Page:United States Statutes at Large Volume 70A.djvu/221

163 163 §3036. Chiefs of branches: appointment; duties (a) There are in the Army the following officers: (1) Chief of Engineers. (2) Chief Signal Officer. (3) Adjutant General. (4) Quartermaster General. (5) Chief of Finance. (6) Chief of Ordnance. (7) Chief Chemical Officer. (8) Chief of Transportation. (9) Surgeon General. (10) Judge Advocate General. (11) Chief of Chaplains. (b) Each officer named in subsection (a), except the Judge Advocate General, shall be appointed by the President, by and with the advice and consent of the Senate, from officers above the grade of major who— (1) have shown by extensive duty in the branch concerned, or by similar duty, that they are qualified for the appointment; and (2) have been recommended by a board under subsection (e). If the officer holds a lower regular grade, he shall be appointed in the regular grade of major general. The Judge Advocate General shall be appointed as prescribed in section 3037 of this title. (c) An officer appointed under subsection (b) normally holds office for four years. However, the President may terminate or extend the appointment at any time. (d) Each officer named in subsection (a) shall perform the duties prescribed by the Secretary and by law. (e) For each office to be filled under subsection (b), the Secretary shall select a board of five general officers, including the incumbent, if any, of the office, and at least two officers, if available, in a grade above major general who have had extensive service in the branch concerned. The Secretary shall give the board a list of the officers to be considered and shall specify the number of officers, not less than three, to be recommended. The list shall include— (1) the name of each officer of the Regular Army who is appointed in, or assigned to, that branch, and whose regular grade is colonel; (2) the name of each officer whose regular grade is above colonel, who has shown by extensive duty in that branch, or by similar duty, that he is qualified for the appointment; (3) to the extent that the Secretary determines advisable, the name of each officer of the Regular Army who is appointed in, or assigned to, that branch, and whose regular grade is lieutenant colonel, in the order in which their names appear on the applicable promotion lists; and (4) to the extent that the Secretary considers advisable, the name of each regular or reserve officer on active duty in a grade above lieutenant colonel who has shown by extensive duty in that branch, or by similar duty, that he is qualified for the appointment. From these officers, the board shall recommend by name the number prescribed by the Secretary, and the President may appoint any

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