US (United States) Code. Title 10. Subtitle A. Part II. Chapter 33A: Appointment, promotion, and involuntary

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 33A - APPOINTMENT, PROMOTION, AND

INVOLUNTARY SEPARATION AND RETIREMENT FOR

MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY

LIST 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33A - APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION

AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY

LIST

.

-HEAD-

CHAPTER 33A - APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION

AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY LIST

-MISC1-

Sec.

571. Warrant officers: grades.

572. Warrant officers: original appointment; service credit.

573. Convening of selection boards.

574. Warrant officer active-duty lists; competitive categories;

number to be recommended for promotion; promotion zones.

575. Recommendations for promotion by selection boards.

576. Information to be furnished to selection boards; selection

procedures.

577. Promotions: effect of failure of selection for.

578. Promotions: how made; effective date.

579. Removal from a promotion list.

580. Regular warrant officers twice failing of selection for

promotion: involuntary retirement or separation.

580a. Enhanced authority for selective early discharges.

581. Selective retirement.

582. Warrant officer active-duty list: exclusions.

583. Definitions.

AMENDMENTS

1993 - Pub. L. 103-160, div. A, title V, Sec. 504(b), Nov. 30,

1993, 107 Stat. 1645, added item 580a.

1992 - Pub. L. 102-484, div. A, title X, Sec. 1052(6), Oct. 23,

1992, 106 Stat. 2499, inserted ''to be'' after ''Information'' in

item 576 and substituted ''Promotions:'' for ''Promotions;'' in

item 578.

-CITE-

10 USC Sec. 571 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33A - APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION

AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY

LIST

-HEAD-

Sec. 571. Warrant officers: grades

-STATUTE-

(a) The regular warrant officer grades in the armed forces

corresponding to the pay grades prescribed for warrant officers by

section 201(b) of title 37 are as follows:

Warrant officer grade:

Chief warrant officer, W-5.

Chief warrant officer, W-4.

Chief warrant officer, W-3.

Chief warrant officer, W-2.

Warrant officer, W-1.

(b) Appointments in the grade of regular warrant officer, W-1,

shall be made by warrant by the Secretary concerned. Appointments

in regular chief warrant officer grades shall be made by commission

by the President.

(c) An appointment may not be made in any of the armed forces in

the regular warrant officer grade of chief warrant officer, W-5, if

the appointment would result in more than 5 percent of the warrant

officers of that armed force on active duty being in the grade of

chief warrant officer, W-5. In computing the limitation prescribed

in the preceding sentence, there shall be excluded warrant officers

described in section 582 of this title.

-SOURCE-

(Added Pub. L. 102-190, div. A, title XI, Sec. 1112(a), Dec. 5,

1991, 105 Stat. 1493; amended Pub. L. 102-484, div. A, title X,

Sec. 1052(2), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103-337, div.

A, title V, Sec. 541(a)(2), Oct. 5, 1994, 108 Stat. 2764.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 555 of this title prior to repeal by Pub. L. 102-190, Sec.

1112(a).

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-337 substituted ''armed forces''

for ''Army, Navy, Air Force, and Marine Corps''.

1992 - Subsec. (a). Pub. L. 102-484 inserted a period at end of

each item in table.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 541(h) of Pub. L. 103-337 provided that: ''This section

(enacting section 215 of Title 14, Coast Guard, amending this

section, sections 573 to 576, 580, 580a, 581, and 583 of this

title, and sections 41, 214, 286a, and 334 of Title 14, repealing

sections 212 and 213 of Title 14, enacting provisions set out as

notes under this section, and repealing a provision set out as a

note under former section 555 of this title) and the amendments

made by this section shall take effect on the first day of the

fourth month beginning after the date of the enactment of this Act

(Oct. 5, 1994).''

EFFECTIVE DATE

Chapter effective Feb. 1, 1992, see section 1132 of Pub. L.

102-190, set out as an Effective Date of 1991 Amendment note under

section 521 of this title.

SHORT TITLE

Section 1101 of title XI of Pub. L. 102-190 provided that: ''This

title (enacting this chapter and section 742 of this title,

amending sections 521, 522, 597, 598 (now 12242), 603, 628, 644,

741, 1166, 1174, 1305, 1406, 5414, 5457, 5458, 5501 to 5503, 5596,

5600, 5665, 6389, and 6391 of this title, sections 286a and 334 of

Title 14, Coast Guard, and sections 201, 301, 301c, 305a, and 406

of Title 37, Pay and Allowances of the Uniformed Services,

repealing sections 555 to 565, 602, and 745 of this title, and

enacting provisions set out as notes under this section, sections

521 and 555 of this title, and section 1009 of Title 37) may be

cited as the 'Warrant Officer Management Act'.''

TRANSITION AND SAVINGS PROVISIONS

Section 541(c), (d) of Pub. L. 103-337, as amended by Pub. L.

104-106, div. A, title XV, Sec. 1504(a)(3), Feb. 10, 1996, 110

Stat. 513, provided that:

''(c) Transition for Certain Regular Warrant Officers Serving in

a Higher Temporary Grade Below Chief Warrant Officer, W-5. - (1) A

regular warrant officer of the Coast Guard who on the effective

date of this section (see Effective Date of 1994 Amendment note

above) is on active duty and -

''(A) is serving in a temporary grade below chief warrant

officer, W-5, that is higher than that warrant officer's

permanent grade;

''(B) is on a list of officers recommended for promotion to a

temporary grade below chief warrant officer, W-5; or

''(C) is on a list of officers recommended for promotion to a

permanent grade higher than the grade in which that warrant

officer is serving;

shall be considered to have been recommended by a board convened

under section 573 of title 10, United States Code, as amended by

subsection (b), for promotion to the permanent grade equivalent to

the grade in which that warrant officer is serving or for which

that warrant officer has been recommended for promotion, as the

case may be.

''(2) An officer referred to in subparagraph (A) of paragraph (1)

who is not promoted to the grade to which that warrant officer is

considered under such subsection to have been recommended for

promotion because that officer's name is removed from a list of

officers who are considered under such paragraph to have been

recommended for promotion shall be considered by a board convened

under section 573 of title 10, United States Code, as amended by

subsection (b), for promotion to the permanent grade equivalent to

the temporary grade in which that warrant officer was serving on

the effective date of this section as if that warrant officer were

serving in the permanent grade.

''(3) The date of rank of an officer referred to in paragraph

(1)(A) who is promoted to the grade in which that warrant officer

is serving on the effective date of this section is the date of

that officer's temporary appointment in that grade.

''(d) Transition for Certain Reserve Warrant Officers Serving in

a Higher Temporary Grade Below Chief Warrant Officer, W-5. - (1)(A)

Except as provided in paragraph (2), a reserve warrant officer of

the Coast Guard who on the effective date of this section (see

Effective Date of 1994 Amendment note above) is subject to

placement on the warrant officer active-duty list and who -

''(i) is serving in a temporary grade below chief warrant

officer, W-5, that is higher than that warrant officer's

permanent grade; or

''(ii) is on a list of warrant officers recommended for

promotion to a temporary grade below chief warrant officer, W-5,

that is the same as or higher than that warrant officer's

permanent grade;

shall be considered to have been recommended by a board convened

under section 598 (now 12242) of title 10, United States Code, for

promotion to the permanent grade equivalent to the grade in which

the warrant officer is serving or for which that warrant officer

has been recommended for promotion, as the case may be.

