
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: 10USC3070]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                          PART I--ORGANIZATION
 
                          CHAPTER 307--THE ARMY
 
Sec. 3070. Army Medical Specialist Corps: organization; Chief 
        and assistant chiefs
        
    (a) The Army Medical Specialist Corps consists of the Chief and 
assistant chiefs of that corps, other officers in grades prescribed by 
the Secretary of the Army, and the following sections:
        (1) The Dietitian Section.
        (2) The Physical Therapist Section.
        (3) The Occupational Therapist Section.
        (4) The Physician Assistant Section.
        (5) The Chiropractic Section.

    (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 
captain and who are recommended by the Surgeon General. The Chief serves 
during the pleasure of the Secretary, but not for more than four years, 
and may not be reappointed.
    (c) The Surgeon General shall appoint up to five assistant chiefs 
from officers of the Regular Army in that corps whose regular grade is 
above captain. Each assistant chief is the chief of a section of that 
corps. An 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.
    (d) Chiropractors who are qualified under regulations prescribed by 
the Secretary of the Army may be appointed as commissioned officers in 
the Chiropractic Section of the Army Medical Specialist Corps.

(Aug. 10, 1956, ch. 1041, 70A Stat. 169; Pub. L. 85-155, title I, 
Sec. 101(2), Aug. 21, 1957, 71 Stat. 375; Pub. L. 87-649, Sec. 6(b)(2), 
(3), Sept. 7, 1962, 76 Stat. 494; Pub. L. 89-609, Sec. 1(2), (3), Sept. 
30, 1966, 80 Stat. 852; Pub. L. 90-130, Sec. 1(8)(B), Nov. 8, 1967, 81 
Stat. 374; Pub. L. 102-190, div. A, title V, Sec. 551(a), Dec. 5, 1991, 
105 Stat. 1370; Pub. L. 102-484, div. A, title V, Sec. 505(a), Oct. 23, 
1992, 106 Stat. 2404.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3070(a)...............................  10:81-1 (9th through 14th words of   Ju
ne 28, 1950, ch. 383, Sec.  307
                                         last sentence).                      (
9th through 14th words of last
                                        10:166a(a) (less 2d sentence; and     s
entence), 64 Stat. 270.
                                         less last sentence, as applicable   Ap
r. 16, 1947, ch. 38, Secs.
                                         to strength).                        1
02(a) (less 2d sentence; and less
                                                                              l
ast sentence, as applicable to
                                                                              s
trength), 102(b), 61 Stat. 42.
3070(b)...............................  10:166a(b).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), 10:166a(a) (1st 20 words of 1st sentence) is 
omitted as superseded by section 3067 of this title, which establishes 
the Women's Medical Specialist Corps in the Army Medical Service. 
10:166a(a) (last 16 words of 1st sentence) is omitted as superseded by 
section 3012(e) of this title, which authorizes the Secretary of the 
Army to prescribe the duties of members of the Army.
    In subsection (b), the words ``officers of the Regular Army in that 
corps'' are substituted for the words ``officers permanently 
commissioned in such Women's Medical Specialist Corps''. The words 
``vacating her regular grade'' are substituted for the words ``vacation 
of her permanent grade''.


