§ 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 prescribed by the Secretary of the Army, and the following sections:

(1) The Dietitian Section.

(2) The Physical Therapist Section.

(3) The Occupational Therapist Section.

(4) The Physician Assistant Section.

(5) The Chiropractic Section.

(b) The Secretary of the Army shall appoint the Chief 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, and may not be reappointed.

(c) The Surgeon General shall appoint up to five assistant chiefs from 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. An assistant chief serves during the pleasure of the Surgeon General, but not for more than four years, and may not be reappointed to the same position.

(d) Chiropractors who are qualified under regulations prescribed by the Secretary of the Army may be appointed as commissioned officers in the Chiropractic Section of the Army Medical Specialist Corps.

(Aug. 10, 1956, ch. 1041, 70A Stat. 169; Pub. L. 85–155, title I, § 101(2), Aug. 21, 1957, 71 Stat. 375; Pub. L. 87–649, § 6(b)(2), (3), Sept. 7, 1962, 76 Stat. 494; Pub. L. 89–609, § 1(2), (3), Sept. 30, 1966, 80 Stat. 852; Pub. L. 90–130, § 1(8)(B), Nov. 8, 1967, 81 Stat. 374; Pub. L. 102–190, div. A, title V, § 551(a), Dec. 5, 1991, 105 Stat. 1370; Pub. L. 102–484, div. A, title V, § 505(a), Oct. 23, 1992, 106 Stat. 2404.)

Historical And Revision

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
3070(a)	10:81–1 (9th through 14th words of last sentence). 10:166a(a) (less 2d sentence; and less last sentence, as applicable to strength).	June 28, 1950, ch. 383, § 307 (9th through 14th words of last sentence), 64 Stat. 270. Apr. 16, 1947, ch. 38, §§ 102(a) (less 2d sentence; and less last sentence, as applicable to strength), 102(b), 61 Stat. 42.
3070(b)	10:166a(b).

In subsection (a), 10:166a(a) (1st 20 words of 1st sentence) is omitted as superseded by section 3067 of this title, which establishes the Women’s Medical Specialist Corps in the Army Medical Service. 10:166a(a) (last 16 words of 1st sentence) is omitted as superseded by section 3012(e) of this title, which authorizes the Secretary of the Army to prescribe the duties of members of the Army.

In subsection (b), the words “officers of the Regular Army in that corps” are substituted for the words “officers permanently commissioned in such Women’s Medical Specialist Corps”. The words “vacating her regular grade” are substituted for the words “vacation of her permanent grade”.

Amendments

Amendments

1992—Subsec. (a)(5). Pub. L. 102–484, § 505(a)(1), added par. (5).

Subsec. (c). Pub. L. 102–484, § 505(a)(2), substituted “up to five assistant chiefs” for “four assistant chiefs”.

Subsec. (d). Pub. L. 102–484, § 505(a)(3), added subsec. (d).

1991—Subsec. (a). Pub. L. 102–190, § 551(a)(1), (2), substituted “sections:” for “sections—”, substituted “The” for “the” and a period for the concluding semicolon in par. (1), substituted “The” for “the” and a period for “; and” in par. (2), substituted “The” for “the” in par. (3), and added par. (4).

Subsec. (c). Pub. L. 102–190, § 551(a)(3), substituted “four assistant chiefs” for “three assistant chiefs” in first sentence.

1967—Subsec. (a). Pub. L. 90–130 removed limitation restricting membership in the Corps to officers in grades of second lieutenant through colonel and inserted provisions authorizing the Secretary of the Army to prescribe the grades of officers comprising the Corps.

Subsec. (b). Pub. L. 90–130 struck out provision entitling the Chief to the temporary grade of colonel while serving, ranking above all other colonels in the Corps.

Subsec. (c). Pub. L. 90–130 struck out provisions entitling each assistant chief to the temporary grade of lieutenant colonel while so serving, ranking above all other lieutenant colonels in the section.

1966—Subsec. (b). Pub. L. 89–609, § 1(2), combined second and third sentences, substituting “, and” for period at end of second sentence and introductory word “She” to third sentence, and substituted “the regular grade held, the Chief” for “her regular grade, she” in fourth sentence.

Subsec. (c). Pub. L. 89–609, § 1(3), combined second and third sentences, substituting “, and” for period at end of second sentence and introductory word “She” to third sentence, substituted “An assistant chief” for “She” in fourth sentence, and in fifth sentence substituted “the regular grade held” and “in the section” for “her regular grade” and “in her section”, respectively, and struck out “and the pay and allowances” before “of a lieutenant colonel”.