''(B) The date of rank of a warrant officer referred to in

subparagraph (A)(i) who is promoted to the grade in which that

warrant officer is considered under such subparagraph to have been

recommended for promotion is the date of the temporary appointment

of that warrant officer in that grade.

''(2) A reserve warrant officer of the Coast Guard who on the

effective date of this section -

''(A) is subject to placement on the warrant officer

active-duty list;

''(B) is serving on active duty in a temporary grade; and

''(C) holds a permanent grade higher than the temporary grade

in which that warrant officer is serving;

shall while continuing on active duty retain such temporary grade

and shall be considered for promotion to a grade equal to or lower

than the permanent grade as if such temporary grade is a permanent

grade. If such warrant officer is recommended for promotion, the

appointment of that warrant officer to such grade shall be a

temporary appointment.''

Part B (Sec. 1121-1124) of title XI of Pub. L. 102-190 provided

that:

''SEC. 1121. TRANSITION FOR CERTAIN REGULAR WARRANT OFFICERS

SERVING IN A HIGHER TEMPORARY GRADE BELOW CHIEF WARRANT

OFFICER, W-5.

''(a) Certain Officers To Be Considered as Recommended for

Promotion. - A regular warrant officer of the Armed Forces (other

than the Coast Guard) who on the effective date of this title (Feb.

1, 1992) is on active duty and -

''(1) is serving in a temporary grade below chief warrant

officer, W-5, that is higher than his permanent grade;

''(2) is on a list of officers recommended for promotion to a

temporary grade below chief warrant officer, W-5; or

''(3) is on a list of officers recommended for promotion to a

permanent grade higher than the grade in which he is serving;

shall be considered to have been recommended by a board convened

under section 573 of title 10, United States Code, as added by this

title, for promotion to the permanent grade equivalent to the grade

in which he is serving or for which he has been recommended for

promotion, as the case may be.

''(b) Board Consideration for Officers Removed From Promotion

List. - An officer referred to in paragraph (1) of subsection (a)

who is not promoted to the grade to which he is considered under

such subsection to have been recommended for promotion because his

name is removed from a list of officers who are considered under

such paragraph to have been recommended for promotion shall be

considered by a board convened under section 573 of title 10,

United States Code, as amended by this title, for promotion to the

permanent grade equivalent to the temporary grade in which he was

serving on the effective date of this title as if he were serving

in his permanent grade.

''(c) Date of Rank. - The date of rank of an officer referred to

in subsection (a)(1) who is promoted to the grade in which he is

serving on the effective date of this title is the date of his

temporary appointment in that grade.

''SEC. 1122. TRANSITION FOR CERTAIN RESERVE WARRANT OFFICERS

SERVING IN A HIGHER TEMPORARY GRADE BELOW CHIEF WARRANT

OFFICER, W-5.

''(a) Certain Officers To Be Considered as Recommended for

Promotion. - (1) Except as provided in subsection (b), a reserve

warrant officer of the Armed Forces (other than the Coast Guard)

who on the effective date of this title (Feb. 1, 1992) is subject

to placement on the warrant officer active-duty list and who -

''(A) is serving in a temporary grade below chief warrant

officer, W-5, that is higher than his permanent grade; or

''(B) is on a list of warrant officers recommended for

promotion to a temporary grade below chief warrant officer, W-5,

that is the same as or higher than his permanent grade;

shall be considered to have been recommended by a board convened

under section 598 (now 12242) of title 10, United States Code, for

promotion to the permanent grade equivalent to the grade in which

he is serving or for which he has been recommended for promotion,

as the case may be.

''(2) The date of rank of a warrant officer referred to in

paragraph (1)(A) who is promoted to the grade in which he is

considered under such paragraph to have been recommended for

promotion is the date of his temporary appointment in that grade.

''(b) Reserves on Active Duty. - A reserve warrant officer who on

the effective date of this title -

''(1) is subject to placement on the warrant officer

active-duty list;

''(2) is serving on active duty in a temporary grade; and

''(3) holds a permanent grade higher than the temporary grade

in which he is serving,

shall while continuing on active duty retain such temporary grade

and shall be considered for promotion to a grade equal to or lower

than his permanent grade as if such temporary grade is a permanent

grade. If such warrant officer is recommended for promotion, his

appointment to such grade shall be a temporary appointment.

''SEC. 1123. CONTINUATION OF CERTAIN TEMPORARY APPOINTMENTS OF NAVY

AND MARINE CORPS WARRANT OFFICERS.

''A warrant officer of the Navy or Marine Corps who, on the

effective date of this title (Feb. 1, 1992), is subject to

placement on the warrant officer active-duty list and who -

''(1) was appointed as a temporary warrant officer under

section 5596 of title 10, United States Code, and

''(2) has retained a permanent enlisted status,

shall, while continuing on active duty, retain such temporary

status and grade. Such an officer shall be considered for

promotion to a higher warrant officer grade under this title (see

Short Title note above) as if that temporary grade is a permanent

grade. If the officer is recommended for promotion, the officer's

appointment to that grade shall be a temporary appointment.

''SEC. 1124. SAVINGS PROVISION FOR CERTAIN REGULAR ARMY WARRANT

OFFICERS FACING MANDATORY RETIREMENT FOR LENGTH OF SERVICE.

''(a) Savings Provision. - Subject to subsection (b), a regular

warrant officer of the Army who on the effective date of this title

(Feb. 1, 1992) -

''(1) is a permanent regular chief warrant officer; or

''(2) is on a list of officers recommended for promotion to a

regular chief warrant officer grade,

may be retained on active duty until he completes 30 years of

active service or 24 years of active warrant officer service,

whichever is later, that could be credited to him under section 511

of the Career Compensation Act of 1949 (70 Stat. 114) (set out as a

note under section 580 of this title) (as in effect on the day

before the effective date of this part (Feb. 1, 1992)), and then be

retired under the appropriate provision of title 10, United States

Code, on the first day of the month after the month in which he

completes that service.

''(b) Exceptions. - Subsection (a) does not apply to a regular

warrant officer who -

''(1) is sooner retired or separated under another provision of

law;

''(2) is promoted to the regular grade of chief warrant

officer, W-5; or

''(3) is continued on active duty under section 580(e) of title

10, United States Code, as added by this title.''

ESTABLISHMENT OF PERMANENT GRADE OF CHIEF WARRANT OFFICER, W-5

Section 541(a)(1) of Pub. L. 103-337 provided that: ''The grade

of chief warrant officer, W-5, is hereby established in the Coast

Guard.''

(For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.)

Section 1111(a) of Pub. L. 102-190 provided that: ''The grade of

chief warrant officer, W-5, is hereby established in the Army,

Navy, Air Force, and Marine Corps.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12241 of this title.

