
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: 10USC531]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
 CHAPTER 33--ORIGINAL APPOINTMENTS OF REGULAR OFFICERS IN GRADES ABOVE 
                         WARRANT OFFICER GRADES
 
Sec. 531. Original appointments of commissioned officers

    (a) Original appointments in the grades of second lieutenant through 
colonel in the Regular Army, Regular Air Force, and Regular Marine Corps 
and in the grades of ensign through captain in the Regular Navy shall be 
made by the President, by and with the advice and consent of the Senate.
    (b) The grade of a person receiving an appointment under this 
section who at the time of appointment (1) is credited with service 
under section 533 of this title, and (2) is not a commissioned officer 
of a reserve component shall be determined under regulations prescribed 
by the Secretary of Defense based upon the amount of service credited. 
The grade of a person receiving an appointment under this section who at 
the time of the appointment is a commissioned officer of a reserve 
component is determined under section 533(f) of this title.

(Added Pub. L. 96-513, title I, Sec. 104(a), Dec. 12, 1980, 94 Stat. 
2845; amended Pub. L. 97-22, Sec. 3(a), July 10, 1981, 95 Stat. 124.)


                               Amendments

    1981--Pub. L. 97-22 designated existing provisions as subsec. (a) 
and added subsec. (b).


                             Effective Date

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


  Transition Provisions Under Defense Officer Personnel Management Act

    For provisions to prevent extinction or premature termination of 
rights, duties, penalties, or proceedings that existed or were begun 
prior to the effective date of Pub. L. 96-513 and otherwise to allow for 
an orderly transition to the system of officer personnel management put 
in place under Pub. L. 96-513, see section 601 et seq. of Pub. L. 96-
513, set out as a note under section 611 of this title.


    Program To Increase Use of Certain Nurses by Military Departments

    Pub. L. 101-189, div. A, title VII, Sec. 708, Nov. 29, 1989, 103 
Stat. 1475, provided that:
    ``(a) Program Required.--(1) Not later than September 30, 1991, the 
Secretary of each military department shall implement a program to 
appoint persons who have an associate degree or diploma in nursing (but 
have not received a baccalaureate degree in nursing) as officers and to 
assign such officers to duty as nurses.
    ``(2) An officer appointed pursuant to the program required by 
subsection (a) shall be appointed in a warrant officer grade or in a 
commissioned grade not higher than O-3. Such officer may not be promoted 
above the grade of O-3 unless the officer receives a baccalaureate 
degree in nursing.
    ``(b) Report on Implementation.--Not later than April 1, 1990, the 
Secretary of Defense shall submit to the Committees on Armed Services of 
the Senate and House of Representatives a report on the actions taken by 
the Secretaries of the military departments to implement the program 
required by this section.''

                  Section Referred to in Other Sections

    This section is referred to in sections 4353, 9353 of this title.
