCES
(a) Each officer in the reserve grade of colonel or brigadier general
who is not a member of the Retired Reserve or the adjutant general or
assistant adjutant general of a State or Territory, Puerto Rico, or the
District of Columbia shall, 30 days after he completes 30 years of
service computed under section 3853 of this title or on the fifth
anniversary of the date of his appointment in his current reserve grade,
whichever is later --
(1) be transferred to the Retired Reserve, if he is qualified and
applies therefor; or
(2) if he is not qualified or does not apply therefor, be discharged
from his reserve appointment.
(b) Each officer who has been recommended for promotion, and who
would otherwise be removed from an active status under this section,
shall be retained in that status until he is appointed or refused
appointment to the next higher grade.
(c) Notwithstanding subsections (a) and (b), the Secretary of the
Army may authorize the retention in an active status until age 60 of an
officer in the reserve grade of brigadier general who would otherwise be
removed from an active status under this section, except that not more
than 10 officers may be retained under this subsection at any time.
(d) Notwithstanding subsections (a) and (b), the Secretary of the
Army may authorize the retention in an active status until age 60 of an
officer who would otherwise be removed from an active status under this
section who --
(1) is an officer of the Army National Guard of the United States
assigned to a headquarters or headquarters detachment of a State or
territory, the Commonwealth of Puerto Rico, or the District of Columbia;
or
(2) is employed --
(A) as a technician under section 709 of title 32 in a position for
which membership in the National Guard is required as a condition of
employment; or
(B) as a technician of the Army Reserve in a position for which
membership in the Army Reserve is required as a condition of employment.
(Added Pub. L. 85-861, 1(94), Sept. 2, 1958, 72 Stat. 1486, and
amended Pub. L. 86-559, 1(28), June 30, 1960, 74 Stat. 272; Pub. L.
90-486, 9(1), Aug. 13, 1968, 82 Stat. 760; Pub. L. 96-513, title V,
512(8), Dec. 12, 1980, 94 Stat. 2929; Pub. L. 98-525, title V, 513,
Oct. 19, 1984, 98 Stat. 2522; Pub. L. 99-145, title V, 522(a)(2), title
XIII, 1303(a)(20)(B), Nov. 8, 1985, 99 Stat. 631, 739; Pub. L. 99-661,
div. A, title XIII, 1342(g), Nov. 14, 1986, 100 Stat. 3992; Pub. L.
100-456, div. A, title XII, 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059.)
In subsection (a), the words ''After July 1, 1960'' are substituted
for 50:1264(e). The words ''who is not removed from an active status at
an earlier date under other provisions of law'' are omitted as covered
by the words ''in an active status'', in 50:1264(a).
In subsection (b), 50:1264(c) (last 33 words) is omitted as
surplusage.
In subsection (c), the words ''or below'' are omitted as surplusage.
1988 -- Subsecs. (a), (d)(1). Pub. L. 100-456 struck out ''the
Canal Zone,'' after ''Puerto Rico,''.
1986 -- Subsec. (d). Pub. L. 99-661 amended section and directory
language of Pub. L. 99-145, 522(a)(2), to correct an error. See 1985
Amendment note below.
1985 -- Subsec. (a). Pub. L. 99-145, 1303(a)(20)(B), substituted
''Each'' for ''After July 1, 1960, each''.
Subsec. (d). Pub. L. 99-145, 522(a)(2), as amended Pub. L. 99-661,
amended subsec. (d) generally, expanding coverage to include reserve
officers who are employed as civilian technicians in the Army Reserve in
positions that require membership in the Army Reserve.
1984 -- Subsec. (c). Pub. L. 98-525, 513(2), added subsec. (c).
Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 98-525, 513(1), redesignated former subsec. (c)
as (d) and struck out ''of this section'' after ''subsections (a) and
(b)'' in provisions preceding par. (1).
1980 -- Subsec. (c)(2). Pub. L. 96-513 struck out '', United States
Code,'' after ''title 32''.
1968 -- Subsec. (c). Pub. L. 90-486 struck out ''whose reserve grade
is colonel'' after ''the United States,'' and inserted provisions
authorizing the Secretary to retain in active status any officer who is
employed as a technician under section 709 of Title 32 in a position for
which Army National Guard membership is prescribed by the Secretary.
1960 -- Subsec. (a). Pub. L. 86-559 substituted ''in the reserve
grade of colonel or brigadier general who is not a member of the Retired
Reserve or the adjutant general or assistant adjutant general of a State
or Territory, Puerto Rico, the Canal Zone, or the District of Columbia''
for ''in an active status in the reserve grade of colonel or brigadier
general''.
