Page:United States Statutes at Large Volume 79.djvu/1090

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PUBLIC LAW 89-288-OCT. 22, 1965

[79 STAT.

Public Law 89-288 October 22, 1965 [H. R. 7484]

Armed Forces. Surgeons General, rank. 70A Stat. 163.

10 USC 80318035.

AN ACT To amend title 10, United States Code, to provide for the rank of lieutenant general or vice admiral of officers of the Army, Navy, and Air Force while serving as Surgeons General.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3036(b) of title 10, United States Code, is amended by striking out the second sentence and inserting in place thereof the following sentences: "Each officer covered by the preceding sentence, except the Surgeon General, shall be appointed in the regular grade of major general. The Surgeon General, while so serving, has the grade of lieutenant general." SEC. 2. Section 3962(a) of title 10, United States Code, is amended to read as follows: " (a) Upon retirement, a commissioned officer of the Regular Army who has served (1) as Chief of Staff to the President, (2) as Chief of Staff of the Army, (3) as a senior member of the Military Staff Committee of the United Nations, (4) in a position of importance and responsibility designated by the President to carry the grade of general or lieutenant general under section 3066 of this title, or (5) as Surgeon General of the Army in the grade of lieutenant general may, in the discretion of the President^ be retired, by and with the advice and consent of the Senate, in the highest grade held by him at any time on the active list." SEC. 3. Section 5133(b) of title 10, United States Code, is amended to read as follows: " (b) Except for an officer who is serving or has served in the grade of vice admiral under section 5137(a) of this title, an officer who is retired while serving as a chief of bureau, or who, after serving at least two and one-half years as a chief of bureau, is retired after completion of that service while serving in a lower rank or grade, may, in the discretion of the President, be retired with the grade of rear admiral or major general, as appropriate, and with retired pay based on that grade. If he is retired with the grade of rear admiral, he is entitled to the retired pay of a rear admiral in the upper half of that grade. An officer who is serving or has served in m e grade of vice admiral under section 5137(a) of this title may, upon retirement, be appointed by the President, by and with the advice and consent of the Senate, to the highest grade held by him while on the active list and with retired pay based on that grade." • SEC. 4. Section 5137(a) of title 10, United States Code, is amended by adding the following sentence: "The Surgeon General, while so serving, has the grade of vice admiral." SEC. 5. (a) Chapter 805 of title 10, United States Code, is amended by adding the following section: "§ 8036. Surgeon G e n e r a l: appointment, g r a d e "There is a Surgeon General of the Air Force who is appointed by the President by and with the advice and consent of the Senate from officers of the Air Force who are designated as medical officers under section 8067(a) of this title. The Surgeon General, while so serving, has the grade of lieutenant general." (b) The analysis of chapter 805 of title 10, United States Code, is amended by inserting the following item: "8036. Surgeon General: appointment, grade."

SEC. 6. Section 8962(a) of title 10, United States Code, is amended to read as follows:

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