-CITE-

10 USC Sec. 572 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33A - APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION

AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY

LIST

-HEAD-

Sec. 572. Warrant officers: original appointment; service credit

-STATUTE-

For the purposes of promotion, persons originally appointed in

regular or reserve warrant officer grades shall be credited with

such service as the Secretary concerned may prescribe. However,

such a person may not be credited with a period of service greater

than the period of active service performed in the grade, or pay

grade corresponding to the grade, in which so appointed, or in any

higher grade or pay grade.

-SOURCE-

(Added Pub. L. 102-190, div. A, title XI, Sec. 1112(a), Dec. 5,

1991, 105 Stat. 1493.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 556 of this title prior to repeal by Pub. L. 102-190, Sec.

1112(a).

-CITE-

10 USC Sec. 573 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33A - APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION

AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY

LIST

-HEAD-

Sec. 573. Convening of selection boards

-STATUTE-

(a)(1) Whenever the Secretary concerned determines that the needs

of the service so require, he shall convene a selection board to

recommend for promotion to the next higher warrant officer grade

warrant officers on the warrant officer active-duty list who are in

the grade of chief warrant officer, W-2, chief warrant officer,

W-3, or chief warrant officer, W-4.

(2) Warrant officers serving on the warrant officer active-duty

list in the grade of warrant officer, W-1, shall be promoted to the

grade of chief warrant officer, W-2, in accordance with regulations

prescribed by the Secretary concerned. Such regulations shall

require that an officer have served not less than 18 months on

active duty in the grade of warrant officer, W-1, before promotion

to the grade of warrant officer, W-2.

(b) A selection board shall consist of five or more officers who

are on the active-duty list of the same armed force as the warrant

officers under consideration by the board. At least five members

of a selection board must be serving in a permanent grade above

major or lieutenant commander. The Secretary concerned may appoint

warrant officers, senior in grade to those under consideration, as

additional members of the selection board. If warrant officers are

appointed members of the selection board and if competitive

categories have been established by the Secretary under section

574(b) of this title, at least one must be appointed from each

warrant officer competitive category under consideration by the

board, unless there is an insufficient number of warrant officers

in the competitive category concerned who are senior in grade to

those under consideration and qualified, as determined by the

Secretary concerned, to be appointed as additional members of the

board.

(c) The Secretary concerned may convene selection boards to

recommend regular warrant officers for continuation on active duty

under section 580 of this title and for retirement under section

581 of this title.

(d) When reserve warrant officers of one of the armed forces are

to be considered by a selection board convened under subsection

(a), the membership of the board shall, if practicable, include at

least one reserve officer of that armed force, with the exact

number of reserve officers to be determined by the Secretary

concerned.

(e) No officer may serve on two consecutive boards under this

section, if the second board considers any warrant officer who was

considered by the first board.

(f) The Secretary concerned shall prescribe all other matters

relating to the functions and duties of the boards, including the

number of members constituting a quorum, and instructions

concerning notice of convening of boards and communications with

boards.

-SOURCE-

(Added Pub. L. 102-190, div. A, title XI, Sec. 1112(a), Dec. 5,

1991, 105 Stat. 1493; amended Pub. L. 103-337, div. A, title V,

Sec. 541(b)(1), Oct. 5, 1994, 108 Stat. 2764; Pub. L. 104-106,

div. A, title XV, Sec. 1503(a)(5), Feb. 10, 1996, 110 Stat. 511.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 558 of this title prior to repeal by Pub. L. 102-190, Sec.

1112(a).

AMENDMENTS

1996 - Subsec. (a)(2). Pub. L. 104-106 substituted ''active-duty

list'' for ''active duty list''.

1994 - Subsec. (a)(1). Pub. L. 103-337, Sec. 541(b)(1)(A),

substituted ''Secretary concerned'' for ''Secretary of a military

department''.

Subsec. (a)(2). Pub. L. 103-337, Sec. 541(b)(1)(B), struck out

''of the military department'' after ''Secretary''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective on the first day of the

fourth month beginning after Oct. 5, 1994, see section 541(h) of

Pub. L. 103-337, set out as a note under section 571 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 574, 575, 576, 577, 580,

580a, 581, 583, 1558 of this title.

-CITE-

10 USC Sec. 574 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33A - APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION

AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY

LIST

-HEAD-

Sec. 574. Warrant officer active-duty lists; competitive

categories; number to be recommended for promotion; promotion

zones

-STATUTE-

(a) The Secretary concerned shall maintain for each armed force

under the jurisdiction of that Secretary a single list of all

warrant officers (other than warrant officers described in section

582 of this title) who are on active duty.

(b) The Secretary concerned may establish competitive categories

for promotion. Warrant officers in the same competitive category

shall compete among themselves for promotion.

(c) Before convening a selection board under section 573 of this

title, the Secretary concerned shall determine for each grade (or

grade and competitive category) to be considered by the board the

following:

(1) The maximum number of warrant officers to be recommended

for promotion.

(2) A promotion zone for warrant officers on the warrant

officer active-duty list.

(d) The position of a warrant officer on the warrant officer

active-duty list shall be determined as follows:

(1) Warrant officers shall be carried in the order of seniority

of the grade in which they are serving on active duty.

(2) Warrant officers serving in the same grade shall be carried

in the order of their rank in that grade.

(3) A warrant officer on the warrant officer active-duty list

who receives a temporary appointment or a temporary assignment in

a grade other than a warrant officer grade or chief warrant

officer grade shall retain his position on the warrant officer

active-duty list while so serving.

(e) A chief warrant officer may not be considered for promotion

to the next higher grade under this chapter until the officer has

completed two years of service on active duty in the grade in which

the officer is serving.

-SOURCE-

(Added Pub. L. 102-190, div. A, title XI, Sec. 1112(a), Dec. 5,

1991, 105 Stat. 1494; amended Pub. L. 102-484, div. A, title X,

Sec. 1052(3), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103-337, div.

A, title V, Sec. 541(b)(2), Oct. 5, 1994, 108 Stat. 2764; Pub. L.

104-201, div. A, title V, Sec. 506(a), Sept. 23, 1996, 110 Stat.

2512.)

-MISC1-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-201 substituted ''two years of

service'' for ''three years of service''.

1994 - Subsecs. (a), (b). Pub. L. 103-337 substituted ''Secretary

concerned'' for ''Secretary of each military department''.

1992 - Subsec. (d)(3). Pub. L. 102-484 substituted ''active-duty

list'' for ''active duty list'' before ''while''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective on the first day of the

fourth month beginning after Oct. 5, 1994, see section 541(h) of

Pub. L. 103-337, set out as a note under section 571 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 573, 575, 576 of this

title.

-CITE-

10 USC Sec. 575 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33A - APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION

AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY

LIST

-HEAD-

Sec. 575. Recommendations for promotion by selection boards

-STATUTE-

(a) A selection board convened under section 573(a) of this title

shall recommend for promotion to the next higher grade those

warrant officers considered by the board whom the board, giving due

consideration to the needs of the armed force concerned for warrant

officers with particular skills, considers best qualified for

promotion within each grade (or grade and competitive category)

considered by the board.

