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10 U.S.C. § 576 — Information to be furnished to selection boards; selection procedures

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

10 U.S.C. § 576 — Information to be furnished to selection boards; selection procedures

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Stable record: federal_law:legal_authorities:record_usc_12626eca9f896d6c0612238c
Source file: Laws/federal/codes/united-states-code/title-10/section-576-information-to-be-furnished-to-selection-boards-selection-procedures--481a4ca954.md
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Source location: Title 10, Chapter 33A, § 576; chapter-33a-appointment-promotion-and-involuntary-separation-and-retirement-for-members-on-the-warrant-officer-active-duty-list.md

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**(a)** The Secretary concerned shall furnish to each selection board convened under [section 573 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section573&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section574&num=0&edition=prelim). (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 report of such board in the following order of priority: (1) Warrant officers recommended under [section 575(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section575/e&num=0&edition=prelim) to be placed higher on the promotion list, in the order in which the board determines. (2) Warrant officers otherwise recommended for promotion, in the order of 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1166&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section573&num=0&edition=prelim) 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).

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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. § 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. § 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. § 1166 — Regular warrant officers: elimination for unfitness or unsatisfactory performance

**(a)** Under such regulations as the Secretary concerned may prescribe, and subject to the recommendations of a board of officers or a selection board under [section 576 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section576&num=0&edition=prelim), a permanent regular warrant officer who is eligible for retirement under any provision of law shall be retired under that law if his records and reports establish his unfitness or unsatisfactory performance of duty. If he is not eligible for retirement under any provision of law, but since the date when he accepted his original permanent appointment as a regular warrant officer he has at least three years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114), he shall, if eligible therefor, be separated with separation pay under [section 1174 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174&num=0&edition=prelim) or severance pay under section 286a 11 See References in Text note below. of title 14, as appropriate. However, instead of being paid separation pay or severance pay he may be enlisted under [section 515 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section515&num=0&edition=prelim). If he does not have three years of such service, he shall be separated under [section 1165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1165&num=0&edition=prelim). **(b)** The Secretary concerned may defer, for not more than four months, the retirement or separation under subsection (a) of any warrant officer if, because of unavoidable circumstances, evaluation of his physical condition and det

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

10 U.S.C. § 574 — Warrant officer active-duty lists; competitive categories; number to be recommended for promotion; promotion zones

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section582&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section573&num=0&edition=prelim), 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

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

10 U.S.C. § 575 — Recommendations for promotion by selection boards

**(a)** A selection board convened under [section 573(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section573/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section574&num=0&edition=prelim) 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) i

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 575

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

10 U.S.C. § 576 — Information to be furnished to selection

Page 570 TITLE 10—ARMED FORCES § 576 L. 106–65, div. A, title V, § 505, Oct. 5, 1999, 113 Stat. 591; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 117–263, div. A, title V, § 508(a), Dec. 23, 2022, 136 Stat. 2559.) Editorial Notes AMENDMENTS 2022—Subsecs. (e), (f). Pub. L. 117–263 added subsecs. (e) and (f). 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 re- spect 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, § 541(b)(3), in- serted ‘‘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, § 501(a), inserted ‘‘(except for a warrant officer precluded from consideration under regulations prescribed by the Secretary con- cerned under section 577 of this title)’’ after ‘‘under consideration’’. 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(b)(3) of Pub. L. 103–337 ef- fective on the first day of the fourth month b

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