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10 U.S.C. § 579 — Removal from a promotion list

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

10 U.S.C. § 579 — Removal from a promotion list

**(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.

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Stable record: federal_law:legal_authorities:record_usc_247d5075f89e85c5ba761fd7
Source file: Laws/federal/codes/united-states-code/title-10/section-579-removal-from-a-promotion-list--979bde806d.md
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Source location: Title 10, Chapter 33A, § 579; 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 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.

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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. § 555 to 565 — Repealed. Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1492]

### Statutory Notes Section 555, acts Aug. 10, 1956, ch. 1041, 70A Stat. 20; Sept. 7, 1962, Pub. L. 87–649, §§ 6(f)(2), 14c(2), 76 Stat. 494, 501; July 30, 1977, Pub. L. 95–79, title III, § 302(a)(4), 91 Stat. 326; Nov. 8, 1985, Pub. L. 99–145, title V, § 531(a), title XIII, § 1303(a)(5), 99 Stat. 633, 739, related to warrant officer grades. See section 571(a) and (b) of this title. Section 556, act Aug. 10, 1956, ch. 1041, 70A Stat. 20, related to credit for service of persons originally appointed in regular warrant officer grades under [section 555 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section555&num=0&edition=prelim). See [section 572 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section572&num=0&edition=prelim). Section 557, act Aug. 10, 1956, ch. 1041, 70A Stat. 20, related to qualifications for promotion of regular warrant officers. Section 558, act Aug. 10, 1956, ch. 1041, 70A Stat. 20, related to appointment of selection boards to consider promotions of regular warrant officers. See section 573(a), (b), (e), and (f) of this title. Section 559, act Aug. 10, 1956, ch. 1041, 70A Stat. 21, related to eligibility of regular warrant officers for promotion. Section 560, acts Aug. 10, 1956, ch. 1041, 70A Stat. 21; Sept. 2, 1958, Pub. L. 85–861, § 33(a)(3), 72 Stat. 1564, related to selection procedure for promotion of warrant officers. See section 576(a) to (e) of this title. Section 561, act Aug. 10, 1956, ch. 1041, 70A Stat. 22, related to effect of failure of selection of regular warrant officers for promotion. See [section 577 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section577&num=0&edition=prelim). Section 562, act Aug. 10, 1956, c

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

10 U.S.C. § 580 — Regular warrant officers twice failing of selection for promotion: involuntary retirement or separation

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section576/e&num=0&edition=prelim), or (B) the date on which his name was removed from the recommended list under [section 579 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section579&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8301&num=0&edition=prelim). A warrant officer retired under this paragraph shall receive retired pay computed under [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1401&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section576/e&num=0&edition=prelim), or (B) the date

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 580

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

10 U.S.C. § 579 — Removal from a promotion list

Page 572 TITLE 10—ARMED FORCES § 579 1 See References in Text note below. 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. Statutory Notes and Related Subsidiaries 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. § 579. Removal from a promotion list (a) The name of a warrant officer rec- ommended 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 pro- motion by a selection board convened under this chapter at any time before the promotion is ef- fective. (c) An officer whose name is removed from the list of officers recommended for promotion by a selection board continues to be eligible for con- sideration for promotion. (d) If the next selection board that considers the warrant officer for promotion under this chapter selects the warrant officer for pro- motion 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) fro

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