
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC3069]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                          PART I--ORGANIZATION
 
                          CHAPTER 307--THE ARMY
 
Sec. 3069. Army Nurse Corps: composition; Chief and assistant 
        chief; appointment; grade
        
    (a) The Army Nurse Corps consists of the Chief and assistant chief 
of that corps and other officers in grades prescribed by the Secretary 
of the Army.
    (b) The Secretary of the Army shall appoint the Chief from the 
officers of the Regular Army in that corps whose regular grade is above 
lieutenant colonel and who are recommended by the Surgeon General. An 
appointee who holds a lower regular grade shall be appointed in the 
regular grade of brigadier general. The Chief serves during the pleasure 
of the Secretary, but not for more than four years, and may not be 
reappointed to the same position.
    (c) The Surgeon General shall appoint the assistant chief from the 
officers of the Regular Army in that corps whose regular grade is above 
lieutenant colonel. The assistant chief serves during the pleasure of 
the Surgeon General, but not for more than four years and may not be 
reappointed to the same position.

(Aug. 10, 1956, ch. 1041, 70A Stat. 168; Pub. L. 85-155, title I, 
Sec. 101(1), Aug. 21, 1957, 71 Stat. 375; Pub. L. 87-649, Sec. 6(b)(1), 
Sept. 7, 1962, 76 Stat. 494; Pub. L. 89-609, Sec. 1(1), Sept. 30, 1966, 
80 Stat. 852; Pub. L. 90-130, Sec. 1(8)(A), Nov. 8, 1967, 81 Stat. 374; 
Pub. L. 104-201, div. A, title V, Sec. 502(a), Sept. 23, 1996, 110 Stat. 
2511.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3069..................................  10:81-1 (5th through 8th words of    Ju
ne 28, 1950, ch. 383, Sec.  307
                                         last sentence).                      (
5th through 8th words of last
                                        10:166(a) (words of last sentence     s
entence), 64 Stat. 270.
                                         before proviso).                    Ap
r. 16, 1947, ch. 38 Secs.  101(a)
                                        10:166(b).                            (
words of last sentence before
                                                                              p
roviso), 101(b), 61 Stat. 41.
-------------------------------------------------------------------------------
---------------------------------

    The words ``officers of the Regular Army in that corps'' are 
substituted for the words ``officers permanently commissioned in such 
Army Nurse Corps''. The words ``but not for more than'' are substituted 
for the words ``for a term not to exceed'', in 10:166(a). The words 
``vacating her regular grade'' are substituted for the words ``vacation 
of her permanent grade''.


                               Amendments

    1996--Pub. L. 104-201, Sec. 502(a)(3), inserted ``; grade'' at end 
of section catchline.
    Subsec. (b). Pub. L. 104-201, Sec. 502(a)(1), substituted 
``lieutenant colonel'' for ``major'' in first sentence, inserted ``An 
appointee who holds a lower regular grade shall be appointed in the 
regular grade of brigadier general.'' after first sentence, and inserted 
``to the same position'' before period at end of last sentence.
    Subsec. (c). Pub. L. 104-201, Sec. 502(a)(2), substituted 
``lieutenant colonel'' for ``major''.
    1967--Pub. L. 90-130 divided existing provisions into subsecs. (a), 
(b), and (c), made minor changes in phraseology, inserted provision for 
the appointment and service of an assistant chief, struck out limitation 
restricting membership in the Corps to grades of second lieutenant 
through colonel, and struck out provision entitling the Chief to the 
temporary grade of colonel while serving as Chief.
    1966--Pub. L. 89-609 combined third and fourth sentences, 
substituting ``, and'' for period at end of third sentence and 
introductory word ``She'' to fourth sentence, and substituted ``the 
regular grade held, the Chief'' for ``her regular grade, she'' in fifth 
sentence.
    1962--Pub. L. 87-649 struck out provisions which authorized the pay 
and allowances of a colonel for Chief of the Army Nurse Corps.
    1957--Pub. L. 85-155 substituted ``second lieutenant through 
colonel'' for ``second lieutenant through lieutenant colonel'', 
``major'' for ``captain'', and ``entitled to the temporary grade and the 
pay and allowances of a colonel while so serving and ranks above all 
other colonels in that corps'' for ``entitled to the rank, pay and 
allowances of a colonel so serving''.


