10 U.S.C. § 9233 — Requirement of exemplary conduct

Page 3474 TITLE 10—ARMED FORCES § 9229 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. § 9229. Command: commissioned officers in cer- tain designated categories An officer designated as a medical, dental, vet- erinary, 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 9067 of this title, or over persons placed under his charge. (Aug. 10, 1956, ch. 1041, 70A Stat. 531, § 8579; Pub. L. 85–861, § 1(156), (185), Sept. 2, 1958, 72 Stat. 1513, 1533; Pub. L. 96–513, title II, § 212(b), Dec. 12, 1980, 94 Stat. 2885; renumbered § 9229 and amended Pub. L. 115–232, div. A, title VIII, §§ 806(b)(7), 809(a), Aug. 13, 2018, 132 Stat. 1832, 1840.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 8579(a) ..... 10:82. R.S. 1169. 8579(b) ..... 10:166e (less 1st sen- tence). Apr. 16, 1947, ch. 38, § 106 (less 1st sentence), 61 Stat. 44. 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 with- in 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 sub- section (b). In subsection (b), 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and ‘‘by competent authority’’ are omitted as surplusage. 10:166(e) (last 22 words of last sentence) is omitted as superseded by section 8012(e) of this title. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 8579(b) ..... 10 App.:166b–3. Aug. 9, 1955, ch. 654, § 1, 69 Stat. 579. This amendment reflects the authority contained in section 8067(e) and (f) of this title to appoint male re- serve officers with a view to designation as Air Force nurses or medical specialists. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 8579 of this title as this section and substituted ‘‘section 9067’’ for ‘‘section 8067’’. 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 of- ficer 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 med- ical specialist to exercise command only within his cat- egory, 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. 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. § 9231. Command: chaplains An officer designated as a chaplain has rank without command. (Aug. 10, 1956, ch. 1041, 70A Stat. 531, § 8581; re- numbered § 9231, Pub. L. 115–232, div. A, title VIII, § 806(b)(7), Aug. 13, 2018, 132 Stat. 1832.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8581 ......... 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 Air Force. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 8581 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. § 9233. Requirement of exemplary conduct All commanding officers and others in author- ity in the Air Force and in the Space Force 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 Air Force or the Space Force, respectively, all per- sons who are guilty of them; and Page 3475 TITLE 10—ARMED FORCES § 9239 (4) to take all necessary and proper meas- ures, under the laws, regulations, and customs of the Air Force or the Space Force, respec- tively, to promote and safeguard the morale, the physical well-being, and the general wel- fare of the officers and enlisted persons under their command or charge. (Added Pub. L. 105–85, div. A, title V, § 507(b)(1), Nov. 18, 1997, 111 Stat. 1727, § 8583; renumbered § 9233, Pub. L. 115–232, div. A, title VIII, § 806(b)(7), Aug. 13, 2018, 132 Stat. 1832; amended Pub. L. 116–283, div. A, title IX, § 923(c)(7), Jan. 1, 2021, 134 Stat. 3811.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 923(c)(7)(A), inserted ‘‘and in the Space Force’’ after ‘‘the Air Force’’ in introductory provisions. Pars. (3), (4). Pub. L. 116–283, § 923(c)(7)(B), inserted ‘‘or the Space Force, respectively’’ after ‘‘the Air Force’’. 2018—Pub. L. 115–232 renumbered section 8583 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 929—MISCELLANEOUS PROHIBITIONS AND PENALTIES Sec. 9239. Enlisted members: officers not to use as serv- ants. