Pub. L. 85-155, tit. II, sec. 201

Subtitle C of title 10, United States Code, is amended as follows:

EnactedYear: 1957Length: 2,427 wordsOfficial source
Sec. 201. Subtitle C of title 10, United States Code, is amended as follows: (1) Section 5444 (b) is amended to read as follows: “(b) The number of officers serving on active duty in the grades of captain and commander in the Nurse Corps may not exceed, respectively, 2/10 of 1 per cent and 5 per cent of the number of officers serving on active duty in that corps.” (2) Section 5444 (c) is amended by— (A) adding the word “and” after the semicolon in clause (1), and striking out clauses (2) and (3) and inserting in place thereof the following clause: “(2) the number of captains and commanders authorized under this section for the Nurse Corps.”; (B) striking out in the third sentence the words “in the grade of captain in the Medical Service Corps, or in the grade of commander or lieutenant commander in the Nurse Corps” and inserting in place thereof the words “or in the grade of captain or commander in the Nurse Corps”; and (C) striking out in the last sentence the word “commander” and the words “lieutenant commander” and inserting in place thereof the word “captain” and the word “commander”, respectively. (3) Section 5444 (e) is amended by striking out the last sentence. (4) Section 5449 is amended by— (A) repealing subsection (c) and relettering subsections (d), (e), and (f), as (c), (d), and (e), respectively; (B) amending the first sentence of present subsection (d) to read as follows: “The number of officers on the active list of the Navy in the Nurse Corps holding permanent appointments in the grades of captain and commander may not exceed, respectively, 2/10 of 1 per cent and 5 per cent of the number of officers on the active list of the Navy in that Corps.”; and (C) striking out in the last sentence of present subsection (e) the words “lieutenant commander” and the word “commander” and inserting in place thereof the word “commander” and the word “captain”, respectively. (5) Section 5702 is amended oy— (A) striking out in clause (2) of subsection (a) the words “each corps and each grade” and inserting in place thereof the words “each corps, other than the Medical Service Corps and the Nurse Corps, and for each grade”; (B) adding to subsection (a) the following clauses: “(3) A board for the Medical Service Corps to recommend captains for continuation on the active list, and a board for the Nurse Corps to recommend captains and commanders for continuation on the active list, each consisting of not less than three or more than six officers of the Regular Navy in the Medical Corps serving in the grade of rear admiral. 71 Stat. 382 “(4) A board for the Medical Service Corps, for each grade, to recommend commanders, lieutenant commanders, lieutenants, and lieutenants (junior grade) for promotion to the next higher grade, each consisting of not less than six or more than nine officers serving in the grade of captain or above, of whom two-thirds shall be officers in the Medical Corps and one-third officers in the Medical Service Corps, except that when officers in the Medical Service Corps in dental specialties are eligible for consideration for promotion the membership of the board shall include, in lieu of one of the officers in the Medical Corps, an officer in the Dental Corps serving in the grade of captain or above. “(5) A board for the Nurse Corps to recommend commanders for promotion to captain, consisting of not less than six or more than nine officers serving in the grade of captain or above, of whom two-thirds shall be officers in the Medical Corps and one-third officers in the Nurse Corps unless there are insufficient officers of the Nurse Corps available to serve in which case the Secretary shall complete the minimum required membership by the appointment of officers in the Medical Corps serving in the grade of captain or above. “(6) A board for the Nurse Corps, for each grade, to recommend lieutenant commanders, lieutenants, and lieutenants (junior grade) for promotion to the next higher grade, each consisting of not less than six or more than nine officers of whom two-thirds snail be officers in the Medical Corps serving in the grade of captain or above and one-third officers in the Nurse Corps serving in the grade of captain or commander.”; (C) amending subsection (b) to read as follows: “(b) Each board convened under this section to consider officers in the Medical Corps, the Supply Corps, the Chaplain Corps, the Civil Engineer Corps, or the Dental Corps shall consist of officers in the corps concerned, and each board convened under this section to consider officers of the Medical Service Corps or the Nurse Corps shall consist of officers in the corps indicated in subsection (a). Except as provided