10 U.S.C. § 7435

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 7435 - Dean of Academic Board

(a) The Dean of the Academic Board shall be appointed as an additional permanent professor from the permanent professors who have served as heads of departments of instruction at the Academy.

(b) The Dean of the Academic Board shall perform such duties as the Superintendent of the Academy may prescribe with the approval of the Secretary of the Army.

(c) The retirement age of an officer appointed as Dean of the Academic Board is that of a permanent professor of the Academy.

10 U.S.C. § 7435

Aug. 10, 1956, ch. 1041, 70A Stat. 239, §4335; Pub. L. 85-861, §33(a)(46)(A), Sept. 2, 1958, 72 Stat. 1567; Pub. L. 99-661, div. A, title V, §508(a), Nov. 14, 1986, 100 Stat. 3866; Pub. L. 102-484, div. A, title V, §521(a), Oct. 23, 1992, 106 Stat. 2409; Pub. L. 106-65, div. A, title V, §533(a), Oct. 5, 1999, 113 Stat. 604; Pub. L. 115-91, div. A, title V, §507(a), Dec. 12, 2017, 131 Stat. 1374; renumbered §7435, Pub. L. 115-232, div. A, title VIII, §808(c)(1), Aug. 13, 2018, 132 Stat. 1839.

HISTORICAL AND REVISION NOTES 1956 ACT
Revised section	Source (U.S. Code)	Source (Statutes at Large)
4335(a)4335(b)	10:1089 (2d sentence).10:1089 (less 1st 20 words, and less 2d sentence).	June 26, 1946, ch. 495, §3 (less 1st 20 words), 60 Stat. 312.

In subsection (b), the word "grade" is substituted for the word "rank". The words "pay, allowances" are omitted, since they are determined by the grade held. The words "retirement rights" are omitted as covered by the word "benefits". The words "There is authorized", "from time to time", and "statutory" are omitted as surplusage.

1958 ACTThe word "regular" is deleted [in sections 4335 and 4336] to make clear that a Dean or professor of the United States Military Academy holds only the office of "Dean" or "professor" and not the office of "brigadier general" or "colonel", as the case may be, even though he is entitled to the pay and allowances of that grade.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 7435 was renumbered section 8735 of this title.

AMENDMENTS2018- Pub. L. 115-232 renumbered section 4335 of this title as this section. 2017-Subsec. (c). Pub. L. 115-91 struck out first sentence which read as follows: "While serving as Dean of the Academic Board, an officer of the Army who holds a grade lower than brigadier general shall hold the grade of brigadier general, if appointed to that grade by the President, by and with the advice and consent of the Senate."; substituted "appointed as Dean of the Academic Board" for "so appointed" in second sentence; and struck out third sentence which read as follows: "An officer so appointed is counted for purposes of the limitation in section 526(a) of this title on general officers of the Army on active duty." 1999-Subsec. (c). Pub. L. 106-65 added subsec. (c).1992-Subsec. (c). Pub. L. 102-484 struck out subsec. (c) which read as follows: "The Dean of the Academic Board has the grade of brigadier general while serving in such position, with the benefits authorized for regular brigadier generals of the Army, if appointed to that grade by the President, by and with the advice and consent of the Senate. However, the retirement age of an officer so appointed is that of a permanent professor of the Academy."1986-Subsec. (b). Pub. L. 99-661, §508(a)(1), struck out "The Dean has the grade of brigadier general while serving as such, with the benefits authorized for regular brigadier generals of the Army, except that his retirement age is that of a permanent professor of the Academy." See subsec. (c). Subsec. (c). Pub. L. 99-661, §508(a)(2), added subsec. (c).1958-Subsec. (b). Pub. L. 85-861 substituted "the grade of brigadier general" for "the regular grade of brigadier general".

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.

EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-661 applicable with respect to appointments or details made on or after Nov. 14, 1986, see section 508(f) of Pub. L. 99-661, set out as an Effective Date note under section 12210 of this title.

EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85-861, set out as a note under section 101 of this title.

active duty: The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
grade: The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
officer: The term "officer" means a commissioned or warrant officer.
pay: The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
rank: The term "rank" means the order of precedence among members of the armed forces.