10 U.S.C. § 7229 — Command: commissioned officers of Army

Page 3010 TITLE 10—ARMED FORCES § 7222 ‘‘Command: commissioned officers of Army in same grade on duty at same place’’. § 7222. Rank: commissioned officers serving under temporary appointments The President may, in accordance with the needs of the Army, adjust dates of rank of com- missioned officers of the Army serving in tem- porary grades. (Aug. 10, 1956, ch. 1041, 70A Stat. 204, § 3572; re- numbered § 7222, Pub. L. 115–232, div. A, title VIII, § 808(b)(7), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3572 ......... 10:506d(c) (last sentence). Aug. 7, 1947, ch. 512, § 515(c) (last sentence), 61 Stat. 907. The word ‘‘commissioned’’ is inserted for clarity, since the source statute related only to commissioned officers. The words ‘‘in his discretion, from time to time’’ are omitted as surplusage. Editorial Notes PRIOR PROVISIONS Prior sections 7222 to 7224 were renumbered sections 8622 to 8624 of this title, respectively. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3572 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 7225. Rank: warrant officers Warrant officers rank next below second lieu- tenants and rank among themselves within each warrant officer grade under regulations to be prescribed by the Secretary of the Army. (Aug. 10, 1956, ch. 1041, 70A Stat. 205, § 3575; re- numbered § 7225, Pub. L. 115–232, div. A, title VIII, § 808(b)(7), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3575 ......... 10:593 (less 1st sentence). Aug. 21, 1941, ch. 384, § 4 (less 1st sentence), 55 Stat. 653; May 29, 1954, ch. 249, § 19(e), 68 Stat. 167. 10:593 (2d sentence) is omitted as executed. The words ‘‘within each warrant officer grade’’ are inserted for clarity, since section 745 of this title covers rank be- tween warrant officers in different warrant officer grades. Editorial Notes PRIOR PROVISIONS Prior sections 7225 to 7228 were renumbered sections 8625 to 8628 of this title, respectively. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3575 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 7229. Command: commissioned officers of Army Medical Department (a) Except as provided in subsection (b), a commissioned officer of the Army Medical De- partment 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 au- thority to appropriate commanders as the inter- est of the Army may require. (Aug. 10, 1956, ch. 1041, 70A Stat. 206, § 3579; Pub. L. 85–861, § 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, § 212(a), Dec. 12, 1980, 94 Stat. 2885; Pub. L. 98–525, title XIV, § 1405(46), Oct. 19, 1984, 98 Stat. 2625; renumbered § 7229, Pub. L. 115–232, div. A, title VIII, § 808(b)(7), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 3579(a) ..... 10:82. R.S. 1169. 3579(b) ..... 10:166e (less 1st sen- tence). Apr. 16, 1947, ch. 38, § 106 (less 1st sentence), 61 Stat. 44. In subsection (a), the word ‘‘commissioned’’ is in- serted 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 omit- ted as surplusage, since 10:94 deals exclusively with as- signments. 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 sen- tence) 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 enti- tled * * * to command except’’. The words ‘‘by virtue of their rank’’ and ‘‘by competent authority’’ are omitted as surplusage. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 3579(a) ..... 10 App.:376(b). Aug. 9, 1955, ch. 654, § 2, 69 Stat. 579. The amendment of subsec. (b) also reflects the au- thority contained in section 3357 of this title to appoint males as reserve officers of the Corps concerned. Page 3011 TITLE 10—ARMED FORCES § 7233 Editorial Notes PRIOR PROVISIONS A prior section 7229 was renumbered section 8629 of this title. A prior section 7230, added Pub. L. 85–43, § 1(1), May 31, 1957, 71 Stat. 44; amended Pub. L. 87–651, title I, § 125, Sept. 7, 1962, 76 Stat. 514, related to sale of degaussing equipment, prior to repeal by Pub. L. 103–160, div. A, title VIII, § 824(a)(4), Nov. 30, 1993, 107 Stat. 1707. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3579 of this title as this section. 1984—Subsec. (a). Pub. L. 98–525 substituted ‘‘sub- section (b)’’ for ‘‘subsection (c)’’. 1980—Subsec. (a). Pub. L. 96–513, § 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, § 212(a)(2), (3), redesig- nated 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 De- partment’’ for ‘‘Army Medical Service’’ in section catchline and in subsecs. (a) and (c). 1961—Subsec. (a). Pub. L. 87–142, § 1(1), substituted ‘‘Except as provided in subsection (c), a’’ for ‘‘A’’. Subsec. (c). Pub. L. 87–142, § 1(2), added subsec. (c). 1958—Subsec. (a). Pub. L. 85–861, § 1(60), substituted ‘‘Army Medical Specialist Corps’’ for ‘‘Women’s Med- ical Specialist Corps’’. Subsec. (b). Pub. L. 85–861, § 1(60), (87), substituted ‘‘Army Medical Specialist Corps’’ for ‘‘Women’s Med- ical Specialist Corps’’ and ‘‘his’’ for ‘‘her own’’ and ‘‘her’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. 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. § 7231. Command: chaplains A chaplain has rank without command. (Aug. 10, 1956, ch. 1041, 70A Stat. 206, § 3581; re- numbered § 7231, Pub. L. 115–232, div. A, title VIII, § 808(b)(7), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3581 ......... 10:235. R.S. 1122. The words ‘‘and shall be on the same footing with other officers of the Army, as to tenure of office, retire- ment, and pensions’’ are omitted as obsolete, since there is no distinction between the status of a chaplain as an officer and the status of other officers of the Army. Editorial Notes PRIOR PROVISIONS A prior section 7231 was renumbered section 8631 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3581 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. § 7233. Requirement of exemplary conduct All commanding officers and others in author- ity in the Army are required— (1) to show in themselves a good example of virtue, honor, patriotism, and subordination; (2) to be vigilant in inspecting the conduct of all persons who are placed under their com- mand; (3) to guard against and suppress all disso- lute and immoral practices, and to correct, ac- cording to the laws and regulations of the Army, all persons who are guilty of them; and (4) to take all necessary and proper meas- ures, under the laws, regulations, and customs of the Army, to promote and safeguard the morale, the physical well-being, and the gen- eral welfare of the officers and enlisted per- sons under their command or charge. (Added Pub. L. 105–85, div. A, title V, § 507(a)(1), Nov. 18, 1997, 111 Stat. 1726, § 3583; renumbered § 7233, Pub. L. 115–232, div. A, title VIII, § 808(b)(7), Aug. 13, 2018, 132 Stat. 1838.) Editorial Notes PRIOR PROVISIONS Prior sections 7233 to 7235 were renumbered sections 8633 to 8635 of this title, respectively. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3583 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. CHAPTER 729—MISCELLANEOUS PROHIBITIONS AND PENALTIES Sec. 7239. Enlisted members: officers not to use as serv- ants. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 808(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 349 of this title as this chapter and item 3639 as 7239. 2008—Pub. L. 110–181, div. A, title V, § 590(b)(2)(A), Jan. 28, 2008, 122 Stat. 138, struck out item 3634 ‘‘Army band: may not be paid for performance outside Army post’’. 1980—Pub. L. 96–513, title V, § 512(6), Dec. 12, 1980, 94 Stat. 2929, struck out item 3632 ‘‘Members of Army: for-