Pub. L. 85-155, tit. I, sec. 101

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

EnactedYear: 1957Length: 2,730 wordsOfficial source
Sec. 101. Subtitle B of title 10, United States Code is amended as follows: (1) Section 3069 is amended to read as follows: “§ 3069. Army Nurse Corps: Chief; appointment“The Army Nurse Corps consists of the Chief of that corps and officers in grades of second lieutenant through colonel. The Secretary of the Army shall appoint the Chief from the officers of the Regular Army in that Corps whose regular grade is above major and who are recommended by the Surgeon General. The Chief serves during the pleasure of the Secretary, but not for more than four years. She may not be reappointed. Without vacating her regular grade, she is entitled to the temporary grade and the pay and allowances of a colonel while so serving and ranks above all other colonels in that corps.” (2) Section 3070 is amended to read as follows: “§ 3070. Army Medical Specialist Corps: organization; Chief and assistant chiefs “(a) The Army Medical Specialist Corps consists of the Chief and assistant chiefs of that corps, other officers in grades of second lieutenant through colonel, and the following sections— “(1) the Dietitian Section; “(2) the Physical Therapist Section; and “(3) the Occupational Therapist Section. “(b) The Secretary of the Army shall appoint the Chief of the Army Medical Specialist Corps from the officers of the Regular Army in that corps whose regular grade is above captain and who are recommended by the Surgeon General. The Chief serves during the pleasure of the Secretary, but not for more than four years. She may not be reappointed. Without vacating her regular grade, she is entitled to the temporary grade and the pay and allowances of a colonel while so serving, and ranks above all other colonels in that corps. “(c) The Surgeon General shall appoint three assistant chiefs of the Army Medical Specialist Corps from the officers of the Regular Army in that corps whose regular grade is above captain. Each assistant chief is the chief of a section of that corps. She serves during the pleasure of the Surgeon General, but for not more than four years. She may not be reappointed to the same position. Without vacating her regular grade, each assistant chief is entitled to the temporary grade and the pay and allowances of a lieutenant colonel while so serving and ranks above all other lieutenant colonels in her section.” 71 Stat. 376 (3) The analysis of chapter 307 is amended by striking out the following item: “3070. Women’s Medical Specialist Corps: organization; Chief and assistant chiefs.” and inserting the following item in place thereof: “3070. Army Medical Specialist Corps: organization; Chief and assistant chiefs.” (4) Section 3206 is amended to read as follows: “§ 3206. Regular Army: commissioned officers on active list; Army Nurse Corps “(a) The authorized strength of the Army Nurse Corps in commissioned officers on the active list of the Regular Army is 2500. “(b) Of the authorized strength of the Army Nurse Corps in commissioned officers on the active list of the Regular Army, not more than 5 may be in the regular grade of colonel, and not more than 107 may be in the regular grade of lieutenant colonel.” (5) Section 3207 is amended to read as follows: “§ 3207. Regular Army: commissioned officers on active list; Army Medical Specialist Corps “(a) The authorized strength of the Army Medical Specialist Corps in commissioned officers on the active list of the Regular Army is 350. “(b) Of the authorized strength of the Army Medical Specialist Corps in commissioned officers on the active list of the Regular Army, not more than 1 may be in the regular grade of colonel, and not more than 20 may be in the regular grade of lieutenant colonel.” (6) The analysis of chapter 331 is amended by striking out the following item: “3207. Regular Army: commissioned officers on active list; Women’s Medical Specialist Corps.” and inserting the following item in place thereof: “3207. Regular Army: commissioned officers on active list; Army Medical Specialist Corps.” (7) Section 3288 is amended by inserting the words “section 3291 and” after the words “Except as provided in. (8) Section 3291 is amended to read as follows: “§ 3291. Commissioned officers: Army Nurse Corps and Army Medical Specialist Corps: original appointment; additional qualifications, grade “(a) An original appointment in the Regular Army in the Army Nurse Corps or the Army Medical Specialist Corps may be made in the grade of— “(1) second lieutenant, from women who have performed less than three years of service creditable for promotion under subsection (c), who on the date of nomination have not passed their twenty-seventh birthday, and who are not qualified for appointment in the grade of first lieutenant under clause (2); “(2) first lieutenant, from women who have performed less than seven years of service creditable for promotion under subsection (c), and who on the date of nomination have not passed their thirtieth birthday; and “(3) captain, from women who have performed at least seven years of service creditable for promotion under subsection (c), and who on the date of nomination have not passed their thirty-ninth birthday. The maximum ages specified in clauses (1) and (2) of this subsection are increased by the period of active commissioned service in the armed forces after December 7, 1941, but not by more than five years. 