10 U.S.C. § 7176 — Retention on active duty

Page 3005 TITLE 10—ARMED FORCES § 7176 HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3283(a) ..... 3283(b) ..... 10:506(b) (2d sentence). 10:506(c) (1st sentence). 10:506(c) (less 1st sen- tence and less proviso). Aug. 7, 1947, ch. 512, § 502(b) (2d sentence), (c) (less proviso), 61 Stat. 884; June 12, 1948, ch. 449, § 104(d)(1), 62 Stat. 358. Subsection (a) is substituted for 10:506(b) (2d sen- tence) and 506(c) (1st sentence). The words ‘‘in each of the special branches’’ are substituted for the enumera- tion of branches in 10:506(b) (2d sentence) and for the words ‘‘each of the several corps of the Army Medical Service, as chaplains’’, in 10:506(c). In subsection (b), the words ‘‘other than the special branches and the Women’s Army Corps’’ are sub- stituted for 10:506(c) (words between 3d and 4th paren- theses). The word ‘‘their’’ is substituted for the words ‘‘of the officers concerned’’. The words ‘‘of the Army’’ are substituted for the words ‘‘of the branches, arms, and services’’. The words ‘‘from time to time’’ and ‘‘arms, and services’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3283 of this title as this section. 1978—Subsec. (a). Pub. L. 95–551 substituted ‘‘director of admissions’’ for ‘‘registrar’’. Pub. L. 95–485 struck out ‘‘, in the Women’s Army Corps,’’ after ‘‘special branches’’. Subsec. (b). Pub. L. 95–485 struck out ‘‘and the Wom- en’s Army Corps’’ after ‘‘special branches’’. 1958—Subsec. (a). Pub. L. 85–600 inserted reference to registrar of the Military Academy. 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 719—TEMPORARY APPOINTMENTS Sec. 7176. Retention on active duty. 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 339 of this title as this chapter and item 3446 as 7176. 1980—Pub. L. 96–513, title V, § 502(11), Dec. 12, 1980, 94 Stat. 2910, struck out items 3441 ‘‘General rule’’, 3442 ‘‘Commissioned officers; regular and reserve compo- nents: appointment in higher grade’’, 3444 ‘‘Commis- sioned officers: during war or emergency’’, 3445 ‘‘Offi- cers: additional appointments during war or emer- gency’’, 3447 ‘‘Appointments in commissioned grade: how made; how terminated’’, 3448 ‘‘Warrant officers: grades, appointment’’, 3449 ‘‘Warrant officers: pro- motion’’, 3451 ‘‘Officers: acceptance of appointment in higher grade’’, and 3452 ‘‘Officers; Medical and Dental Corps: temporary promotion to captain’’. 1968—Pub. L. 90–235, § 3(b)(2), Jan. 2, 1968, 81 Stat. 758, struck out item 3450 ‘‘Warrant officers: suspension of laws for promotion or mandatory retirement or separa- tion during war or emergency’’. 1958—Pub. L. 85–861, § 1(81)(F), (G), Sept. 2, 1958, 72 Stat. 1480, struck out item 3443 ‘‘Commissioned officers; Reserves; appointment in higher or lower grade’’ and added item 3452. § 7176. Retention on active duty The President may retain on active duty a dis- abled officer until— (1) the physical condition of the officer is such that the officer will not be further bene- fited by retention in a military hospital or a medical facility of the Department of Vet- erans Affairs; or (2) the officer is processed for physical dis- ability benefits provided by law. (Aug. 10, 1956, ch. 1041, 70A Stat. 196, § 3446; Pub. L. 85–861, § 1(81)(C), Sept. 2, 1958, 72 Stat. 1480; Pub. L. 101–189, div. A, title XVI, § 1621(a)(10), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 102–25, title VII, § 701(j)(6), Apr. 6, 1991, 105 Stat. 116; renum- bered § 7176, Pub. L. 115–232, div. A, title VIII, § 808(b)(4), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 3446 ......... 10:499. June 19, 1948, ch. 511, 62 Stat. 489. The word ‘‘shall’’ is substituted for the words ‘‘au- thorized and directed’’. The words ‘‘on active duty’’ are substituted for the words ‘‘in service’’. The words ‘‘war- rant officers, and flight officers’’ are omitted, since the definition of ‘‘officer’’ in section 101(14) of this title covers commissioned, warrant, and flight officers. The words ‘‘who has only a temporary appointment’’ are substituted for the words ‘‘of the Army * * * of the United States’’. The words ‘‘his physical condition is such that he’’ are substituted for the words ‘‘their treatment for physical reconstruction has reached a point where they’’. The words ‘‘in the Army’’ are sub- stituted for the words ‘‘in the military service’’. 1958 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 3446 ......... 10 App.:499. June 15, 1956, ch. 388, 70 Stat. 282. The words ‘‘commissioned officers and warrant’’ are omitted as covered by the definition of the word ‘‘offi- cer’’ in section 101(14) of this title. The words ‘‘condi- tion is such that’’ are substituted for the words ‘‘recon- struction has reached a point where’’. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3446 of this title as this section. 1991—Par. (2). Pub. L. 102–25 struck out ‘‘as’’ before ‘‘provided by law’’. 1989—Pub. L. 101–189 amended section generally. Prior to amendment, section read as follows: ‘‘Notwith- standing any other provision of law, the President may retain on active duty a disabled officer until his phys- ical condition is such that he will not be further bene- fited by retention in a military or Veterans’ Adminis- tration hospital or until he is processed for physical disability benefits provided by law.’’ 1958—Pub. L. 85–861 substituted ‘‘may retain on active duty a disabled officer’’ for ‘‘shall retain on active duty any disabled officer who has only a temporary appoint- ment’’, and ‘‘military or Veterans’ Administration hos- pital or until he is processed for physical disability benefits provided by law’’ for ‘‘military hospital or in the Army’’. Page 3006 TITLE 10—ARMED FORCES § 7191 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 721—ACTIVE DUTY Sec. 7191. Non-regular officers: status. 