                               Amendments

    1992--Subsec. (a)(5). Pub. L. 102-484, Sec. 505(a)(1), added par. 
(5).
    Subsec. (c). Pub. L. 102-484, Sec. 505(a)(2), substituted ``up to 
five assistant chiefs'' for ``four assistant chiefs''.
    Subsec. (d). Pub. L. 102-484, Sec. 505(a)(3), added subsec. (d).
    1991--Subsec. (a). Pub. L. 102-190, Sec. 551(a)(1), (2), substituted 
``sections:'' for ``sections--'', substituted ``The'' for ``the'' and a 
period for the concluding semicolon in par. (1), substituted ``The'' for 
``the'' and a period for ``; and'' in par. (2), substituted ``The'' for 
``the'' in par. (3), and added par. (4).
    Subsec. (c). Pub. L. 102-190, Sec. 551(a)(3), substituted ``four 
assistant chiefs'' for ``three assistant chiefs'' in first sentence.
    1967--Subsec. (a). Pub. L. 90-130 removed limitation restricting 
membership in the Corps to officers in grades of second lieutenant 
through colonel and inserted provisions authorizing the Secretary of the 
Army to prescribe the grades of officers comprising the Corps.
    Subsec. (b). Pub. L. 90-130 struck out provision entitling the Chief 
to the temporary grade of colonel while serving, ranking above all other 
colonels in the Corps.
    Subsec. (c). Pub. L. 90-130 struck out provisions entitling each 
assistant chief to the temporary grade of lieutenant colonel while so 
serving, ranking above all other lieutenant colonels in the section.
    1966--Subsec. (b). Pub. L. 89-609, Sec. 1(2), combined second and 
third sentences, substituting ``, and'' for period at end of second 
sentence and introductory word ``She'' to third sentence, and 
substituted ``the regular grade held, the Chief'' for ``her regular 
grade, she'' in fourth sentence.
    Subsec. (c). Pub. L. 89-609, Sec. 1(3), combined second and third 
sentences, substituting ``, and'' for period at end of second sentence 
and introductory word ``She'' to third sentence, substituted ``An 
assistant chief'' for ``She'' in fourth sentence, and in fifth sentence 
substituted ``the regular grade held'' and ``in the section'' for ``her 
regular grade'' and ``in her section'', respectively, and struck out 
``and the pay and allowances'' before ``of a lieutenant colonel''.
    1962--Subsec. (b). Pub. L. 87-649, Sec. 6(b)(2), struck out 
provisions which authorized the pay and allowances of a colonel for 
Chief of the Army Medical Specialist Corps.
    Subsec. (c). Pub. L. 87-649, Sec. 6(b)(3), struck out provisions 
which authorized the pay and allowances of a lieutenant colonel for each 
assistant chief of the Army Medical Specialist Corps.
    1957--Pub. L. 85-155 substituted ``Army Medical Specialist Corps'' 
for ``Women's Medical Specialist Corps'' in section catchline.
    Subsec. (a). Pub. L. 85-155 substituted ``Army Medical Specialist 
Corps'' for ``Women's Medical Specialist Corps'' and ``colonel'' for 
``major''.
    Subsec. (b). Pub. L. 85-155 struck out provisions which related to 
assistant chiefs which are now covered by subsec. (c) of this section, 
substituted ``Army Medical Specialist Corps'' for ``Women's Medical 
Specialist Corps'', required the chief to be above the regular grade of 
captain, prohibited service for more than four years and reappointment, 
and provided that the chief shall rank above all other colonels in the 
corps.
    Subsec. (c). Pub. L. 85-155 added subsec. (c). Former provisions 
which related to assistant chiefs were contained in subsec. (b) of this 
section.


                    Effective Date of 1962 Amendment

    Amendment by Pub. L. 87-649 effective on 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.


                               Regulations

    Section 505(d) of Pub. L. 102-484 provided that: ``The regulations 
required to be prescribed by the amendments made by this section 
[enacting section 5139 of this title and amending this section and 
section 8067 of this title] shall be prescribed not later than 180 days 
after the date of the enactment of this Act [Oct. 23, 1992].''


                     Appointment of Assistant Chief

    Section 551(b) of Pub. L. 102-190 provided that: ``Notwithstanding 
the requirement in subsection (c) of section 3070 of title 10, United 
States Code, as amended by subsection (a), with respect to the 
appointment of officers of the Regular Army as chiefs of sections of the 
Army Medical Specialist Corps, a warrant officer of the Army who is 
appointed as a reserve commissioned officer and assigned to the Army 
Medical Specialist Corps for service in the Physician Assistant Section 
of that Corps during the five-year period beginning on the date of the 
enactment of this Act [Dec. 5, 1991] may be appointed as an assistant 
chief of that Corps and chief of the Physician Assistant Section.''


      Retirement of Officers Serving in Physician Assistant Section

    Section 551(c) of Pub. L. 102-190 provided that: ``A member of the 
Army who on the date of the enactment of this Act [Dec. 5, 1991] is a 
warrant officer serving on active duty (other than for training) as a 
physician assistant and who is subsequently appointed as a commissioned 
officer in, or is assigned to, the Physician Assistant Section of the 
Army Medical Specialist Corps may elect at the time of the officer's 
retirement after 20 years or more of active service that could be 
credited to the officer under section 511 of the Career Compensation Act 
of 1949, as amended [act Oct. 12, 1949, ch. 681, title V, Sec. 511, 63 
Stat. 829, as amended, set out as a note under section 580 of this 
title]--
        ``(1) to revert to the highest warrant officer grade in which 
    the officer served on active duty (other than for training) 
    satisfactorily (as determined by the Secretary of the Army) for a 
    period of more than 30 days; and
        ``(2) to be retired under chapter 65 of title 10, United States 
    Code.''


 Constructive Credit for Determination of Grade and Rank of Officers in 
                      Army Medical Specialist Corps

    Section 551(d) of Pub. L. 102-190 provided that:
    ``(1) For the purpose of determining the grade and rank within grade 
of a person who is appointed as a commissioned officer in the Army 
Medical Specialist Corps for service in the Physician Assistant Section, 
or who is assigned to the Army Medical Specialist Corps for service as a 
physician assistant, and who on the date of the enactment of this Act 
[Dec. 5, 1991] is a warrant officer and a physician assistant on active 
duty or in an active reserve status, the Secretary of the Army shall 
credit that person at the time of such appointment with any service on 
active duty, or in an active reserve status, as a physician assistant 
performed as a member of the Armed Forces before that appointment.
    ``(2) The Secretary of Defense shall prescribe regulations to carry 
out this subsection.''


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

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