71 Stat. 377 “(b) To be eligible for appointment in the Army Nurse Corps under this section, a woman must be a graduate of a hospital or university school of nursing and a registered nurse. “(c) For the purpose of determining years of service creditable for promotion, a person appointed under subsection (a) shall be credited at the time of her appointment with all active commissioned service in the armed forces that she performed after becoming 21 years of age and before her appointment. However, not more than fourteen years of service may be so credited. A person appointed as a commissioned officer under subsection (a) (2) who has not performed at least three years of active commissioned service in the armed forces after December 7, 1941. shall, for the same purposes, be credited with that amount of service.” (9) The analysis of chapter 335 is amended by striking out the following item: “3291. Commissioned officers: Army Nurse Corps and Women’s Medical Specialist Corps: original appointment; additional qualifications, grade.” and inserting the following in place thereof: “3291. Commissioned officers: Army Nurse Corps and Army Medical Specialist Corps: original appointment; additional qualifications, grade.” (10) Section 3296 is amended — (A) by striking out the words “those of the Army Nurse Corps and the Women’s Medical Specialist Corps,” in the first sentence of subsection (a); and (B) by striking out the words “, except the Army Nurse Corps and the Women’s Medical Specialist Corps” in subsection (b) (3). (11) Section 3297 (a) is amended— (A) by striking the period at the end of the last sentence; and (B) by adding at the end thereof the following new phrase: “, and a selection board considering promotion-list officers of the Army Nurse Corps or the Army Medical Specialist Corps may include promotion-list officers who are in the same corps as the officers being considered by that board and whose regular or temporary grades are above major.” (12) Section 3298 (b) is amended— (A) by striking out the word “Vacancies” and inserting the word “vacancies” in place thereof; and (B) by inserting at the beginning of that sentence the words “Except for officers of the Army Nurse Corps and the Army Medical Specialist Corps,”. (13) Section 3299 is amended— (A) by striking out the words “subsection (f)” in subsection (a) and inserting the words “subsections (f) and (g)” in place thereof; (B) by adding at the end of subsection (c): “No officer of the Army Nurse Corps or of the Army Medical Specialist Corps may be promoted under this subsection.”; and (C) by redesignating subsection (g) as subsection (h) and inserting the following new subsection after subsection (f): “(g) Promotion-list officers of the Army Nurse Corps and Army Medical Specialist Corps may be promoted to the regular grade of lieutenant colonel in accordance with section 3304 of this title.” 71 Stat. 378 (14) Section 3304 is amended to read as follows: “§ 3304. Commissioned officers; Army Nurse Corps and Army Medical Specialist Corps: promotion to lieutenant colonel or colonel “(a) Having in view the number of actual and anticipated vacancies in the promotion lists of the Army Nurse Corps or the Army Medical Specialist Corps in the regular grade of lieutenant colonel and the number of officers desired in that grade on the applicable promotion list, the Secretary of the Army shall furnish to selection boards lists of all promotion-list officers in the regular grade of major who have completed at least 21 years of service with which they are entitled to be credited for promotion and all promotion-list officers in that grade whose names appear on that promotion list above the name of any officer who has completed that service, in the order in which their names appear on that promotion list. The Secretary may also furnish to the boards the names of promotion-list officers in the regular grade of major who have not completed 21 years of service creditable for promotion, in the order in which their names appear on that promotion list. He shall direct the boards to recommend for promotion to the grade of lieutenant colonel a number prescribed by him, but not in excess of the number of promotions anticipated to be made to that grade within the next two years. The Secretary may not furnish the name of any officer to a board unless he furnishes to it the names of all officers above that officer on that promotion list who are not on a recommended list for promotion to that regular grade. The board shall recommend the prescribed number of those officers whom it considera to be the best qualified. “(b) Having in view the number of actual and anticipated vacancies in the promotion lists of the Army Nurse Corps or the Army Medical Specialist Corps in the regular grade of colonel and the number of officers desired in that grade on the applicable promotion list, the Secretary of the Army shall furnish to selection boards lists of all promotion-list officers in the regular grade of lieutenant colonel (except those officers who would not be eligible for nomination by reason of subsection (d)) in the order in which their names appear on that promotion list. He shall direct the boards to recommend for promotion to the grade of colonel a number prescribed by him but not in excess of the number of promotions anticipated to be made to that grade within the next two years. The list furnished may not contain the name of any officer who is on a recommended list for promotion to that regular