Commissioned officers: appointment without specification of branch; transfer between branches

10 U.S.C. § 7153

• Title: 10 — Armed Forces
• Chapter: 715 — APPOINTMENTS IN THE REGULAR ARMY

Text

(a) Appointments in commissioned grades in the Regular Army shall be made without specification of branch except in each of the special branches and as professors or director of admissions of the United States Military Academy.
(b) Commissioned officers appointed in the Regular Army without specification of branch shall be assigned, and may be transferred and reassigned, by the Secretary of the Army to branches other than the special branches, according to their professional qualifications and the needs of the Army.

History

(Aug. 10, 1956, ch. 1041, 70A Stat. 181, §3283; Pub. L. 85–600, §1(4), Aug. 6, 1958, 72 Stat. 522; Pub. L. 95–485, title VIII, §820(d)(1), Oct. 20, 1978, 92 Stat. 1627; Pub. L. 95–551, §2, Oct. 30, 1978, 92 Stat. 2069; renumbered §7153, Pub. L. 115–232, div. A, title VIII, §808(b)(3), Aug. 13, 2018, 132 Stat. 1838.)

Editorial Notes

Subsection (a) is substituted for 10:506(b) (2d sentence) and 506(c) (1st sentence). The words "in each of the special branches" are substituted for the enumeration of branches in 10:506(b) (2d sentence) and for the words "each of the several corps of the Army Medical Service, as chaplains", in 10:506(c).
In subsection (b), the words "other than the special branches and the Women's Army Corps" are substituted for 10:506(c) (words between 3d and 4th parentheses). The word "their" is substituted for the words "of the officers concerned". The words "of the Army" are substituted for the words "of the branches, arms, and services". The words "from time to time" and "arms, and services" are omitted as surplusage.

Editorial Notes

Amendments
2018—Pub. L. 115–232 renumbered section 3283 of this title as this section.
1978—Subsec. (a). Pub. L. 95–551 substituted "director of admissions" for "registrar".
Pub. L. 95–485 struck out ", in the Women's Army Corps," after "special branches".
Subsec. (b). Pub. L. 95–485 struck out "and the Women's Army Corps" after "special branches".
1958—Subsec. (a). Pub. L. 85–600 inserted reference to registrar of the Military Academy.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Editorial Notes

Amendments
2018—Pub. L. 115–232, div. A, title VIII, §808(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1839, redesignated chapter 339 of this title as this chapter and item 3446 as 7176.
1980—Pub. L. 96–513, title V, §502(11), Dec. 12, 1980, 94 Stat. 2910, struck out items 3441 "General rule", 3442 "Commissioned officers; regular and reserve components: appointment in higher grade", 3444 "Commissioned officers: during war or emergency", 3445 "Officers: additional appointments during war or emergency", 3447 "Appointments in commissioned grade: how made; how terminated", 3448 "Warrant officers: grades, appointment", 3449 "Warrant officers: promotion", 3451 "Officers: acceptance of appointment in higher grade", and 3452 "Officers; Medical and Dental Corps: temporary promotion to captain".
1968—Pub. L. 90–235, §3(b)(2), Jan. 2, 1968, 81 Stat. 758, struck out item 3450 "Warrant officers: suspension of laws for promotion or mandatory retirement or separation during war or emergency".
1958—Pub. L. 85–861, §1(81)(F), (G), Sept. 2, 1958, 72 Stat. 1480, struck out item 3443 "Commissioned officers; Reserves; appointment in higher or lower grade" and added item 3452.