in subsections (c) and (d), each board convened under this section shall consist of officers of the Regular Navy on the active list or the retired list.”; (D) amending subsection (c) by striking out the word “When” and inserting in place thereof the words “Except as provided in subsection (a), when”; and (E) amending the second sentence of subsection (e) to read as follows: “However, boards to recommend officers in the Nurse Corps for promotion to the grades of captain and commander need not be convened unless there is a vacancy in the grade concerned or the Secretary estimates or determines that a vacancy will occur during the next 12 months.” (6) Section 5707 (a) is amended by repealing clause (3) and renumbering clauses (4), (5), (6), and (7) as (3), (4), (5), and (6), respectively. (7) Section 5708 is amended by— (A) repealing clause (5) of subsection (b) and renumbering clauses (6), (7), and (8), as (5), (6), and (7), respectively; and (B) striking out in clause (2) of subsection (c) the words “lieutenant (junior grade)” and inserting in place thereof the words “lieutenant or lieutenant (junior grade)”. (8) Section 5753 (b) is amended to read as follows: “(b) Officers in the Medical Corps, the Chaplain Corps, the Dental Corps, the Medical Service Corps, and the Nurse Corps, in the grades of lieutenant and lieutenant (junior grade), except officers in those 71 Stat. 383 corps appointed under section 5590 of this title, are eligible for consideration for promotion to the next higher grade by a selection board convened under chapter 543 of this title when they are in the promotion zone or are senior to the officers in the promotion zone in the grade in which they are serving.” (9) Section 5762 is amended by— (A) striking out in the first sentence of subsection (a) the words “or the Dental Corps, or the grade of commander in the Medical Service Corps” and inserting in place thereof the words “Dental Corps, or the Medical Service Corps”; (B) repealing subsection (b) and relettering subsections (c), (d), (e), and (f) as (b), (c), (d), and (e), respectively; (C) striking out in present subsection (e) the words “or the Medical Service Corps” and inserting in place thereof the words “the Medical Service Corps, or the Nurse Corps”; (D) striking out in subsection (f) the words “commander or lieutenant commander” and inserting in place thereof the words “captain or commander”; and (E) repealing subsection (g). (10) Section 5773 is amended by amending the first sentence of subsection (c) to read as follows: “Each commander and lieutenant commander in the Nurse Corps, whose name is placed on a promotion list under subsection (a), may be promoted to the grade for which selected when a vacancy for her occurs in that grade.” (11) Section 5775 is amended by striking out in subsection (e) the words “Each officer in .the Medical Service Corps who is promoted to the grade of captain and each officer in the Nurse Corps who is promoted to the grade of commander or lieutenant commander” and inserting in place thereof the words “Each officer in the Nurse Corps who is promoted to the grade of captain or commander”. (12) Section 5776 is amended by striking out in subsection (d) the words “in the grade of lieutenant commander or lieutenant”. (13) Section 5782 is amended by amending subsection (d) to read as follows: “(d) Notwithstanding subsections (b) and (c), no officer may be permanently appointed in the grade of captain or commander in the Nurse Corps unless there is a vacancy for her in the grade in that corps as determined by computations made under section 5449 of this title.” (14) The analysis of chapter 573 is amended by striking out the following items: “6377. Regular Navy, line captains restricted in performance of duty and staff corps captains: Regular Marine Corps, colonels designated for supply duty: retirement for length of service. “6378. Regular Navy, line captains restricted in performance of duty and staff corps captains; Regular Marine Corps, colonels designated for supply duty: continuation on active list; retirement.” and inserting in place thereof the following items: “6377. Regular Navy, line captains restricted in performance of duty, staff corps captains, and Nurse Corps commanders; Regular Marine Corps, colonels designated for supply duty: retirement for length of service or for age. “6378. Regular Navy, line captains restricted in performance of duty, staff corps captains, and Nurse Corps commanders; Regular Marine Corps, colonels designated for supply duty: continuation on active list; retirement.” 