grade. The board shall recommend the prescribed number of those officers whom it considers to be best qualified. “(c) The names of officers recommended for promotion to the regular grade of lieutenant colonel or colonel shall be entered at the foot of, and carried on, the appropriate permanent recommended list for promotion to those grades m the same order among themselves as on the applicable promotion list. Officers shall be promoted in that order when there is a vacancy in those grades for that list. A vacancy in those grades may be filled at any time. It is not mandatory that the authorized numbers be maintained in the regular grades of lieutenant colonel or colonel on a promotion list. “(d) An officer must complete at least one year of service in the regular grade of lieutenant colonel before being nominated for promotion to the regular grade of colonel.”. 71 Stat. 379 (15) The analysis of chapter 335 is amended by striking out the following item: “3304. Commissioned officers; Army Nurse Corps and Women’s Medical Specialist Corps: promotion to first lieutenant, captain, major, or lieutenant colonel.” and inserting the following item in place thereof: “3304. Commissioned officers; Army Nurse Corps and Army Medical Specialist: promotion to lieutenant colonel or colonel.” (16) Section 3305 is amended: (A) by amending the catchline to read as follows: “§ 3305. Commissioned officers other than officers in Army Nurse Corps and Army Medical Specialist Corps: promotion to colonel” (B) by inserting the following new sentence at the end of subsection (a): “No officer of the Army Nurse Corps or Army Medical Specialist Corps may be promoted under this section.” (17) The analysis of chapter 335 is amended by striking out the following item: “3305. Commissioned officers: promotion to colonel.” and insert ing the following item in place thereof: “3305. Commissioned officers other than officers in Army Nurse Corps and Army Medical Specialist Corps: promotion to colonel.” (18) Section 3888 is amended— (A) by striking out the word “or” appearing after the words “clause (A), (B), (C), (D),” in clause (2) of that section; (B) by inserting the words “or (F),” after “(E),” in clause (2); and (C) by inserting the following new clause after clause (2) (E): “(F) For a commissioned officer appointed in the Army Nurse Corps or Army Medical Specialist Corps, the sum of— “(i) her years of active commissioned service in the Regular Army after that appointment; and “(ii) the service credited under sections 101 or 105 of the Army-Navy Nurses Act of 1947 (61 Stat. 41), as amended, or the service credited under section 3291 (c) of this title, as the case may be.” (19) Section 3915 is amended to read as follows: “§ 3915. Twenty-five years: regular majors; Women’s Army Corps, Army Nurse Corps and Army Medical Specialist Corps “(a) Unless retired or separated at an earlier date, each officer of the Women’s Army Corps whose regular grade is major shall be retired, except as provided by section 47a of title 5. on the thirtieth day after she completes 25 years of service computed under section 3927 (a) of this title. “(b) Unless retired or separated at an earlier date, each officer of the Army Nurse Corps and the Army Medical Specialist Corps whose regular grade is major shall be retired, except as provided by section 47a of title 5, on the thirtieth day after she completes 25 years of service computed under section 3927 (a) of this title. However, if her name is carried on a list of officers recommended for appointment to the regular grade of lieutenant colonel, she shall be retained on the active list while her name is so carried. In addition, if the authorized strength of the corps concerned in officers on the active list is not exceeded. the Secretary of the Army may retain her on the active list until she completes 28 years of service computed under section 3927 (a) of this title, in which case she shall be retired, except as provided 71 Stat. 380 by section 47a of title 5, on the thirtieth day after she completes that service.” (20) The analysis of chapter 367 is amended by striking out the following item: “3915. Twenty-five years: regular majors; Women’s Army Corps.” and inserting the following item in place thereof: “3915. Twenty-five years: regular majors; Women’s Army Corps, Army Nurse Corps and Army Medical Specialist Corps.” (21) Section 3916 (b) (2) is amended by inserting the words “Army Nurse Corps, or Army Medical Specialist Corps,” after the words “Women’s Army Corps,”. (22) Section 3927 is amended— (A) by inserting the following new clause immediately after clause (5) in subsection (a): “(6) For a commissioned officer appointed in the Army Nurse Corps or the Army Medical Specialist Corps, the sum of— “(A) her years of active commissioned service in the Regular Army after that appointment; and “(B) the service credited under sections 101 or 105 of the Army-Navy Nurses Act of 1947 (61 Stat. 41), as amended, or the service credited under section 3291 (c) of this title, as the case may be.”; (B) by striking out the word “or” in subsection (b) (2): and (C) by inserting the words “, or (6)” after the number “(5)” in subsection (b) (2). (23) Section 3991 is amended: (A) by striking out formula “A” of the table therein; and (B) by redesignating formulas “B”, “C”, “D”, and “E” as formulas “A”, “B”, “C” and “D”, respectively.
Pub. L. 85-155, tit. I, sec. 101: Subtitle B of title 10, United States Code is amended as follows: | Justis AI