
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC3039]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                          PART I--ORGANIZATION
 
                       CHAPTER 305--THE ARMY STAFF
 
Sec. 3039. Deputy and assistant chiefs of branches

    (a) Each officer named in section 3036 of this title shall have, in 
addition to the assistants prescribed by subsections (b) and (c) and by 
section 3037 of this title, such deputies and assistants as the 
Secretary of the Army may prescribe. Each such deputy and assistant 
shall be an officer detailed by the Secretary to that position from the 
officers of the Army for a tour of duty of not more than four years, 
under a procedure prescribed by the Secretary similar to that prescribed 
in section 3036 of this title.
    (b) There is an Assistant Surgeon General appointed from the 
officers of the Dental Corps, as prescribed in section 3036 of this 
title. The Assistant Surgeon General is Chief of the Dental Corps and is 
responsible for making recommendations to the Surgeon General and 
through the Surgeon General to the Chief of Staff on all matters 
concerning dentistry and the dental health of the Army. An appointee who 
holds a lower regular grade shall be appointed in the regular grade of 
major general.
    (c) There are two assistants to the Chief of Engineers appointed as 
prescribed in section 3036 of this title. An appointee who holds a lower 
regular grade shall be appointed in the regular grade of brigadier 
general.

(Aug. 10, 1956, ch. 1041, 70A Stat. 165, Sec. 3040; Pub. L. 95-485, 
title VIII, Sec. 805(a), Oct. 20, 1978, 92 Stat. 1621; renumbered 
Sec. 3039 and amended Pub. L. 99-433, title V, Sec. 502(f)(2), Oct. 1, 
1986, 100 Stat. 1042.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3040(a)...............................  10:21h(a).                           Ju
ne 28, 1950, ch. 383, Sec.  208
3040(b)...............................  10:21h(b).                            (
less (c)), 64 Stat. 268.
3040(c)...............................  10:181 (18th through 25th words).    Ju
ne 3, 1916, ch. 134, Sec.  11
                                        10:181a (14th through 30th words).    (
18th through 25th words);
                                                                              r
estated June 4, 1920, ch. 227,
                                                                              s
ubch. I, Sec.  11 (18th through
                                                                              2
5th words), 41 Stat. 768.
                                        ...................................  Ju
ne 26, 1936, ch. 839 (16th
                                                                              t
hrough 31st words), 49 Stat.
                                                                              1
974.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``in addition to the assistants 
prescribed by subsections (b) and (c) and section 3037 of this title'' 
are substituted for the words ``Except as prescribed in subsections (b) 
and (c) of this section''. The words ``selected and'', ``which procedure 
shall be'', and 10:21h(a) (last 21 words) are omitted as surplusage.
    In subsection (b), the words ``appointed from the officers of the 
Dental Corps'' are substituted for the words ``who shall be an officer 
of the Dental Corps, and who shall be selected and appointed''. The last 
sentence is substituted for the words ``with the rank of major 
general''.
    Subsection (c) is based on section 11 of the National Defense Act, 
as amended by the Act of June 26, 1936, ch. 839, 49 Stat. 1974 (10:181 
and 181a), which provides for two assistants to the Chief of Engineers 
with the rank of brigadier general, and as impliedly amended by section 
513(a) and 513(b) of the Officer Personnel Act of 1947 (10:559g), which 
provides the method of selection of assistant chiefs of branches, and 
prescribes that assistant chiefs be promoted to the grade held as such 
in the Regular Army if they hold a lower grade in the Regular Army. 
Section 404(f) of the Army Organization Act of 1950, 64 Stat. 274, 
exempts these two positions from the operation of section 208(a) of that 
act (10:21h(a)).


                            Prior Provisions

    A prior section 3039, act Aug. 10, 1956, ch. 1041, 70A Stat. 164, 
related to Inspector General and Provost Marshal General, prior to 
repeal by Pub. L. 99-433, Sec. 502(f)(1). See section 3020 of this 
title.


                               Amendments

    1986--Pub. L. 99-433 renumbered section 3040 of this title as this 
section and substituted ``section 3036'' for ``sections 3036 and 3039'' 
in subsec. (a).
    1978--Subsec. (b). Pub. L. 95-485 inserted provision establishing 
the Assistant Surgeon General as Chief of the Dental Corps and making 
him responsible for recommendations to the Surgeon General and through 
the Surgeon General to the Chief of Staff on all matters concerning 
dentistry and dental health of the Army.

                  Section Referred to in Other Sections

    This section is referred to in section 3081 of this title.