71 Stat. 384 (15) Section 6377 is amended by— (A) changing the caption to read as follows: “Regular Navy, line captains restricted in performance of duty, staff corps captains, and Nurse Corps commanders Regular Marine Corps, colonels designated for supply duty: retirement for length of service or for age” (B) striking out in subsection (b) the words “Medical Service Corps” and inserting in place thereof the words “Nurse Corps”; (C) amending subsection (c) to read as follows: “(c) If not continued on the active list under section 6378 of this title, each officer serving in the grade of captain on the active list of the Navy in the Nurse Corps shall be retired on June 30 of the fiscal year in which she becomes 55 years of age or completes 30 years of active service as computed under section 6388 of this title, whichever is earlier.”; (D) inserting between subsection (c) and (d) the following new subsection and relettering subsection (d) as (e): “(d) If not on a promotion list and if not continued on the active list under section 6378 of this title, each officer serving in the grade of commander on the active list of the Navy in the Nurse Corps shall be retired on June 30 of the fiscal year in which she becomes 55 years of age or completes 30 years of active service as computed under section 6388 of this title, whichever is earlier.” (E) amending present subsection (d) by striking out the words “subsections (a), (b), and (c)” and inserting in place thereof the words “subsections (a) and (b)”. (16) Section 6378 is amended by— (A) changing the caption to read as follows: “Regular Navy, line captains restricted in performance of duty, staff corps captains, and Nurse Corps commanders: Regular Marine Corps, colonels designated for supply duty: continuation on active list; retirement” (B) striking out in the first sentence of subsection (a) the words “except the Medical Service Corps,” and inserting in place thereof a comma and the words “each officer serving in the grade of commander on the active list of the Navy in the Nurse Corps,”; (C) striking out in the second sentence of subsection (a) the words “captain or colonel” and inserting in place thereof the words “captain, colonel, or commander”; and (D) amending clause (7) of subsection (b) to read as follows: “(7) The number of captains in the Medical Corps, the Dental Corps, the Medical Service Corps and the Nurse Corps, and the number of commanders in the Nurse Corps, that the Secretary of the Navy determines to be necessary to meet the needs of the service.” (17) Section 6379 is amended by— (A) striking out in subsection (a) the words “or an officer in the Medical Service Corps”; and (B) amending subsection (b) to read as follows: “(b) This section does not apply to officers in the Nurse Corps.” (18) Section 6381 is amended by inserting after subsection (b) the following new subsection: “(c) The retired pay under this section of an officer in the Nurse Corps may not be less than 50 per cent of the basic pay upon which the computation of retired pay is based.” (19) Section 6382 is amended by inserting in subsection (b) after the words “lieutenant (junior grade)” a comma and the words “except an officer of the Nurse Corps,”. 71 Stat. 385 (20) Section 6388 is amended by striking out in subsection (d) in the first sentence the words “of the preceding sections” and the words “serving in the grade of lieutenant (junior grade)”, and in the second sentence the words “of the preceding sections”. (21) Section 6395 is amended by— (A) striking out in clause (3) of subsection (h) the words “serving in the grade of lieutenant (junior grade)”; and (B) repealing clause (4) of subsection (h) and renumbering clause (5) as clause (4). (22) Section 6396 is amended by— (A) amending subsection (a) to read as follows: “(a) An officer on the active list of the Navy serving in the grade of lieutenant commander in the Nurse Corps shall, subject to the provisions of section 5777 of this title, be retired on June 30 of the fiscal year in which she becomes 55 years of age or completes 30 years of service computed under section 6388 of this title, whichever is earlier.”; (B) amending subsection (b) to read as follows: “(b) An officer on the active list of the Navy serving in a grade below lieutenant commander in the Nurse Corps shall, subject to section 5777 of this title, be retired on June 30 of the fiscal year in which she becomes 50 years of age or completes 20 years of service computed under section 6388 of this title, whichever is later.” (C) repealing subsection (c) and relettering subsection (d) as (c); (D) amending clause (2) of present subsection (d) by striking out the phrase “more than 75 per cent” and inserting in place thereof the phrase “more than 75 per cent or less than 50 per cent”. (23) Section 5140 (a) is amended by striking out in the first sentence the words “commander or lieutenant commander” and inserting the words “lieutenant commander or above” in place thereof.
Pub. L. 85-155, tit. II, sec. 201: Subtitle C of title 10, United States Code, is amended as follows: | Justis AI