(b)(1) In the case of a selection board to consider warrant

officers for selection for promotion to the grade of chief warrant

officer, W-3, chief warrant officer, W-4, or chief warrant officer,

W-5, the Secretary concerned shall establish the number of warrant

officers that the selection board may recommend from among warrant

officers being considered from below the promotion zone within each

grade (or grade and competitive category). The number of warrant

officers recommended for promotion from below the promotion zone

does not increase the maximum number of warrant officers which the

board is authorized under section 574 of this title to recommend

for promotion.

(2) The number of officers recommended for promotion from below

the promotion zone may not exceed 10 percent of the total number

recommended, except that the Secretary of Defense and the Secretary

of Homeland Security, when the Coast Guard is not operating as a

service in the Navy, may authorize such percentage to be increased

to not more than 15 percent. If the number determined under this

subsection with respect to a promotion zone within a grade (or

grade and competitive category) is less than one, the board may

recommend one such officer for promotion from below the zone within

that grade (or grade and competitive category).

(c) A selection board convened under section 573(a) of this title

may not recommend a warrant officer for promotion unless -

(1) the officer receives the recommendation of a majority of

the members of the board; and

(2) a majority of the members of the board find that the

officer is fully qualified for promotion.

(d) Each time a selection board is convened under section 573(a)

of this title to consider warrant officers in a competitive

category for promotion to the next higher grade, each warrant

officer in the promotion zone, and each warrant officer above the

promotion zone, for the grade and competitive category under

consideration (except for a warrant officer precluded from

consideration under regulations prescribed by the Secretary

concerned under section 577 of this title) shall be considered for

promotion.

-SOURCE-

(Added Pub. L. 102-190, div. A, title XI, Sec. 1112(a), Dec. 5,

1991, 105 Stat. 1495; amended Pub. L. 103-337, div. A, title V,

Sec. 501(a), 541(b)(3), Oct. 5, 1994, 108 Stat. 2748, 2764; Pub. L.

104-201, div. A, title V, Sec. 506(b), Sept. 23, 1996, 110 Stat.

2512; Pub. L. 106-65, div. A, title V, Sec. 505, Oct. 5, 1999, 113

Stat. 591; Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25,

2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(2). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

1999 - Subsec. (b)(2). Pub. L. 106-65 inserted at end ''If the

number determined under this subsection with respect to a promotion

zone within a grade (or grade and competitive category) is less

than one, the board may recommend one such officer for promotion

from below the zone within that grade (or grade and competitive

category).''

1996 - Subsec. (b)(1). Pub. L. 104-201 inserted ''chief warrant

officer, W-3,'' after ''promotion to the grade of'' in first

sentence.

1994 - Subsec. (b)(2). Pub. L. 103-337, Sec. 541(b)(3), inserted

''and the Secretary of Transportation, when the Coast Guard is not

operating as a service in the Navy,'' after ''Secretary of

Defense''.

Subsec. (d). Pub. L. 103-337, Sec. 501(a), inserted ''(except for

a warrant officer precluded from consideration under regulations

prescribed by the Secretary concerned under section 577 of this

title)'' after ''under consideration''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 541(b)(3) of Pub. L. 103-337 effective on

the first day of the fourth month beginning after Oct. 5, 1994, see

section 541(h) of Pub. L. 103-337, set out as a note under section

571 of this title.

-CITE-

10 USC Sec. 576 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33A - APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION

AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY

LIST

-HEAD-

Sec. 576. Information to be furnished to selection boards;

selection procedures

-STATUTE-

(a) The Secretary concerned shall furnish to each selection board

convened under section 573 of this title the following:

(1) The maximum number of warrant officers that may be

recommended for promotion from those serving in any grade (or

grade and competitive category) to be considered, as determined

in accordance with section 574 of this title.

(2) The names and pertinent records of all officers in each

grade (or grade and competitive category) to be considered.

(3) Such information or guidelines relating to the needs of the

armed force concerned for warrant officers having particular

skills, including guidelines or information relating to the need

for either a minimum number or a maximum number of officers with

particular skills within a grade or competitive category, as the

Secretary concerned determines to be relevant in relation to the

requirements of that armed force.

(b) From each promotion zone for a grade (or grade and

competitive category), the selection board shall recommend for

promotion to the next higher warrant officer grade those warrant

officers whom it considers best qualified for promotion, but no

more than the number specified by the Secretary concerned.

(c) The names of warrant officers selected for promotion under

this section shall be arranged in the board's report in order of

the seniority on the warrant officer active-duty list.

(d) Under such regulations as the Secretary concerned may

prescribe, the selection board shall report the names of those

warrant officers considered by it whose records establish, in its

opinion, their unfitness or unsatisfactory performance. A regular

warrant officer whose name is so reported shall be considered,

under regulations provided by the Secretary concerned, for

retirement or separation under section 1166 of this title.

(e) The report of the selection board shall be submitted to the

Secretary concerned. The Secretary may approve or disapprove all

or part of the report.

(f)(1) Upon receipt of the report of a selection board submitted

to him under subsection (e), the Secretary concerned shall review

the report to determine whether the board has acted contrary to law

or regulation or to guidelines furnished the board under this

section.

(2) If, on the basis of a review of the report under paragraph

(1), the Secretary concerned determines that the board acted

contrary to law or regulation or to guidelines furnished the board

under this section, the Secretary shall return the report, together

with a written explanation of the basis for such determination, to

the board for further proceedings. Upon receipt of a report

returned by the Secretary concerned under this paragraph, the

selection board (or a subsequent selection board convened under

section 573 of this title for the same grade and competitive

category) shall conduct such proceedings as may be necessary in

order to revise the report to be consistent with law, regulation,

and such guidelines and shall resubmit the report, as revised, to

the Secretary in accordance with subsection (e).

-SOURCE-

(Added Pub. L. 102-190, div. A, title XI, Sec. 1112(a), Dec. 5,

1991, 105 Stat. 1496; amended Pub. L. 103-337, div. A, title V,

Sec. 501(b), 541(b)(4), Oct. 5, 1994, 108 Stat. 2748, 2764.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 560 of this title prior to repeal by Pub. L. 102-190, Sec.

1112(a).

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-337, Sec. 541(b)(4)(A), struck

out ''of the military department'' after ''The Secretary'' in

introductory provisions.

Subsec. (e). Pub. L. 103-337, Sec. 541(b)(4)(B), struck out ''of

the military department'' after ''submitted to the Secretary''.

Subsec. (f)(1). Pub. L. 103-337, Sec. 501(b), struck out after

first sentence ''Following such review, unless the Secretary

concerned makes a determination as described in paragraph (2), the

Secretary shall submit the report as required by subsection (e).''

Subsec. (f)(2). Pub. L. 103-337, Sec. 541(b)(4)(C), struck out

''of the military department'' after ''paragraph (1), the

Secretary''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 541(b)(4) of Pub. L. 103-337 effective on

the first day of the fourth month beginning after Oct. 5, 1994, see

section 541(h) of Pub. L. 103-337, set out as a note under section

571 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 580, 628, 1166 of this

title.