Section 1342(h)(2) of Pub. L. 99-661 provided that: ''The
amendments made by subsections (f) and (g) (amending this section and
section 2168 of Title 50, Appendix, War and National Defense) shall
apply as if included in the enactment of the Department of Defense
Authorization Act, 1986 (Public Law 99-145).''
Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of
this title.
Amendment by Pub. L. 90-486 effective Jan. 1, 1968, except that no
deductions or withholding from salary which result therefrom shall
commence before the first day of the first pay period that begins on or
after Jan. 1, 1968, see section 11 of Pub. L. 90-486, set out as a
note under section 709 of Title 32, National Guard.
Adjutants general and assistant adjutants general, reference as
applicable to other officers of National Guard, see section 281 of this
title.
Retention of reserve officers after completing 18 or more, but less
than 20, years of service, see section 1006 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 3852. Thirty-five years or five years in grade: reserve major
generals
TITLE 10 -- ARMED FORCES
(a) Each officer in the reserve grade of major general who is not a
member of the Retired Reserve or the adjutant general or assistant
adjutant general of a State or Territory, Puerto Rico, or the District
of Columbia shall, 30 days after he completes 35 years of service
computed under section 3853 of this title, or on the fifth anniversary
of the date of his appointment to that grade, whichever is later --
(1) be transferred to the Retired Reserve, if he is qualified and
applies therefor; or
(2) if he is not qualified or does not apply therefor, be discharged
from his reserve appointment.
(b) Notwithstanding subsection (a), an officer in the reserve grade
of major general who would otherwise be removed from an active status
under this section may, in the discretion of the Secretary of the Army,
be retained in an active status, but not later than the date on which he
becomes 62 years of age. Not more than 10 officers may be retained
under this subsection at any one time.
(Added Pub. L. 85-861, 1(94), Sept. 2, 1958, 72 Stat. 1486, and
amended Pub. L. 86-559, 1(29), June 30, 1960, 74 Stat. 272; Pub. L.
99-145, title V, 523, title XIII, 1303(a)(20)(B), Nov. 8, 1985, 99 Stat.
632, 739; Pub. L. 100-456, div. A, title XII, 1234(a)(1), Sept. 29,
1988, 102 Stat. 2059.)
The words ''After July 1, 1960'' are substituted for 50:1264(e). The
words ''who is not removed from an active status at an earlier date
under other provisions of law'', in 50:1264(a), are omitted as covered
by the words ''in an active status''.
1988 -- Subsec. (a). Pub. L. 100-456 struck out ''the Canal Zone,''
after ''Puerto Rico,''.
1985 -- Subsec. (a). Pub. L. 99-145, 1303(a)(20)(B), substituted
''Each'' for ''After July 1, 1960, each''.
Pub. L. 99-145, 523(1), designated existing provisions as subsec.
(a).
Subsec. (b). Pub. L. 99-145, 523(2), added subsec. (b).
1960 -- Pub. L. 86-559 substituted ''in the reserve grade of major
general who is not a member of the Retired Reserve or the adjutant
general or assistant adjutant general of a State or Territory, Puerto
Rico, the Canal Zone, or the District of Columbia'' for ''in an active
status in the reserve grade of major general''.
Adjutants general and assistant adjutants general, reference as
applicable to other officers of National Guard, see section 281 of this
title.
Retention of reserve officers after completing 18 or more, but less
than 20, years of service, see section 1006 of this title.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 3853. Computation of years of service
TITLE 10 -- ARMED FORCES
For the purpose of determining whether a reserve commissioned officer
may be transferred to the Retired Reserve, or discharged, under this
chapter, his years of service are the greater of --
(1) the sum of (A) his years of service as a commissioned officer of
any component of the armed forces or of the Army without specification
of component, and (B) his years of service before June 15, 1933, as a
commissioned officer in the federally recognized National Guard or in a
federally recognized commissioned status in the National Guard, and in
the National Guard after June 14, 1933, if his service therein was
continuous from the date of his Federal recognition as an officer
therein to the date of his appointment in the National Guard of the
United States; and
(2) the number of years by which his age exceeds 25 years.
No service may be counted more than once.
(Added Pub. L. 85-861, 1(94), Sept. 2, 1958, 72 Stat. 1486, and
amended Pub. L. 86-559, 1(30), June 30, 1960, 74 Stat. 273; Pub. L.