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-649 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.


                               Short Title

    Section 105 of title I of Pub. L. 85-155 provided that: ``This title 
[amending this section and sections 3070, 3206, 3207, 3288, 3291, 3296 
to 3299, 3304, 3305, 3888, 3915, 3916, 3927, and 3991 of this title] may 
be cited as the `Army Nurse and Medical Specialist Act of 1957'.''


                            Savings Provision

    Section 104 of Pub. L. 85-155 provided that:
    ``(a) This Act [amending this section and sections 3070, 3206, 3207, 
3288, 3291, 3296 to 3299, 3304, 3305, 3888, 3915, 3916, 3927, 3991, 
5140, 5444, 5449, 5702, 5707, 5708, 5753, 5762, 5773, 5775, 5776, 5782, 
6377 to 6379, 6381, 6388, 6395, 6396, 8206, 8207, 8212, 8285 to 8288, 
8297, 8298 to 8301, 8303, 8305, 8888, 8915, 8927 and 8991 of this title, 
and repealing sections 3881, 3882, 3887, 3912, 3928, 8291, 8304, 8881, 
8882, 8887, 8912 and 8928 of this title] does not affect the appointment 
of an officer of the Army Nurse Corps, Regular Army, or the Army Medical 
Specialist Corps, Regular Army, on the active list on the effective date 
of this Act [Aug. 21, 1957].
    ``(b) This Act does not affect the retired status or retired pay of 
a person retired under section 108, Army-Navy Nurses Act of 1947, as 
amended, or any other law.
    ``(c) An officer of the Army Nurse Corps, Regular Army, or the Army 
Medical Specialist Corps, Regular Army, on the active list on the 
effective date of this Act [Aug. 21, 1957] does not lose any years of 
service creditable to her on that date for promotion, computation of 
basic pay, or other purposes, by the enactment of this Act.
    ``(d) Notwithstanding any other provision of law, an officer of the 
Army Nurse Corps, Regular Army, or the Army Medical Specialist Corps, 
Regular Army, who is on a recommended list for promotion to a higher 
regular grade on the effective date of this Act [Aug. 21, 1957] may, if 
nominated by the President and confirmed by the Senate, be promoted to 
that grade.
    ``(e) Notwithstanding any other provision of law, an officer of the 
Army Nurse Corps, Regular Army, or the Army Medical Specialist Corps, 
Regular Army, who, on the effective date of this Act [Aug. 21, 1957], 
has been nominated by the President and confirmed by the Senate for 
appointment to any regular grade, may be appointed in that grade.''


  Authority To Suspend Mandatory Retirement, Discharge, Separation, or 
                       Transfer From Active Status

    Section 4(a) of Pub. L. 90-130 authorized the Secretary of the Army 
to suspend the operation of any provision of law relating to the 
mandatory retirement, discharge, separation, or transfer from an active 
status of an officer of the Army Nurse Corps, Army Medical Specialist 
Corps, or Woman's Army Corps for a period of five years following Nov. 
8, 1967.


   Authority of Military Department Secretaries To Convene Boards To 
        Recommend Deferment of Retirement or Separation of Nurses

    Section 4(f) of Pub. L. 90-130. Nov. 8, 1967, 81 Stat. 384, 
authorized until July 1, 1972, when the needs of the service required, 
the Secretary of the Army, the Secretary of the Navy, or the Secretary 
of the Air Force to convene annually boards of officers to consider 
officers of the Army Nurse Corps, officers of the Navy Nurse Corps, or 
Air Force nurses, respectively, who otherwise would be required to be 
retired or separated under this Act within the calendar or fiscal year 
in which the board is convened. Upon the recommendation of such a board, 
the Secretary concerned could defer the separation or retirement of such 
an officer for a term of not more than five years, unless recommended 
for further deferment by a subsequent board of officers, and in any case 
not beyond the month following her attaining age sixty or July 1, 1976, 
whichever was earlier.