-CITE-

10 USC Sec. 577 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33A - APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION

AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY

LIST

-HEAD-

Sec. 577. Promotions: effect of failure of selection for

-STATUTE-

A warrant officer who has been considered for promotion by a

selection board convened under section 573 of this title, but not

selected, shall be considered for promotion by each subsequent

selection board that considers officers in his grade (or grade and

competitive category) until he is retired or separated or he is

selected for promotion. However, the Secretary concerned may, by

regulation, preclude from consideration by a selection board by

which he would otherwise be eligible to be considered, a warrant

officer who has an established separation date that is within 90

days after the date on which the board is convened.

-SOURCE-

(Added Pub. L. 102-190, div. A, title XI, Sec. 1112(a), Dec. 5,

1991, 105 Stat. 1497.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 561 of this title prior to repeal by Pub. L. 102-190, Sec.

1112(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 575 of this title.

-CITE-

10 USC Sec. 578 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33A - APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION

AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY

LIST

-HEAD-

Sec. 578. Promotions: how made; effective date

-STATUTE-

(a) When the report of a selection board convened under this

chapter is approved by the Secretary concerned, the Secretary shall

place the names of the warrant officers approved for promotion on a

single promotion list for each grade (or grade and competitive

category), in the order of the seniority of such officers on the

warrant officer active-duty list.

(b) Promotions of warrant officers on the warrant officer

promotion list shall be made when, in accordance with regulations

issued by the Secretary concerned, additional warrant officers in

that grade (or grade and competitive category), are needed.

(c) A regular warrant officer who is promoted is appointed in the

regular grade to which promoted, and a reserve warrant officer who

is promoted is appointed in the reserve grade to which promoted.

The date of appointment in that grade and date of rank shall be

prescribed by the Secretary concerned. A warrant officer is

entitled to the pay and allowances for the grade to which appointed

from the date specified in the appointment order.

(d) Promotions shall be made in the order in which the names of

warrant officers appear on the promotion list and after warrant

officers previously selected for promotion in the applicable grade

(or grade and competitive category) have been promoted.

(e) A warrant officer who is appointed to a higher grade under

this section is considered to have accepted such appointment on the

date on which the appointment is made unless the officer expressly

declines the appointment.

(f) A warrant officer who has served continuously as an officer

since subscribing to the oath of office prescribed in section 3331

of title 5 is not required to take a new oath upon appointment to a

higher grade under this section.

-SOURCE-

(Added Pub. L. 102-190, div. A, title XI, Sec. 1112(a), Dec. 5,

1991, 105 Stat. 1497; amended Pub. L. 102-484, div. A, title X,

Sec. 1052(4), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103-337, div.

A, title V, Sec. 501(c), Oct. 5, 1994, 108 Stat. 2748.)

-MISC1-

AMENDMENTS

1994 - Subsecs. (e), (f). Pub. L. 103-337 added subsecs. (e) and

(f).

1992 - Pub. L. 102-484 substituted ''Promotions:'' for

''Promotions;'' in section catchline.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 628 of this title.

-CITE-

10 USC Sec. 579 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33A - APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION

AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY

LIST

-HEAD-

Sec. 579. Removal from a promotion list

-STATUTE-

(a) The name of a warrant officer recommended for promotion by a

selection board convened under this chapter may be removed from the

report of the selection board by the President.

(b) The Secretary concerned may remove the name of a warrant

officer who is on a promotion list as a result of being recommended

for promotion by a selection board convened under this chapter at

any time before the promotion is effective.

(c) An officer whose name is removed from the list of officers

recommended for promotion by a selection board continues to be

eligible for consideration for promotion.

(d) If the next selection board that considers the warrant

officer for promotion under this chapter selects the warrant

officer for promotion and the warrant officer is promoted, the

Secretary concerned may, upon his promotion, grant him the same

effective date for pay and allowances and the same date of rank,

and the same position on the warrant officer active-duty list as

the warrant officer would have had if his name had not been so

removed.

(e) If the next selection board does not select the warrant

officer for promotion, or if his name is again removed under

subsection (a) from the list of officers recommended for promotion

by the selection board or under subsection (b) from the warrant

officer promotion list, he shall be treated for all purposes as if

he has twice failed of selection for promotion.

-SOURCE-

(Added Pub. L. 102-190, div. A, title XI, Sec. 1112(a), Dec. 5,

1991, 105 Stat. 1497.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 562 of this title prior to repeal by Pub. L. 102-190, Sec.

1112(a).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 580 of this title.

-CITE-

10 USC Sec. 580 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33A - APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION

AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY

LIST

-HEAD-

Sec. 580. Regular warrant officers twice failing of selection for

promotion: involuntary retirement or separation

-STATUTE-

(a)(1) Unless retired or separated sooner under some other

provision of law, a regular chief warrant officer who has twice

failed of selection for promotion to the next higher regular

warrant officer grade shall be retired under paragraph (2) or (3)

or separated from active duty under paragraph (4).

(2) If a warrant officer described in paragraph (1) has more than

20 years of creditable active service on (A) the date on which the

Secretary concerned approves the report of the board under section

576(e) of this title, or (B) the date on which his name was removed

from the recommended list under section 579 of this title,

whichever applies, the warrant officer shall be retired. The date

of such retirement shall be not later than the first day of the

seventh calendar month beginning after the applicable date under

the preceding sentence, except as provided by section 8301 of title

5. A warrant officer retired under this paragraph shall receive

retired pay computed under section 1401 of this title.

(3) If a warrant officer described in paragraph (1) has at least

18 but not more than 20 years of creditable active service on (A)

the date on which the Secretary concerned approves the report of

the board under section 576(e) of this title, or (B) the date on

which his name was removed from the recommended list under section

579 of this title, whichever applies, the warrant officer shall be

retired not later than the date determined under the next sentence

unless he is selected for promotion to the next higher regular

warrant officer grade before that date. The date of the retirement

of a warrant officer under the preceding sentence shall be on a

date specified by the Secretary concerned, but not later than the

first day of the seventh calendar month beginning after the date

upon which he completes 20 years of active service, except as

provided by section 8301 of title 5. A warrant officer retired

under this paragraph shall receive retired pay computed under

section 1401 of this title.

(4)(A) If a warrant officer described in paragraph (1) has less

than 18 years of creditable active service on (i) the date on which

the Secretary concerned approves the report of the board under

section 576(e) of this title, or (ii) the date on which his name

was removed from the recommended list under section 579 of this

title, whichever applies, the warrant officer shall be separated

(except as provided in subparagraph (C)). The date of such

separation shall be not later than the first day of the seventh

calendar month beginning after the applicable date under the

preceding sentence.

(B) A warrant officer separated under this paragraph shall

receive separation pay computed under section 1174 of this title,

or severance pay computed under section 286a of title 14, as

appropriate, except in a case in which -

(i) upon his request and in the discretion of the Secretary

concerned, he is enlisted in the grade prescribed by the

Secretary; or

(ii) he is serving on active duty in a grade above chief

warrant officer, W-5, and he elects, with the consent of the

Secretary concerned, to remain on active duty in that status.

