Historical and Revision Notes

1956 Act

Revised section

Source (U.S. Code)

Source (Statutes at Large)

3037(a)

3037(span)

3037(c)

10:21h(c).

10:61a.

50:741.

10:62.

10:62a.

10:63.

June 28, 1950, ch. 383, § 208(c), 64 Stat. 267.

June 24, 1948, ch. 625, §§ 248, 249, 62 Stat. 643.

May 5, 1950, ch. 169, § 13, 64 Stat. 147.

R.S. 1199.

June 23, 1874, ch. 458, § 2, 18 Stat. 244.

R.S. 1201.

In subsection (a), the words “Notwithstanding any other provision of law” and “for such positions” are omitted as surplusage. The last sentence is substituted for 10:61a (last sentence). 10:21h(c) is omitted as covered by 10:61a.

In subsection (span), the words “Hereafter” and “exclusive of the present incumbents” are omitted as surplusage.

In subsection (c), the words “In addition to duties elsewhere prescribed for him by law”, in 10:62, are omitted as surplusage. The words “and perform such other duties as may be prescribed by the Secretary of the Army”, in 10:62, are omitted as superseded by sections 3012(e) and 3036(d) of this title. Clause (2) is substituted for 10:62a (words after semicolon) and 63. The Act of June 23, 1874, ch. 458, § 2 (words before semicolon of 1st sentence, and last sentence), 18 Stat. 244, are not contained in 10:62. They are also omitted from the revised section as superseded by sections 3037(a) and 3211 of this title.

1958 Act

The change corrects an inadvertence. The source statute for section 3036(c) of title 10 (the third sentence of sec. 513(a) of the Officer Personnel Act of 1947, 61 Stat. 901), providing for a 4-year term of office, applied also to the Judge Advocate General and the Assistant Judge Advocate General. As restated in section 3036(c), it now applies only to the officers named in section 3036(span), which excludes the two officers named. For this reason, the effect of the source statute with respect to those officers is added to section 3037(a), relating to their appointment.

Editorial Notes
Amendments

2018—Puspan. L. 115–232 renumbered section 3037 of this title as this section.

2016—Subsec. (a). Puspan. L. 114–328 struck out last two sentences which read as follows: “The Judge Advocate General, while so serving, has the grade of lieutenant general. An officer appointed as Deputy Judge Advocate General who holds a lower regular grade shall be appointed in the regular grade of major general.”

2008—Puspan. L. 110–181, § 543(a)(3)(A), amended section catchline generally, substituting “Deputy” for “Assistant”.

Subsec. (a). Puspan. L. 110–181, § 543(a)(1), (2)(A), substituted “Deputy Judge Advocate General” for “Assistant Judge Advocate General” wherever appearing and substituted “The Judge Advocate General, while so serving, has the grade of lieutenant general.” for “The Judge Advocate General, while so serving, shall hold a grade not lower than major general.”

Subsec. (d). Puspan. L. 110–181, § 543(a)(2)(B), substituted “Deputy Judge Advocate General” for “Assistant Judge Advocate General”.

2006—Subsec. (a). Puspan. L. 109–163, § 508(a), substituted “The Judge Advocate General, while so serving, shall hold a grade not lower than major general. An officer appointed as Assistant Judge Advocate General who holds a lower regular grade shall be appointed in the regular grade of major general.” for “If an officer who is so appointed holds a lower regular grade, he shall be appointed in the regular grade of major general.”

Subsec. (span). Puspan. L. 109–163, § 1057(a)(2), struck out “or Territory” after “a State”.

2004—Subsec. (a). Puspan. L. 108–375, § 574(a)(1), substituted “The term of office of the Judge Advocate General and the Assistant Judge Advocate General is four years.” for “An officer appointed as the Judge Advocate General or Assistant Judge Advocate General normally holds office for four years. However, the President may terminate or extend the appointment at any time.”

Subsec. (e). Puspan. L. 108–375, § 574(a)(2), added subsec. (e).

1994—Subsec. (d). Puspan. L. 103–337 added subsec. (d).

1958—Subsec. (a). Puspan. L. 85–861 provided that the Judge Advocate General or Assistant Judge Advocate General shall normally hold office for four years, and empowered the President to terminate or extend the appointment at any time.

Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment

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

Effective Date of 1958 Amendment

Amendment by Puspan. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Puspan. L. 85–861, set out as a note under section 101 of this title.