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Title 10 — Armed Forces

Part II · Chapter 725 — Rank and Command

§ 7229. Command: commissioned officers of Army Medical Department

Statutory text

(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.

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. 206, § 3579 · 70A Stat. 206

    Enacted · 10 U.S.C. § 7229

    Aug. 10, 1956, ch. 1041, 70A Stat. 206, § 3579

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 206, § 3579

  2. Pub. L. 85–861 § 1(60) · 72 Stat. 1437

    Substituted · 10 U.S.C. § 7229(a)

    Pub. L. 85–861, § 1(60), substituted “Army Medical Specialist Corps” for “Women’s Medical Specialist Corps”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 85–861, § 1(60), substituted “Army Medical Specialist Corps” for “Women’s Medical Specialist Corps”.

    Enacted provision · exact public law section
    (1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”

  3. Pub. L. 85–861 § 1(60) · 72 Stat. 1437

    1. Substituted · 10 U.S.C. § 7229(b)

      Pub. L. 85–861, § 1(60), (87), substituted “Army Medical Specialist Corps” for “Women’s Medical Specialist Corps” “her”

    2. Substituted · 10 U.S.C. § 7229(b)

      Pub. L. 85–861, § 1(60), (87), substituted “his” for “her own” “her”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”

  4. Pub. L. 87–142 § 1(1) · 75 Stat. 364

    Substituted · 10 U.S.C. § 7229(a)

    Pub. L. 87–142, § 1(1), substituted “Except as provided in subsection (c), a” for “A”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 87–142, § 1(1), substituted “Except as provided in subsection (c), a” for “A”.

    Enacted provision · exact public law section
    (1) by striking the word “A” at the beginning of subsection (a) and inserting the words “Except as provided in subsection (c), a” in place thereof; and

  5. Pub. L. 87–142 § 1(2) · 75 Stat. 364

    Added · 10 U.S.C. § 7229(c)

    Pub. L. 87–142, § 1(2), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 87–142, § 1(2), added subsec. (c).

    Enacted provision · exact public law section
    (1) by striking the word “A” at the beginning of subsection (a) and inserting the words “Except as provided in subsection (c), a” in place thereof; and

  6. Pub. L. 90–329 · 82 Stat. 170

    Substituted · 10 U.S.C. § 7229

    Pub. L. 90–329 substituted “Army Medical Department” for “Army Medical Service” in section catchline and in subsecs. (a) and (c)

    Source evidence

    Code amendment note
    Pub. L. 90–329 substituted “Army Medical Department” for “Army Medical Service” in section catchline and in subsecs. (a) and (c).

  7. Defense Officer Personnel Management Act

    Pub. L. 96–513 § 212(a)(1) · 94 Stat. 2835

    Struck · 10 U.S.C. § 7229(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (1) by striking out “, other than an officer of the Army Nurse Corps or Army Medical Specialist Corps,” in subsection (a);

  8. Defense Officer Personnel Management Act

    Pub. L. 96–513 § 212(a)(2) · 94 Stat. 2835

    1. Redesignated · 10 U.S.C. § 7229(b); 10 U.S.C. § 7229(c)

      Pub. L. 96–513, § 212(a)(2), (3), redesignated subsec. (c) as (b)

    2. Struck · 10 U.S.C. § 7229(b); 10 U.S.C. § 7229(c)

      Pub. L. 96–513, § 212(a)(2), (3), 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (2) by striking out subsection (b); and

  9. Department of Defense Authorization Act, 1985

    Pub. L. 98–525 title XIV § 1405(46) · 98 Stat. 2492

    Substituted · 10 U.S.C. § 7229(a)

    Pub. L. 98–525 substituted “subsection (b)” for “subsection (c)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–525 substituted “subsection (b)” for “subsection (c)”.

    Enacted provision · exact public law section
    (46) Section 3579(a) is amended by striking out “subsection (c)” and inserting in lieu thereof “subsection (b)”.

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

    Pub. L. 115–232 div. A title VIII § 808(b)(7) · 132 Stat. 1636

    Changed · 10 U.S.C. § 7229

    Pub. L. 115–232 renumbered section 3579 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 115–232 renumbered section 3579 of this title as this section.

    Enacted provision · exact public law section
    (7) Chapter 345.— Sections 3572, 3575, 3579, 3581, and 3583 are redesignated as sections 7222, 7225, 7229, 7231, and 7233, respectively.

    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.

10 of 12 references resolved to an enrolled provision · 2 partial

Notes

historicalAndRevision
Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3579(a)10:82.R.S. 1169.
3579(b)10:166e (less 1st sentence).Apr. 16, 1947, ch. 38, § 106 (less 1st sentence), 61 Stat. 44.

In subsection (a), the word “commissioned” is inserted for clarity. The words “Except as provided in section 94 of this title”, not contained in section 1169 of the Revised Statutes, but contained in 10:94, are omitted as surplusage, since 10:94 deals exclusively with assignments. The words “except within the Army Medical Service” are substituted for the words “in the line or in other staff corps”. Officers of the Army Nurse Corps and Women’s Medical Specialist Corps are not covered by subsection (a), since their command authority is specifically stated in subsection (b).

In subsection (b), 10:166e (last 22 words of 1st sentence) is omitted as superseded by sections 3012(e) and 3065 of this title. The words “may exercise command only” are substituted for the words “shall not be entitled * * * to command except”. The words “by virtue of their rank” and “by competent authority” are omitted as surplusage.

historicalAndRevision
1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3579(a)10 App.:376(b).Aug. 9, 1955, ch. 654, § 2, 69 Stat. 579.

The amendment of subsec. (b) also reflects the authority contained in section 3357 of this title to appoint males as reserve officers of the Corps concerned.

Editorial Notes

Prior Provisions

A prior section 7229 was renumbered section 8629 of this title.

A prior section 7230, added Pub. L. 85–43, § 1(1), , 71 Stat. 44; amended Pub. L. 87–651, title I, § 125, , 76 Stat. 514, related to sale of degaussing equipment, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 824(a)(4), , 107 Stat. 1707.

Amendments1958–2018 · 6 rounds

2018

Pub. L. 115–232 renumbered section 3579 of this title as this section.

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”.

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 · 7 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 206, § 3579
  2. 1958Pub. L. 85–861, § 1(60), (87), , 72 Stat. 1462, 1482
  3. 1961Pub. L. 87–142, , 75 Stat. 364
  4. 1968Pub. L. 90–329, , 82 Stat. 170
  5. 1980Pub. L. 96–513, title II, § 212(a), , 94 Stat. 2885
  6. 1984Pub. L. 98–525, title XIV, § 1405(46), , 98 Stat. 2625
  7. 2018renumbered § 7229, Pub. L. 115–232, div. A, title VIII, § 808(b)(7), , 132 Stat. 1838.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 206, § 3579; Pub. L. 85–861, § 1(60), (87), , 72 Stat. 1462, 1482; Pub. L. 87–142, , 75 Stat. 364; Pub. L. 90–329, , 82 Stat. 170; Pub. L. 96–513, title II, § 212(a), , 94 Stat. 2885; Pub. L. 98–525, title XIV, § 1405(46), , 98 Stat. 2625; renumbered § 7229, Pub. L. 115–232, div. A, title VIII, § 808(b)(7), , 132 Stat. 1838.)

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