(C) If on the date on which a warrant officer is to be separated

under subparagraph (A) the warrant officer has at least 18 years of

creditable active service, the warrant officer shall be retained on

active duty until retired under paragraph (3) in the same manner as

if the warrant officer had had at least 18 years of service on the

applicable date under subparagraph (A) or (B) of that paragraph.

(5) A warrant officer who is subject to retirement or discharge

under this subsection is not eligible for further consideration for

promotion.

(6) In this subsection, the term ''creditable active service''

means active service that could be credited to a warrant officer

under section 511 of the Career Compensation Act of 1949, as

amended (70 Stat. 114).

(b) The Secretary concerned may defer, for not more than four

months, the retirement or separation under this section of a

warrant officer if, because of unavoidable circumstances,

evaluation of his physical condition and determination of his

entitlement to retirement or separation for physical disability

require hospitalization or medical observation that cannot be

completed before the date on which he would otherwise be required

to retire or be separated under this section.

(c) The Secretary concerned may defer, until such date as he

prescribes, the retirement under subsection (a) of a warrant

officer who is serving on active duty in a grade above chief

warrant officer, W-5, and who elects to continue to so serve.

(d) If a warrant officer who also holds a grade above chief

warrant officer, W-5, is retired or separated under subsection (a),

his commission in the higher grade shall be terminated on the date

on which he is so retired or separated.

(e)(1) A regular warrant officer subject to discharge or

retirement under this section may, subject to the needs of the

service, be continued on active duty if he is selected for

continuation on active duty by a selection board convened under

section 573(c) of this title.

(2) A warrant officer who is selected for continuation on active

duty under this subsection but declines to continue on active duty

shall be discharged, retired, or retained on active duty, as

appropriate, in accordance with this section.

(3) Each warrant officer who is continued on active duty under

this subsection, not subsequently promoted or continued on active

duty, and not on a list of warrant officers recommended for

continuation or for promotion to the next higher regular grade

shall, unless sooner retired or discharged under another provision

of law -

(A) be discharged upon the expiration of his period of

continued service; or

(B) if he is eligible for retirement under any provision of

law, be retired under that law on the first day of the first

month following the month in which he completes his period of

continued service.

Notwithstanding subparagraph (A), a warrant officer who would

otherwise be discharged under such subparagraph and who is within

two years of qualifying for retirement under section 1293 of this

title shall, unless he is sooner retired or discharged under some

other provision of law, be retained on active duty until he is

qualified for retirement under that section and then be retired.

(4) The retirement or discharge of a warrant officer pursuant to

this subsection shall be considered to be an involuntary retirement

or discharge for purposes of any other provision of law.

(5) Continuation of a warrant officer on active duty under this

subsection pursuant to the action of a selection board convened

under section 573(c) of this title is subject to the approval of

the Secretary concerned.

(6) The Secretary of Defense and the Secretary of Homeland

Security, when the Coast Guard is not operating as a service in the

Navy, shall prescribe regulations for the administration of this

subsection.

-SOURCE-

(Added Pub. L. 102-190, div. A, title XI, Sec. 1112(a), Dec. 5,

1991, 105 Stat. 1498; amended Pub. L. 103-160, div. A, title V,

Sec. 505(a), Nov. 30, 1993, 107 Stat. 1645; Pub. L. 103-337, div.

A, title V, Sec. 541(b)(5), Oct. 5, 1994, 108 Stat. 2765; Pub. L.

107-296, title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat.

2314.)

-REFTEXT-

REFERENCES IN TEXT

Section 511 of the Career Compensation Act of 1949, referred to

in subsec. (a)(6), is set out below.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

section 564 of this title prior to repeal by Pub. L. 102-190, Sec.

1112(a).

AMENDMENTS

2002 - Subsec. (e)(6). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

1994 - Subsec. (a)(4)(B). Pub. L. 103-337, Sec. 541(b)(5)(A),

inserted '', or severance pay computed under section 286a of title

14, as appropriate,'' after ''section 1174 of this title''.

Subsec. (e)(6). Pub. L. 103-337, Sec. 541(b)(5)(B), inserted

''and the Secretary of Transportation, when the Coast Guard is not

operating as a service in the Navy,'' after ''Secretary of

Defense''.

1993 - Subsec. (a)(4)(A). Pub. L. 103-160, Sec. 505(a)(1),

inserted ''(except as provided in subparagraph (C))'' after ''shall

be separated''.

Subsec. (a)(4)(C). Pub. L. 103-160, Sec. 505(a)(2), added subpar.

(C).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective on the first day of the

fourth month beginning after Oct. 5, 1994, see section 541(h) of

Pub. L. 103-337, set out as a note under section 571 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 505(b) of Pub. L. 103-160 provided that: ''The amendments

made by subsection (a) (amending this section) shall apply to

warrant officers who have not been separated pursuant to section

580(a)(4) of title 10, United States Code, before the date of

enactment of this Act (Nov. 30, 1993).''

RETIRED AND RETAINER PAY OF MEMBERS ON RETIRED LISTS OR RECEIVING

RETAINER PAY

Section 511 of act Oct. 12, 1949, ch. 681, title V, 63 Stat. 829,

as amended May 19, 1952, ch. 310, Sec. 4, 66 Stat. 80; Apr. 23,

1956, ch. 208, Sec. 1, 70 Stat. 114, provided that: ''On and after

the effective date of this section (Oct. 1, 1949) (1) members of

the uniformed services heretofore retired for reasons other than

for physical disability, (2) members heretofore transferred to the

Fleet Reserve or the Fleet Marine Corps Reserve, and (3) members of

the Army Nurse Corps or the Navy Nurse Corps heretofore retired

under the Act of May 13, 1926 (44 Stat. 513), shall be entitled to

receive retired pay, retirement pay, retainer pay, or equivalent

pay, in the amount whichever is the greater, computed by one of the

following methods: (a) The monthly retired pay, retainer pay, or

equivalent pay in the amount authorized for such members and former

members by provisions of law in effect on the day immediately

preceding the date of enactment of this Act (Oct. 12, 1949), or (b)