7203. Retired commissioned officers: status. 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 341 of this title as this chapter and items 3491 and 3503 as 7191 and 7203, respectively. 1994—Pub. L. 103–337, div. A, title XVI, § 1672(b)(4), Oct. 5, 1994, 108 Stat. 3015, struck out items 3495 ‘‘Army National Guard of United States: status’’, 3496 ‘‘Army National Guard of United States: commissioned offi- cers; duty in National Guard Bureau’’, 3497 ‘‘Army Na- tional Guard of United States: members; status in which ordered into Federal service’’, 3498 ‘‘Army Na- tional Guard of United States: mobilization; mainte- nance of organization’’, 3499 ‘‘Army National Guard in Federal service: status’’, 3500 ‘‘Army National Guard in Federal service: call’’, 3501 ‘‘Army National Guard in Federal service: period of service; apportionment’’, and 3502 ‘‘Army National Guard in Federal service: physical examination’’. 1980—Pub. L. 96–513, title V, § 502(12), Dec. 12, 1980, 94 Stat. 2910, struck out item 3494 ‘‘Commissioned officers: grade in which ordered to active duty’’ and item 3504 ‘‘Retired members: limitations; grade’’. 1968—Pub. L. 90–235, § 1(a)(3), (b), Jan. 2, 1968, 81 Stat. 753, struck out item 3492 ‘‘Members: service extension during war’’, and item 3493 ‘‘Army Reserve: commis- sioned officers with Corps of Engineers’’. 1958—Pub. L. 85–861, § 1(82)(B), Sept. 2, 1958, 72 Stat. 1481, added item 3494. § 7191. Non-regular officers: status A commissioned officer of the Army, other than of the Regular Army, who is on active duty in any commissioned grade has the rights and privileges, and is entitled to the benefits, pro- vided by law for a commissioned officer of the Army Reserve— (1) whose reserve grade is that in which the officer not of the Regular Army is serving; (2) who has the same length of service as the officer not of the Regular Army; and (3) who is on active duty in his reserve grade. (Aug. 10, 1956, ch. 1041, 70A Stat. 198, § 3491; re- numbered § 7191, Pub. L. 115–232, div. A, title VIII, § 808(b)(5), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3491 ......... 10:506d(h). Aug. 7, 1947, ch. 512, § 515(h), 61 Stat. 908. The first 12 words are substituted for 10:506d(h) (1st 11 words). The words ‘‘has the rights and privileges, and is entitled to the benefits’’ are substituted for the words ‘‘shall be entitled * * * to the same rights, privileges, and benefits’’. Clause (1) is substituted for the words ‘‘in a grade the same as such ‘active-duty grade’ ’’. The words ‘‘as the officer not of the Regular Army’’ are sub- stituted for the words ‘‘holding appointment in the Army Reserve’’. The words ‘‘his reserve grade’’ are sub- stituted for the words ‘‘the grade held in the Army Re- serve’’. Editorial Notes PRIOR PROVISIONS Prior section 7201, act Aug. 10, 1956, ch. 1041, 70A Stat. 442, authorized Secretary of the Navy to conduct re- search and development relating to guided missiles and to procure and construct guided missiles, prior to re- peal by Pub. L. 103–160, div. A, title VIII, § 824(a)(1), Nov. 30, 1993, 107 Stat. 1707. Prior section 7202, act Aug. 10, 1956, ch. 1041, 70A Stat. 442, related to authority of Secretary of the Navy to provide for emergency and extraordinary expenses and to delegation of such authority to other persons in the Department of the Navy, prior to repeal by Pub. L. 94–106, title VIII, § 804(b), Oct. 7, 1975, 89 Stat. 538. See section 127 of this title. AMENDMENTS 2018—Pub. L. 115–232 renumbered section 3491 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. § 7203. Retired commissioned officers: status A retired commissioned officer of the Army who is on active duty is considered, for all pur- poses except promotion, to be an officer of the branch or organization to which he is assigned. (Aug. 10, 1956, ch. 1041, 70A Stat. 200, § 3503; re- numbered § 7203, Pub. L. 115–232, div. A, title VIII, § 808(b)(5), Aug. 13, 2018, 132 Stat. 1838.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 3503 ......... 10:999. July 9, 1918, ch. 143, subch. XX (2d par.), 40 Stat. 893. The words ‘‘and shall be an extra number therein’’ are omitted, since, in the opinion of the Judge Advo- cate General of the Army (JAG 210.85, Feb. 21, 1923), they were repealed by the Act of July 31, 1935, ch. 422, 49 Stat. 505. The words ‘‘in the discretion of the Presi- dent, employed * * * assigned to duty’’ are omitted as surplusage. The word ‘‘branch’’ is substituted for the words ‘‘arms, corps, department’’ to conform to sec- tions 3063 and 3064 of this title. Editorial Notes PRIOR PROVISIONS A prior section 7203, acts Aug. 10, 1956, ch. 1041, 70A Stat. 442; Sept. 2, 1958, Pub. L. 85–861, § 33(a)(34), 72 Stat. 1566, authorized Secretary of the Navy to make expend- itures for scientific investigations and research from any naval appropriation available for those purposes and to delegate this authority within Navy, prior to re- peal by Pub. L. 103–355, title III, § 3025(a), Oct. 13, 1994, 108 Stat. 3334. Prior sections 7204 and 7205 were renumbered sections 8604 and 8605 of this title, respectively. A prior section 7206, act Aug. 10, 1956, ch. 1041, 70A Stat. 443, related to minor construction and extension