
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: 10USC8579]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                           PART II--PERSONNEL
 
                      CHAPTER 845--RANK AND COMMAND
 
Sec. 8579. Command: commissioned officers in certain designated 
        categories
        
    An officer designated as a medical, dental, veterinary, medical 
service, or biomedical sciences officer or as a nurse is not entitled to 
exercise command because of rank, except within the categories 
prescribed in subsection (a), (b), (c), (d), (e), (f), or (i) of section 
8067 of this title, or over persons placed under his charge.

(Aug. 10, 1956, ch. 1041, 70A Stat. 531; Pub. L. 85-861, Sec. 1(156), 
(185), Sept. 2, 1958, 72 Stat. 1513, 1533; Pub. L. 96-513, title II, 
Sec. 212(b), Dec. 12, 1980, 94 Stat. 2885.)

                                          Historical and Revision Notes
                                                    1956 Act
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
8579(a)...............................  10:82.                               R.
S. 1169.
8579(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 words ``Except as provided in section 94 of 
this title'', not contained in section 1169 of the Revised Statutes, but 
contained in the United States Code, are omitted as surplusage, since 
10:94 deals exclusively with assignments. The words ``except within the 
categories prescribed in section 8067(a)-(d) of this title'' are 
substituted for the words ``in the line or in other staff corps''. Air 
Force nurses and women medical specialists are not covered by subsection 
(a), since their command authority is specifically stated in subsection 
(b).
    In subsection (b), 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. 10:166(e) (last 22 words of last 
sentence) is omitted as superseded by section 8012(e) of this title.

                                                    1958 Act
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
8579(b)...............................  10 App.:166b-3.                      Au
g. 9, 1955, ch. 654, Sec.  1, 69
                                                                              S
tat. 579.
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---------------------------------

    This amendment reflects the authority contained in section 8067(e) 
and (f) of this title to appoint male reserve officers with a view to 
designation as Air Force nurses or medical specialists.


                               Amendments

    1980--Pub. L. 96-513 substituted provision prohibiting an officer 
designated as a medical, dental, veterinary, medical service, or 
biomedical sciences officer or as a nurse from exercising command 
because of rank, except within the categories prescribed in section 
8067(a) to (f) or (i) of this title, or over persons placed under his 
charge for provision prohibiting an officer designated as a medical, 
dental, veterinary, or medical service officer from exercising command 
because of rank, except within categories prescribed in section 8067(a) 
to (d) of this title, and authorizing an Air Force nurse or medical 
specialist to exercise command only within his category, or over persons 
placed under his charge.
    1958--Subsec. (b). Pub. L. 85-861 struck out ``woman'' before 
``medical specialist'', and substituted ``his'' for ``her'' in two 
places.


                    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.
