§ 7229. Command: commissioned officers of Army Medical Department

705 words·~3 min read·/usc/title-10/section-7229

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(a)Except as provided in subsection (b), a commissioned officer of the Army Medical Department 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 authority to appropriate commanders as the interest 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.)

In subsection (a), the word “commissioned” is inserted 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 omitted as surplusage, since 10:94 deals exclusively with assignments. 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In subsection (b), 10:166e (last 22 words of 1st sentence) is omitted as superseded by sections 3012(e) and 3065 of this title.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 entitled * * * to command except”. The words “by virtue of their rank” and “by competent authority” are omitted as surplusage.

The amendment of subsec.

(b)also reflects the authority contained in section 3357 of this title to appoint males as reserve officers of the Corps concerned.

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