
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: 10USC716]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
   CHAPTER 41--SPECIAL APPOINTMENTS, ASSIGNMENTS, DETAILS, AND DUTIES
 
Sec. 716. Commissioned officers: transfers among the armed 
        forces, the National Oceanic and Atmospheric Administration, and 
        the Public Health Service
        
    (a) Notwithstanding any other provision of law, the President, 
within authorized strengths and with the consent of the officer 
involved, may transfer any commissioned officer of a uniformed service 
from his uniformed service to, and appoint him in, another uniformed 
service. The Secretary of Defense, the Secretary of Transportation, the 
Secretary of Commerce, and the Secretary of Health and Human Services 
shall jointly establish, by regulations approved by the President, 
policies and procedures for such transfers and appointments.
    (b) An officer transferred under this section may not be assigned 
precedence or relative rank higher than that which he held on the day 
before the transfer.

(Added Pub. L. 85-599, Sec. 11(2), Aug. 6, 1958, 72 Stat. 521; amended 
Pub. L. 91-392, Sec. 1, Sept. 1, 1970, 84 Stat. 834; Pub. L. 96-215, 
Sec. 2(a), Mar. 25, 1980, 94 Stat. 123; Pub. L. 97-295, Sec. 1(10), Oct. 
12, 1982, 96 Stat. 1289; Pub. L. 98-94, title X, Sec. 1007(a)(1), Sept. 
24, 1983, 97 Stat. 661; Pub. L. 99-348, title III, Sec. 304(a)(1), July 
1, 1986, 100 Stat. 703.)

                          Codification

    Another section 716 was renumbered section 717 of this title.


                               Amendments

    1986--Subsec. (c). Pub. L. 99-348 struck out subsec. (c) which 
defined ``uniformed service'' for purposes of this section. See section 
101(43) of this title.
    1983--Pub. L. 98-94 amended section generally, substituting 
``transfers among the armed forces, the National Oceanic and Atmospheric 
Administration, and the Public Health Service'' for ``transfers between 
armed forces and to and from National Oceanic and Atmospheric 
Administration'' in section catchline and adding subsec. (c). Prior to 
amendment subsecs. (a) and (b) read as follows:
    ``(a) Notwithstanding any other provision of law, the President may, 
within authorized strengths, transfer any commissioned officer with his 
consent from his armed force or from the National Oceanic and 
Atmospheric Administration to, and appoint him in, another armed force 
or the National Oceanic and Atmospheric Administration. The Secretary of 
Defense, the Secretary of the department in which the Coast Guard is 
operating, and the Secretary of Commerce shall jointly establish, by 
regulations approved by the President, policies and procedures for such 
transfers and appointments.
    ``(b) An officer transferred under this section--
        ``(1) may not be assigned precedence or relative rank higher 
    than that which he held on the day before his transfer; and
        ``(2) shall be credited for retirement and pay purposes with the 
    same years of service with which he has been credited on the day 
    before his transfer.''
    1982--Subsec. (a). Pub. L. 97-295 struck out the comma after 
``policies''.
    1980--Pub. L. 96-215 inserted ``and to and from National Oceanic and 
Atmospheric Administration'' in section catchline, divided existing 
unlettered provisions into subsecs. (a) and (b)(1), inserted references 
to National Oceanic and Atmospheric Administration and to Secretary of 
Commerce in subsec. (a) as so redesignated, and added subsec. (b)(2).
    1970--Pub. L. 91-392 substituted ``armed forces'' for ``Army, Navy, 
Air Force, and Marine Corps'' in section catchline and ``his armed 
force'', ``another armed force'', ``An officer transferred under this 
section may not be assigned'', and ``before his transfer'' for ``the 
Army, Navy, Air Force, or Marine Corps'', ``any other of those armed 
forces'', ``No officer transferred pursuant to this authority shall be 
assigned'', and ``prior to such transfer'' in text, respectively, and 
authorized interservice transfers of officers of the Coast Guard.

                  Section Referred to in Other Sections

    This section is referred to in title 33 section 857a.
