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Title 10 — Armed Forces

Part I · Chapter 707 — The Army

§ 7064. Special branches

Statutory text

(a)

The special branches of the Army consist of commissioned officers of the Regular Army appointed therein, other members of the Army assigned thereto by the Secretary of the Army, and the sections prescribed in this chapter. The special branches are—

(1)

each corps of the Army Medical Department;

(2)

the Judge Advocate General’s Corps;

(3)

the Chaplains; and

(4)

such other special branches as may be established by the Secretary of the Army under subsection (b).

(b)

The Secretary of the Army may establish special branches for the Army and may assign commissioned officers (other than officers of the Regular Army) and members to such branches.

(c)

Commissioned officers of the Regular Army may be appointed in a special branch, but the Secretary may not assign any officer of the Regular Army to a special branch.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 167, § 3064 · 70A Stat. 167

    Enacted · 10 U.S.C. § 7064

    Aug. 10, 1956, ch. 1041, 70A Stat. 167, § 3064

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 167, § 3064

  2. Pub. L. 90–329 · 82 Stat. 170

    Substituted · 10 U.S.C. § 7064(a)(1)

    Pub. L. 90–329 substituted “Army Medical Department” for “Army Medical Service”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 90–329 substituted “Army Medical Department” for “Army Medical Service”.

  3. Defense Officer Personnel Management Act

    Pub. L. 96–513 § 231(1) · 94 Stat. 2835

    Added · 10 U.S.C. § 7064(a)(4)

    Pub. L. 96–513, § 231(1), added cl. (4)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 96–513, § 231(1), added cl. (4).

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) by striking out “and” at the end of clause (2); (B) by striking out the period at the end of clause (3) and inserting in lieu thereof and”; and (C) by adding at the end thereof the following new clause: “(4) such other special branches as may be established by the Secretary of the Army under subsection (b).

  4. Defense Officer Personnel Management Act

    Pub. L. 96–513 § 231(2) · 94 Stat. 2835

    1. Added · 10 U.S.C. § 7064(b); 10 U.S.C. § 7064(c)

      Pub. L. 96–513, § 231(2), (3), added subsec. (b)

    2. Redesignated · 10 U.S.C. § 7064(b); 10 U.S.C. § 7064(c)

      Pub. L. 96–513, § 231(2), (3), redesignated former subsec. (b) as (c)

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 96–513, § 231(2), (3), added subsec. (b) and redesignated former subsec. (b) as (c).

    Enacted provision · exact public law section
    (2) by redesignating subsection (b) as subsection (c); and

  5. Defense Officer Personnel Management Act Technical Corrections Act

    Pub. L. 97–22 § 5(a)(1) · 95 Stat. 124

    Substituted · 10 U.S.C. § 7064(b)

    Pub. L. 97–22, § 5(a)(1), substituted “may assign commissioned officers (other than officers of the Regular Army) and members to such branches” for “may appoint commissioned officers in, and may assign members to, such branches”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–22, § 5(a)(1), substituted “may assign commissioned officers (other than officers of the Regular Army) and members to such branches” for “may appoint commissioned officers in, and may assign members to, such branches”.

    Enacted provision · exact public law section
    (1) Subsection (b) of section 3064 of title 10, United States Code (as amended by section 231 of the Act (94 Stat. 2886)), is amended by striking out “may appoint commissioned officers in, and may assign members to,” and inserting in lieu thereof “may assign commissioned officers (other than officers of the Regular Army) and members to”.

  6. Defense Officer Personnel Management Act Technical Corrections Act

    Pub. L. 97–22 § 5(a)(2) · 95 Stat. 124

    Substituted · 10 U.S.C. § 7064(c)

    Pub. L. 97–22, § 5(a)(2), substituted “Commissioned officers of the Regular Army may be appointed in a special branch, but the Secretary” for “The Secretary”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 97–22, § 5(a)(2), substituted “Commissioned officers of the Regular Army may be appointed in a special branch, but the Secretary” for “The Secretary”.

    Enacted provision · exact public law section
    (2) Subsection (c) of such section is amended to read as follows: “(c) Commissioned officers of the Regular Army may be appointed in a special branch, but the Secretary may not assign any officer of the Regular Army to a special branch.”.

  7. John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 808(a) · 132 Stat. 1636

    Changed · 10 U.S.C. § 7064

    Pub. L. 115–232 renumbered section 3064 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 3064 of this title as this section.

    Enacted provision · exact public law section
    (a) Subtitle B, Part I, Section Numbers.— Each section in part I of subtitle B of title 10, United States Code, is redesignated so that the number of the section, as redesignated, is the number equal to the previous number plus 4,000.

    Effective date note
    Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

6 of 8 references resolved to an enrolled provision · 2 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3064(a)10:1g(b) (less words of 1st sentence after semicolon).June 28, 1950, ch. 383, § 306(b), 64 Stat. 269.
3064(b)10:1g(b) (words of 1st sentence after semicolon).

In subsection (a), the words “The special branches of the Army” are substituted for the words “There shall be in the Army certain branches, which shall be known as special branches, and which shall”. The words “authorized by sections 61–1, 81–1, and 231a of this title” are omitted as surplusage. The words “and the sections prescribed in this chapter” are inserted, since some of the corps of the Army Medical Service consist of members and sections. Clauses (1), (2), and (3) are substituted for 10:1g(b) (last sentence).

In subsection (b), the words “who has been appointed and commissioned in some other special branch, or * * * without specification of branch” are omitted as surplusage.

Editorial Notes

Amendments1968–2018 · 4 rounds

2018

Pub. L. 115–232 renumbered section 3064 of this title as this section.

1981

Subsec. (b). Pub. L. 97–22, § 5(a)(1), substituted “may assign commissioned officers (other than officers of the Regular Army) and members to such branches” for “may appoint commissioned officers in, and may assign members to, such branches”.

Subsec. (c). Pub. L. 97–22, § 5(a)(2), substituted “Commissioned officers of the Regular Army may be appointed in a special branch, but the Secretary” for “The Secretary”.

1980

Subsec. (a)(4). Pub. L. 96–513, § 231(1), added cl. (4).

Subsecs. (b), (c). Pub. L. 96–513, § 231(2), (3), added subsec. (b) and redesignated former subsec. (b) as (c).

1968

Subsec. (a)(1). Pub. L. 90–329 substituted “Army Medical Department” for “Army Medical Service”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective , with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective , but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on , see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Credits

1956–2018 · 5 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 167, § 3064
  2. 1968Pub. L. 90–329, , 82 Stat. 170
  3. 1980Pub. L. 96–513, title II, § 231, , 94 Stat. 2886
  4. 1981Pub. L. 97–22, § 5(a), , 95 Stat. 128
  5. 2018renumbered § 7064, Pub. L. 115–232, div. A, title VIII, § 808(a), , 132 Stat. 1838.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 167, § 3064; Pub. L. 90–329, , 82 Stat. 170; Pub. L. 96–513, title II, § 231, , 94 Stat. 2886; Pub. L. 97–22, § 5(a), , 95 Stat. 128; renumbered § 7064, Pub. L. 115–232, div. A, title VIII, § 808(a), , 132 Stat. 1838.)

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