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10 U.S.C. § 581 — Selective retirement

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 581 — Selective retirement

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Stable record: federal_law:legal_authorities:record_usc_072d791466d2fa3f3b5e48e6
Source file: Laws/federal/codes/united-states-code/title-10/section-581-selective-retirement--67c6193b2f.md
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Source location: Title 10, Chapter 33A, § 581; chapter-33a-appointment-promotion-and-involuntary-separation-and-retirement-for-members-on-the-warrant-officer-active-duty-list.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section573/c&num=0&edition=prelim). 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. (2) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section573/c&num=0&edition=prelim) to consider regular warrant officers for selection for retirement under this section, the list shall include— (A) the name of 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; or (B) with respect to a group of warrant officers designated under subparagraph (A) who are in a particular grade and competitive category, only those warrant officers in that grade and competitive category who are also in a particular year group or specialty, or any combination thereof determined by the Secretary concerned. (3) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section573/c&num=0&edition=prelim) 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)** (1) The Secretary concerned may defer for not more than three months 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. (2) An officer recommended for early retirement under this section, if approved for deferral under paragraph (1), shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 521 — Authority to prescribe total strengths of officers on active duty and officer strengths in various categories

**(a)** Whenever the needs of the services require, but at least once each fiscal year, the Secretary of Defense shall prescribe the total authorized active-duty strength as of the end of the fiscal year for officers in grades above chief warrant officer, W–5, for each of the armed forces under the jurisdiction of the Secretary of a military department. **(b)** Under regulations prescribed by the Secretary of Defense, the Secretary of each military department may, for an armed force under his jurisdiction, prescribe the strength of any category of officers that may serve on active duty.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 571 — Warrant officers: grades

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section201/b&num=0&edition=prelim) 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, except that with respect to an armed force under the jurisdiction of the Secretary of a military department, the Secretary concerned may provide by regulation that appointments in that grade in that armed force shall be made by commission. Appointments in regular chief warrant officer grades shall be made by commission by the President, and appointments (whether by warrant or commission) in the grade of regular warrant officer, W–1, shall be made by the President, except that appointments in that grade in the Coast Guard shall be made by the Secretary concerned. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section582&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 573 — Convening of selection boards

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section574/b&num=0&edition=prelim), 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

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 581 — Selective retirement

Page 575 TITLE 10—ARMED FORCES § 581 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 de- crease, 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.’’ 2002—Subsec. (e). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1994—Subsec. (a). Pub. L. 103–337, § 1070(a)(3), sub- stituted ‘‘November 30, 1993,’’ for ‘‘the date of the en- actment of this section’’. Subsec. (e). Pub. L. 103–337, § 541(g), added subsec. (e). Statutory Notes and Related Subsidiaries 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 effec- tive 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. § 581. Selective retirement (a) A regular warrant officer who holds a war- rant officer grade above warrant officer, W–1, and whose name is not on a list of warrant offi- cers recommended for promotion and who is eli- gible 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 max- imum number of warrant officers

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