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10 U.S.C. § 578 — Promotions: how made; effective date

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

10 U.S.C. § 578 — Promotions: how made; effective date

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Stable record: federal_law:legal_authorities:record_usc_21a0f867e5355d146ef60ba2
Source file: Laws/federal/codes/united-states-code/title-10/section-578-promotions-how-made-effective-date--66b517ffc1.md
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Source location: Title 10, Chapter 33A, § 578; chapter-33a-appointment-promotion-and-involuntary-separation-and-retirement-for-members-on-the-warrant-officer-active-duty-list.md

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**(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 set forth in [section 576(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section576/c&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3331&num=0&edition=prelim) is not required to take a new oath upon appointment to a higher grade under this section. **(g)** Notwithstanding subsection (d), and subject to regulations prescribed by the Secretary of Defense, in the case of a warrant officer who is selected for promotion by a selection board convened under this chapter, and prior to the placement of the warrant officer’s name on the applicable promotion list as approved for transfer to a new component within the same or a different armed force, the Secretary concerned may place the warrant officer’s name on a corresponding promotion list of the new component without regard to the warrant officer’s competitive category. A warrant officer’s promotion under this subsection shall be made pursuant to [section 12242 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12242&num=0&edition=prelim).

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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

5 U.S.C. § 3331 — Oath of office

An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” This section does not affect other oaths required by law.

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

10 U.S.C. § 12242 — Warrant officers: promotion

The promotion of permanent reserve warrant officers not on the warrant officer active-duty list to permanent reserve warrant officer grades shall be governed by such regulations as the Secretary concerned may prescribe.

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

10 U.S.C. § 578 — Promotions: how made; effective date

Page 571 TITLE 10—ARMED FORCES § 578 lows: ‘‘The names of warrant officers selected for pro- motion under this section shall be arranged in the board’s report in order of the seniority on the warrant officer active-duty list.’’ 1994—Subsec. (a). Pub. L. 103–337, § 541(b)(4)(A), struck out ‘‘of the military department’’ after ‘‘The Sec- retary’’ in introductory provisions. Subsec. (e). Pub. L. 103–337, § 541(b)(4)(B), struck out ‘‘of the military department’’ after ‘‘submitted to the Secretary’’. Subsec. (f)(1). Pub. L. 103–337, § 501(b), struck out after first sentence ‘‘Following such review, unless the Sec- retary 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, § 541(b)(4)(C), struck out ‘‘of the military department’’ after ‘‘paragraph (1), the Secretary’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 541(b)(4) of Pub. L. 103–337 ef- fective 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 Section effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as an Effective Date of 1991 Amend- ment note under section 521 of this title. § 577. Promotions: effect of failure of selection for 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 Secret

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