86-651, title I, 115, Sept. 7, 1962, 76 Stat. 513; Pub. L. 96-513,
title V, 512(9), Dec. 12, 1980, 94 Stat. 2929; Pub. L. 98-94, title X,
1016(a), Sept. 24, 1983, 97 Stat. 668.)
For termination of amendment by section 1016(d) of Pub. L. 98-94,
see Effective and Termination Dates of 1983 Amendment note below.
The introductory clause is inserted to confine the applicability of
the formula set forth in the revised subsection to those revised
sections which are based on sections of the source statute containing
the words ''total years of service''.
The change corrects a typographical error.
1983 -- Pub. L. 98-94 temporarily amended cl. (1) by inserting
''and'' at end of subcl. (A) and striking out '', and (C) the years of
service credited to him under section 3353 of this title or section 22
of Public Law 85-861'' following subcl. (B), and struck out last
sentence which provided that for a person credited with service under
section 3353 of this title or section 22 of Public Law 85-861, no
service before appointment could be counted. See Effective and
Termination Dates of 1983 Amendment note below.
1980 -- Pub. L. 96-513 substituted ''Public Law 85-861'' for ''the
Act enacting this section'' in two places.
1962 -- Pub. L. 87-651 substituted ''section 22 of the Act'' for
''section 23 of the Act'' in cl. (1).
1960 -- Pub. L. 86-559 included within cl. (1)(B) the years of
service in the National Guard after June 14, 1933, if the officer's
service therein was continuous from the date of his Federal recognition
as an officer therein to the date of his appointment in the National
Guard of the United States.
Amendment by Pub. L. 98-94 effective for the period beginning Oct.
1, 1983, and ending Sept. 30, 1992, see section 1016(d) of Pub. L.
98-94, as amended, set out as a note under section 3360 of this title.
Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of
this title.
Section 5 of Pub. L. 86-559 provided that: ''Notwithstanding any
other provision of law except section 1001 of title 10, United States
Code, the discharge or transfer to the Retired Reserve (because of his
length of service) of any reserve officer of the Army who --
''(1) was originally appointed as a reserve officer before September
3, 1954;
''(2) upon completing the number of years of service, computed under
section 3853(2) of title 10, at which his discharge or transfer to the
Retired Reserve would otherwise be required, has not, because of
hardship or circumstances beyond his control, completed 20 years of
service computed under section 1332 of title 10, but who could complete
that amount of service before becoming 60 years of age; and
''(3) has remained in an active status since September 3, 1954;
may be deferred until he completes that amount of service if he can
complete it before he becomes 60 years of age.''
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 3854. Regulations
TITLE 10 -- ARMED FORCES
The Secretary of the Army shall prescribe regulations to carry out
this chapter.
(Added Pub. L. 85-861, 1(94), Sept. 2, 1958, 72 Stat. 1486.)
The words ''not inconsistent with the provisons hereof'' are omitted
as surplusage.
Suspension of operation of provisions of this section in time of war
or national emergency, see section 123 of this title.
10 USC 3855. Retention in active status of certain officers
TITLE 10 -- ARMED FORCES
(a) Notwithstanding any other section of this chapter except section
3846, the Secretary of the Army may, with the officer's consent, retain
in an active status any reserve officer in the Medical Corps, Dental
Corps, Veterinary Corps, the Medical Service Corps (if the officer has
been designated as an allied health officer or biomedical sciences
officer in that Corps), the Chaplains, the Army Nurse Corps, or the Army
Medical Specialist Corps.
(b) An officer may be retained in an active status under the
authority of this section only to fill a mission-based requirement.
(c)(1) Except as provided in paragraph (2), an officer may not be
retained in an active status under this section later than the date on
which the officer becomes 68 years of age (or, in the case of an officer
in the Chaplains, 60 years of age).
(2) The Secretary of the Army may retain an officer (other than an
officer in the Chaplains) in an active status under this section after
the date on which the officer becomes 68 years of age if the Secretary
determines that continued retention is necessary for the needs of the
Army.
(d) Subsection (a)(1) of section 324 of title 32 shall not apply to
an officer during any period in which the officer is retained in an
active status under this section.
(Added Pub. L. 86-559, 1(31), June 30, 1960, 74 Stat. 273, and
amended Pub. L. 96-107, title IV, 403(a), Nov. 9, 1979, 93 Stat. 808;
Pub. L. 96-513, title II, 215(a), Dec. 12, 1980, 94 Stat. 2885; Pub.
L. 100-180, div. A, title VII, 717(a), (d)(1