1962—Subsec. (b). Pub. L. 87–649, § 6(b)(2), struck out provisions which authorized the pay and allowances of a colonel for Chief of the Army Medical Specialist Corps.

Subsec. (c). Pub. L. 87–649, § 6(b)(3), struck out provisions which authorized the pay and allowances of a lieutenant colonel for each assistant chief of the Army Medical Specialist Corps.

1957—Pub. L. 85–155 substituted “Army Medical Specialist Corps” for “Women’s Medical Specialist Corps” in section catchline.

Subsec. (a). Pub. L. 85–155 substituted “Army Medical Specialist Corps” for “Women’s Medical Specialist Corps” and “colonel” for “major”.

Subsec. (b). Pub. L. 85–155 struck out provisions which related to assistant chiefs which are now covered by subsec. (c) of this section, substituted “Army Medical Specialist Corps” for “Women’s Medical Specialist Corps”, required the chief to be above the regular grade of captain, prohibited service for more than four years and reappointment, and provided that the chief shall rank above all other colonels in the corps.

Subsec. (c). Pub. L. 85–155 added subsec. (c). Former provisions which related to assistant chiefs were contained in subsec. (b) of this section.

Effective Date Of Amendment

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–649 effective on Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

Miscellaneous

Regulations

Pub. L. 102–484, div. A, title V, § 505(d), Oct. 23, 1992, 106 Stat. 2404, provided that: “The regulations required to be prescribed by the amendments made by this section [enacting section 5139 of this title and amending this section and section 8067 of this title] shall be prescribed not later than 180 days after the date of the enactment of this Act [Oct. 23, 1992].”

Appointment of Assistant Chief

Pub. L. 102–190, div. A, title V, § 551(b), Dec. 5, 1991, 105 Stat. 1370, provided that: “Notwithstanding the requirement in subsection (c) of section 3070 of title 10, United States Code, as amended by subsection (a), with respect to the appointment of officers of the Regular Army as chiefs of sections of the Army Medical Specialist Corps, a warrant officer of the Army who is appointed as a reserve commissioned officer and assigned to the Army Medical Specialist Corps for service in the Physician Assistant Section of that Corps during the five-year period beginning on the date of the enactment of this Act [Dec. 5, 1991] may be appointed as an assistant chief of that Corps and chief of the Physician Assistant Section.”

Retirement of Officers Serving in Physician Assistant Section

Pub. L. 102–190, div. A, title V, § 551(c), Dec. 5, 1991, 105 Stat. 1370, provided that: “A member of the Army who on the date of the enactment of this Act [Dec. 5, 1991] is a warrant officer serving on active duty (other than for training) as a physician assistant and who is subsequently appointed as a commissioned officer in, or is assigned to, the Physician Assistant Section of the Army Medical Specialist Corps may elect at the time of the officer’s retirement after 20 years or more of active service that could be credited to the officer under section 511 of the Career Compensation Act of 1949, as amended [act Oct. 12, 1949, ch. 681, title V, § 511, 63 Stat. 829, as amended, formerly set out as a note under section 580 of this title]—

“(1) to revert to the highest warrant officer grade in which the officer served on active duty (other than for training) satisfactorily (as determined by the Secretary of the Army) for a period of more than 30 days; and

“(2) to be retired under chapter 65 of title 10, United States Code.”

Constructive Credit for Determination of Grade and Rank of Officers in Army Medical Specialist Corps

Pub. L. 102–190, div. A, title V, § 551(d), Dec. 5, 1991, 105 Stat. 1371, provided that:

“(1) For the purpose of determining the grade and rank within grade of a person who is appointed as a commissioned officer in the Army Medical Specialist Corps for service in the Physician Assistant Section, or who is assigned to the Army Medical Specialist Corps for service as a physician assistant, and who on the date of the enactment of this Act [Dec. 5, 1991] is a warrant officer and a physician assistant on active duty or in an active reserve status, the Secretary of the Army shall credit that person at the time of such appointment with any service on active duty, or in an active reserve status, as a physician assistant performed as a member of the Armed Forces before that appointment.

“(2) The Secretary of Defense shall prescribe regulations to carry out this subsection.”

Authority To Suspend Mandatory Retirement, Discharge, Separation, or Transfer From Active Status

Pub. L. 90–130, § 4(a), Nov. 8, 1967, 81 Stat. 383, authorized Secretary of the Army to suspend operation of any provision of law relating to mandatory retirement, discharge, separation, or transfer from an active status of an officer of Army Nurse Corps, Army Medical Specialist Corps, or Woman’s Army Corps for a period of five years following Nov. 8, 1967.