10-U.S.C.-8579
§8579 – Command: Commissioned officers In Certain Designated Categories
Pathway
Title 10 > Subtitle D > Part II > Chapter 845 > Section 8579
Details
- Reference: Section 8579
- Legend: §8579 – Command: Commissioned officers In Certain Designated Categories
- USCode Year: 2013
Provision Content
An officer designated as a medical, dental, veterinary, 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 8067 of this title, or over persons placed under his charge.
(Aug. 10, 1956, ch. 1041, 70A Stat. 531; 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.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8579(a) | 10:82. | R.S. 1169. |
| 8579(b) | 10:166e (less 1st sentence). | 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 within 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 subsection (b).
In subsection (b), 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rank and by competent authority are omitted as surplusage. 10:166(e) (last 22 words of last sentence) is omitted as superseded by section 8012(e) of this title.
| 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 reserve officers with a view to designation as Air Force nurses or medical specialists.
Amendments
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 officer 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 medical specialist to exercise command only within his category, 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.
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.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-8579 in the Legal Encyclopedia: Air Force
In this entry about 10-U.S.C.-8579, find legal reference material, bibliographies and premiere content related to air force in the American Encyclopedia of Law, presenting a comprehensive view of the United States air force-specific issues, written by authorities in the field.
10-U.S.C.-8503 in the Legal Encyclopedia: Air Force Personnel
In this entry about 10-U.S.C.-8503, find legal reference material, bibliographies and premiere content related to air force personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States air force personnel-specific issues, written by authorities in the field.
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