monthly retired pay, retirement pay, retainer pay, or equivalent

pay equal to 2 1/2 per centum of the monthly basic pay of the

highest federally recognized rank, grade, or rating, whether under

a permanent or temporary appointment, satisfactorily held, by such

member or former member, as determined by the Secretary concerned,

and which such member, former member, or person would be entitled

to receive if serving on active duty in such rank, grade, or

rating, multiplied by the number of years of active service

creditable to him: Provided, That for the purpose of the

computation of (b) above, the retired or retirement pay of each

commissioned officer of the Coast Guard who, upon retirement, was

advanced one grade pursuant to the provisions of the Act of January

12, 1923 (Public Law 381, Sixty-seventh Congress), shall, unless a

higher rank or grade is authorized by any provision of law, be

based upon the commissioned officer grade authorized for such

officer by such Act: Provided further, That for the purpose of the

computation of (b) above, fractions of one-half year or more of

active service shall be counted as a whole year: Provided further,

That in no case shall such retired pay, retainer pay, or equivalent

pay exceed 75 per centum of the monthly basic pay upon which the

computation is based: Provided further, That for the purposes of

this section, the term 'active service' as used herein shall mean

all service as a member or as a former member of the uniformed

services, service as a cadet or midshipman in the case of those

members appointed to the United States Military Academy prior to

August 24, 1912, or to the United States Naval Academy prior to

March 4, 1913, if such service was creditable for longevity pay

purposes at the time of retirement, or as a nurse, or as a contract

nurse prior to February 2, 1901, or as a reserve nurse subsequent

to February 2, 1901, or as a contract surgeon, or as a contract

dental surgeon, or as an acting dental surgeon, or as a

veterinarian in the Quartermaster Department, Cavalry, or Field

Artillery, or as an Army field clerk or as a field clerk, Army

Quartermaster Corps, while on the active list or on active duty or

while participating in full-time training or other full-time duty

provided for or authorized in the National Defense Act, as amended,

the Naval Reserve Act of 1938, as amended, or in other provisions

of law, including participation in exercises or performance of the

duties provided for by sections 5, 81, 92, 94, 97, and 99 of the

National Defense Act, as amended, and in the case of commissioned

officers of the Public Health Service, that service which is

creditable pursuant to part (3) of section 412 of this Act:

Provided further, That the retired or retirement pay of each member

referred to in (3) above shall, unless a higher rank or grade is

authorized by any provision of law, be based upon the

commissioned-officer grade authorized for such member by the Act of

May 7, 1948 (Public Law 517, Eightieth Congress): Provided further,

That (a) enlisted persons or former enlisted persons of the Regular

Army or Regular Air Force who have been transferred prior to the

effective date of this section to the Enlisted Reserve Corps or to

the enlisted section of the Air Force Reserve and placed on the

retired list of the Regular Army or the Regular Air Force,

respectively, under the provisions of section 4 of the Act of

October 6, 1945 (59 Stat. 539; 10 U.S.C. 948) (section 948 of

former title 10), as amended, and (b) enlisted persons or former

enlisted persons of the Regular Navy or Regular Marine Corps who

have been transferred prior to the effective date of this section

to the Fleet Reserve or the Fleet Marine Corps Reserve under the

provisions of title II of the Naval Reserve Act of 1938, as

amended, shall not be entitled to have their retired pay or

retainer pay computed on the basis of the highest officer or

warrant-officer grade held by them as authorized by this section

until they have completed thirty years of service, to include the

sum of their active service and their service on the retired list

or in the Fleet Reserve or in the Fleet Marine Corps Reserve, as

required by existing law: And provided further, That enlisted

persons and warrant officers of the uniform services, heretofore or

hereafter advanced on the retired list to a higher officer rank or

grade pursuant to any provision of law shall, if application

therefore is made to the Secretary concerned within one year from

the effective date of this section or within one year after the

date of advancement on the retired list, whichever is the later,

and subject to the approval of the Secretary concerned, be restored

to their former retired enlisted or warrant-officer status, as the

case may be, and shall thereafter be deemed to be enlisted or

warrant-officer personnel, as appropriate, for all purposes,

including the computation of their retired pay based on such

enlisted or warrant-officer rank, grade, or rating, as the case may

be.''

(Section 2 of act Apr. 23, 1956, provided that: ''The amendment

made by this Act shall be effective as of October 1, 1949.'')

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 573, 1174, 1401, 1406,

1558 of this title; title 14 sections 286a, 334.

-CITE-

10 USC Sec. 580a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33A - APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION

AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY

LIST

-HEAD-

Sec. 580a. Enhanced authority for selective early discharges

-STATUTE-

(a) The Secretary of Defense may authorize the Secretary of a

military department, during the period beginning on November 30,

1993, and ending on October 1, 1999, to take the action set forth

in subsection (b) with respect to regular warrant officers of an

armed force under the jurisdiction of that Secretary.

(b) The Secretary of a military department may, with respect to

regular warrant officers of an armed force, when authorized to do

so under subsection (a), convene selection boards under section

573(c) of this title to consider for discharge regular warrant

officers on the warrant officer active-duty list -

(1) who have served at least one year of active duty in the

grade currently held;

(2) whose names are not on a list of warrant officers

recommended for promotion; and

(3) who are not eligible to be retired under any provision of

law and are not within two years of becoming so eligible.

(c)(1) In the case of an action under subsection (b), the

Secretary of the military department concerned may submit to a

selection board convened pursuant to that subsection -

(A) the names of all regular warrant officers described in that

subsection in a particular grade and competitive category; or

(B) the names of all regular warrant officers described in that

subsection in a particular grade and competitive category who

also are in particular year groups or specialties, or both,

within that competitive category.

(2) The Secretary concerned shall specify the total number of

warrant officers to be recommended for discharge by a selection

board convened pursuant to subsection (b). That number may not be

more than 30 percent of the number of officers considered -

(A) in each grade in each competitive category; or

(B) in each grade, year group, or specialty (or combination

thereof) in each competitive category.

(3) The total number of regular warrant officers described in

subsection (b) from any of the armed forces (or from any of the

armed forces in a particular grade) who may be recommended during a

fiscal year for discharge by a selection board convened pursuant to

the authority of that subsection may not exceed 70 percent of the

decrease, as compared to the preceding fiscal year, in the number

of warrant officers of that armed force (or the number of warrant

officers of that armed force in that grade) authorized to be

serving on active duty as of the end of that fiscal year.

(4) A warrant officer who is recommended for discharge by a

selection board convened pursuant to subsection (b) and whose

discharge is approved by the Secretary concerned shall be

discharged on a date specified by the Secretary concerned.

(5) Selection of warrant officers for discharge under this

subsection shall be based on the needs of the service.

(d) The discharge of any warrant officer pursuant to this section

shall be considered involuntary for purposes of any other provision

of law.

(e) This section applies to the Secretary of Homeland Security in

the same manner and to the same extent as it applies to the

Secretary of Defense. The Commandant of the Coast Guard shall take

the action set forth in subsection (b) with respect to regular

warrant officers of the Coast Guard.

-SOURCE-

(Added Pub. L. 103-160, div. A, title V, Sec. 504(a), Nov. 30,

1993, 107 Stat. 1644; amended Pub. L. 103-337, div. A, title V,

Sec. 541(g), title X, Sec. 1070(a)(3), Oct. 5, 1994, 108 Stat.

2767, 2855; Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov. 25,

2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

1994 - Subsec. (a). Pub. L. 103-337, Sec. 1070(a)(3), substituted

''November 30, 1993,'' for ''the date of the enactment of this

section''.

Subsec. (e). Pub. L. 103-337, Sec. 541(g), added subsec. (e).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 541(g) of Pub. L. 103-337 effective on the

first day of the fourth month beginning after Oct. 5, 1994, see

section 541(h) of Pub. L. 103-337, set out as a note under section

571 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1558 of this title.

-CITE-

10 USC Sec. 581 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33A - APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION

AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY

LIST

-HEAD-

Sec. 581. Selective retirement

-STATUTE-

(a) A regular warrant officer who holds a warrant officer grade

above warrant officer, W-1, and whose name is not on a list of

warrant officers recommended for promotion and who is eligible to

retire under any provision of law may be considered for retirement

by a selection board convened under section 573(c) of this title.