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232, div. A, title VIII, § 806(d)(3)(A), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 849 of this title as this chapter and item 8639 as 9239. 2008—Pub. L. 110–181, div. A, title V, § 590(b)(2)(C), Jan. 28, 2008, 122 Stat. 138, struck out item 8634 ‘‘Air Force band: may not be paid for performance outside air base’’. 1980—Pub. L. 96–513, title V, § 514(4), Dec. 12, 1980, 94 Stat. 2935, struck out items 8632 ‘‘Members of Air Force: forfeiture of pay during absence from duty due to disease from intemperate use of alcohol or drugs’’, 8633 ‘‘Commissioned officers: forfeiture of pay when dropped from rolls’’, and 8636 ‘‘Enlisted members: pay and allowances not to accrue during suspended sen- tence of dishonorable discharge’’. 1968—Pub. L. 90–235, §§ 6(a)(10), 7(b)(5), Jan. 2, 1968, 81 Stat. 762, 763, struck out items 8631 ‘‘Dealing in quar- termaster supplies prohibited’’, 8635 ‘‘Enlisted mem- bers: restriction on civilian employment’’, and 8637 ‘‘Enlisted members: forfeiture of right to pension by deserters’’. 1958—Pub. L. 85–861, §§ 1(186), 33(a)(40), Sept. 2, 1958, 72 Stat. 1533, 1566, substituted ‘‘8632’’ for ‘‘8362’’ in item 8632, and struck out item 8638 ‘‘Enlisted members: re- quired to make up time lost’’. § 9239. Enlisted members: officers not to use as servants No officer of the Air Force or the Space Force may use an enlisted member of the Air Force or the Space Force as a servant. (Aug. 10, 1956, ch. 1041, 70A Stat. 533, § 8639; re- numbered § 9239, Pub. L. 115–232, div. A, title VIII, § 806(b)(8), Aug. 13, 2018, 132 Stat. 1833; amended Pub. L. 116–283, div. A, title IX, § 923(c)(8), Jan. 1, 2021, 134 Stat. 3811.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 8639 ......... 10:608. R.S. 1232. The words ‘‘in any case whatever’’ are omitted as sur- plusage. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 inserted ‘‘or the Space Force’’ after ‘‘Air Force’’ in two places. 2018—Pub. L. 115–232 renumbered section 8639 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 933—MISCELLANEOUS RIGHTS AND BENEFITS Sec. 9251. Presentation of United States flag upon re- tirement. 9252. Service credit: regular enlisted members; service as an officer to be counted as en- listed service. 9253. Flying officer rating: qualifications. 9254. Authority to designate certain separated members of the Air Force as honorary sepa- rated members of the Space Force. Editorial Notes PRIOR PROVISIONS A prior chapter 933, consisting of sections 9531 to 9541, related to procurement, prior to renumbering as chap- ter 963 of this title. AMENDMENTS 2024—Pub. L. 118–159, div. A, title V, § 525, Dec. 23, 2024, 138 Stat. 1885, added item 9254. Amendment was made pursuant to operation of section 102 of this title. 2018—Pub. L. 115–232, div. A, title VIII, § 806(d)(3)(A), (e)(1), Aug. 13, 2018, 132 Stat. 1833, redesignated chapter 853 of this title as this chapter and items 8681, 8684, and 8691 as 9251, 9252, and 9253, respectively. 1998—Pub. L. 105–261, div. A, title VI, § 644(c)(2), Oct. 17, 1998, 112 Stat. 2049, added item 8681. 1994—Pub. L. 103–337, div. A, title XVI, § 1674(b)(6), Oct. 5, 1994, 108 Stat. 3016, struck out item 8686 ‘‘Mem- bers of Air National Guard of United States: credit for service as members of Air National Guard’’. 1986—Pub. L. 99–661, div. A, title VI, § 604(f)(1)(B)(iv), Nov. 14, 1986, 100 Stat. 3877, struck out item 8687 ‘‘Com- pensation: members of Air Force other than of regular Air Force; when same as that provided for members of Regular Air Force’’. 1985—Pub. L. 99–145, title XIII, § 1301(d)(1)(B), Nov. 8, 1985, 99 Stat. 736, struck out item 8683 ‘‘Service credit: certain service as a nurse, woman medical specialist, or civilian employee of Army Medical Department to be counted’’. 1980—Pub. L. 96–513, title V, § 514(5), Dec. 12, 1980, 94 Stat. 2935, struck out item 8689 ‘‘Assignments and allot- ments of pay’’.