
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: 10USC3579]

 
                         TITLE 10--ARMED FORCES
 
                            Subtitle B--Army
 
                           PART II--PERSONNEL
 
                      CHAPTER 345--RANK AND COMMAND
 
Sec. 3579. Command: commissioned officers of Army Medical 
        Department
        
    (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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 206; Pub. L. 85-861, Sec. 1(60), 
(87), Sept. 2, 1958, 72 Stat. 1462, 1482; Pub. L. 87-142, Aug. 17, 1961, 
75 Stat. 364; Pub. L. 90-329, June 4, 1968, 82 Stat. 170; Pub. L. 96-
513, title II, Sec. 212(a), Dec. 12, 1980, 94 Stat. 2885; Pub. L. 98-
525, title XIV, Sec. 1405(46), Oct. 19, 1984, 98 Stat. 2625.)

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

    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.

                                                    1958 Act
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3579(a)...............................  10 App.:376(b).                      Au
g. 9, 1955, ch. 654, Sec.  2, 69
                                                                              S
tat. 579.
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---------------------------------

    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.


                               Amendments

    1984--Subsec. (a). Pub. L. 98-525 substituted ``subsection (b)'' for 
``subsection (c)''.
    1980--Subsec. (a). Pub. L. 96-513, Sec. 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, Sec. 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, Sec. 1(1), substituted ``Except 
as provided in subsection (c), a'' for ``A''.
    Subsec. (c). Pub. L. 87-142, Sec. 1(2), added subsec. (c).
    1958--Subsec. (a). Pub. L. 85-861, Sec. 1(60), substituted ``Army 
Medical Specialist Corps'' for ``Women's Medical Specialist Corps''.
    Subsec. (b). Pub. L. 85-861, Sec. 1(60), (87), substituted ``Army 
Medical Specialist Corps'' for ``Women's Medical Specialist Corps'' and 
``his'' for ``her own'' and ``her''.


                    Effective Date of 1980 Amendment

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