The Secretary concerned shall specify the maximum number of warrant

officers that such a board may recommend for retirement.

(b) A warrant officer who is recommended for retirement under

this section and whose retirement is approved by the Secretary

concerned shall be retired, under any provision of law under which

he is eligible to retire, on the date requested by him and approved

by the Secretary concerned, which date shall be not later than the

first day of the seventh calendar month beginning after the month

in which the Secretary concerned approves the report of the board

which recommended the officer for retirement.

(c) The retirement of a warrant officer pursuant to this section

shall be considered to be an involuntary retirement for purposes of

any other provision of law.

(d)(1) The Secretary concerned shall prescribe regulations for

the administration of this section. Such regulations shall require

that when the Secretary concerned submits a list of regular warrant

officers to a selection board convened under section 573(c) of this

title to consider regular warrant officers for selection for

retirement under this section, the list shall include each warrant

officer on the active-duty list in the same grade or same grade and

competitive category whose position on the active-duty list is

between that of the most junior regular warrant officer in that

grade whose name is submitted to the board and that of the most

senior regular warrant officer in that grade whose name is

submitted to the board.

(2) Such regulations shall establish procedures to exclude from

consideration by the board any warrant officer who has been

approved for voluntary retirement, or who is to be mandatorily

retired under any other provision of law, during the fiscal year in

which the board is convened or during the following fiscal year.

An officer not considered by a selection board convened under

section 573(c) of this title under such regulations because the

officer has been approved for voluntary retirement shall be retired

on the date approved for the retirement of such officer as of the

convening date of such selection board unless the Secretary

concerned approves a modification of such date in order to prevent

a personal hardship for the officer or for other humanitarian

reasons.

(e) The Secretary concerned may defer for not more than 90 days

the retirement of an officer otherwise approved for early

retirement under this section in order to prevent a personal

hardship to the officer or for other humanitarian reasons. Any

such deferral shall be made on a case-by-case basis considering the

circumstances of the case of the particular officer concerned. The

authority of the Secretary to grant such a deferral may not be

delegated.

-SOURCE-

(Added Pub. L. 102-190, div. A, title XI, Sec. 1112(a), Dec. 5,

1991, 105 Stat. 1500; amended Pub. L. 102-484, div. A, title X,

Sec. 1052(5), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103-337, div.

A, title V, Sec. 541(b)(6), Oct. 5, 1994, 108 Stat. 2765; Pub. L.

104-106, div. A, title V, Sec. 504(a), Feb. 10, 1996, 110 Stat.

295.)

-MISC1-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-106 added subsec. (e).

1994 - Subsec. (a). Pub. L. 103-337 struck out ''in the Army,

Navy, Air Force, or Marine Corps'' after ''A regular warrant

officer''.

1992 - Subsec. (d)(2). Pub. L. 102-484 substituted ''board'' for

''Board'' in two places in first sentence.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective on the first day of the

fourth month beginning after Oct. 5, 1994, see section 541(h) of

Pub. L. 103-337, set out as a note under section 571 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 573, 1558 of this title.

-CITE-

10 USC Sec. 582 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33A - APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION

AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY

LIST

-HEAD-

Sec. 582. Warrant officer active-duty list: exclusions

-STATUTE-

Warrant officers in the following categories are not subject to

this chapter:

(1) Reserve warrant officers -

(A) on active duty for training;

(B) on active duty under section 12301(d) of this title in

connection with organizing, administering, recruiting,

instructing, or training the reserve components;

(C) on active duty to pursue special work;

(D) ordered to active duty under section 12304 of this title;

or

(E) on full-time National Guard duty.

(2) Retired warrant officers on active duty (other than retired

warrant officers who were recalled to active duty before February

1, 1992, and have served continuously on active duty since that

date).

(3) Students enrolled in the Army Physician's Assistant

Program.

-SOURCE-

(Added Pub. L. 102-190, div. A, title XI, Sec. 1112(a), Dec. 5,

1991, 105 Stat. 1500; amended Pub. L. 103-337, div. A, title V,

Sec. 501(d), Oct. 5, 1994, 108 Stat. 2748; Pub. L. 104-106, div.

A, title XV, Sec. 1501(c)(5), Feb. 10, 1996, 110 Stat. 498.)

-MISC1-

AMENDMENTS

1996 - Par. (1)(B). Pub. L. 104-106 substituted ''section

12301(d)'' for ''section 672(d)''.

Par. (1)(D). Pub. L. 104-106 substituted ''section 12304'' for

''section 673b''.

1994 - Par. (2). Pub. L. 103-337 inserted before period at end

''(other than retired warrant officers who were recalled to active

duty before February 1, 1992, and have served continuously on

active duty since that date)''.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1501(c) of Pub. L. 104-106 provided that the amendment

made by that section is effective as of Dec. 1, 1994, and as if

included as an amendment made by the Reserve Officer Personnel

Management Act, title XVI of Pub. L. 103-337, as originally

enacted.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 571, 574 of this title.

-CITE-

10 USC Sec. 583 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 33A - APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION

AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY

LIST

-HEAD-

Sec. 583. Definitions

-STATUTE-

In this chapter:

(1) The term ''promotion zone'' means a promotion eligibility

category consisting of officers on a warrant officer active-duty

list in the same grade (or the same grade and competitive

category) who -

(A) in the case of grades below chief warrant officer, W-5,

have neither (i) failed of selection for promotion to the next

higher grade, nor (ii) been removed from a list of warrant

officers recommended for promotion to that grade (other than

after having been placed on that list after a selection from

below the promotion zone); and

(B) are senior to the warrant officer designated by the

Secretary concerned to be the junior warrant officer in the

promotion zone eligible for promotion to the next higher grade.

(2) The term ''warrant officers above the promotion zone''

means a group of officers on a warrant officer active-duty list

in the same grade (or the same grade and competitive category)

who -

(A) are eligible for consideration for promotion to the next

higher grade;

(B) are in the same grade as warrant officers in the

promotion zone; and

(C) are senior to the senior warrant officer in the promotion

zone.

(3) The term ''warrant officers below the promotion zone''

means a group of officers on a warrant officer active-duty list

in the same grade (or the same grade and competitive category)

who -

(A) are eligible for consideration for promotion to the next

higher grade;

(B) are in the same grade as warrant officers in the

promotion zone; and

(C) are junior to the junior warrant officer in the promotion

zone.

(4) The active-duty list referred to in section 573(b) of this

title includes the active-duty promotion list established by

section 41a of title 14.

-SOURCE-

(Added Pub. L. 102-190, div. A, title XI, Sec. 1112(a), Dec. 5,

1991, 105 Stat. 1501; amended Pub. L. 103-337, div. A, title V,

Sec. 541(f)(7), Oct. 5, 1994, 108 Stat. 2767.)

-MISC1-

AMENDMENTS

1994 - Par. (4). Pub. L. 103-337 added par. (4).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective on the first day of the

fourth month beginning after Oct. 5, 1994, see section 541(h) of

Pub. L. 103-337, set out as a note under section 571 of this title.

-CITE-