10 U.S. Code § 8579 - Command: commissioned officers in certain designated categories

An officer designated as a medical, dental, veterinary, medical service, or biomedical sciences officer or as a nurse is not entitled to exercise command because of rank, except within the categories prescribed in subsection (a), (b), (c), (d), (e), (f), or (i) ofsection 8067 of this title, or over persons placed under his charge.

Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 531; Pub. L. 85–861, § 1(156), (185),Sept. 2, 1958, 72 Stat. 1513, 1533; Pub. L. 96–513, title II, § 212(b),Dec. 12, 1980, 94 Stat. 2885.)

Historical and Revision Notes 1956 Act
Revised section Source (U.S. Code) Source (Statutes at Large)
8579(a) 10:82. R.S. 1169.
8579(b) 10:166e (less 1st sentence). Apr. 16, 1947, ch. 38, § 106 (less 1st sentence), 61 Stat. 44.

In subsection (a), the words “Except as provided in section 94 of this title”, not contained in section 1169 of the Revised Statutes, but contained in the United States Code, are omitted as surplusage, since 10:94 deals exclusively with assignments. The words “except within the categories prescribed in section 8067 (a)–(d) of this title” are substituted for the words “in the line or in other staff corps”. Air Force nurses and women medical specialists are not covered by subsection (a), since their command authority is specifically stated in subsection (b).
In subsection (b), the words “may exercise command only” are substituted for the words “shall not be entitled * * * to command except”. The words “by virtue of their rank” and “by competent authority” are omitted as surplusage. 10:166(e) (last 22 words of last sentence) is omitted as superseded by section 8012 (e) of this title.

1958 Act
Revised section Source (U.S. Code) Source (Statutes at Large)
8579(b) 10 App.:166b–3. Aug. 9, 1955, ch. 654, § 1, 69 Stat. 579.

This amendment reflects the authority contained in section 8067 (e) and (f) of this title to appoint male reserve officers with a view to designation as Air Force nurses or medical specialists.
Amendments

1980—Pub. L. 96–513substituted provision prohibiting an officer designated as a medical, dental, veterinary, medical service, or biomedical sciences officer or as a nurse from exercising command because of rank, except within the categories prescribed in section 8067 (a) to (f) or (i) of this title, or over persons placed under his charge for provision prohibiting an officer designated as a medical, dental, veterinary, or medical service officer from exercising command because of rank, except within categories prescribed in section 8067 (a) to (d) of this title, and authorizing an Air Force nurse or medical specialist to exercise command only within his category, or over persons placed under his charge.
1958—Subsec. (b). Pub. L. 85–861struck out “woman” before “medical specialist”, and substituted “his” for “her” in two places.
Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513effective on Dec. 12, 1980, see section 701 ofPub. L. 96–513, set out as a note under section 101 of this title.

 

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