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10 U.S.C. § 577 — Promotions: effect of failure of selection for
Federal law — U.S. Code and appendices · legal_authorities
A warrant officer who has been considered for promotion by a 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), 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 or an approved retirement date.
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Stable record: federal_law:legal_authorities:record_usc_2882d881bb07b5669c43792e
Source file: Laws/federal/codes/united-states-code/title-10/section-577-promotions-effect-of-failure-of-selection-for--ff350c828c.md
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Source location: Title 10, Chapter 33A, § 577; chapter-33a-appointment-promotion-and-involuntary-separation-and-retirement-for-members-on-the-warrant-officer-active-duty-list.md
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A warrant officer who has been considered for promotion by a 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), 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 or an approved retirement date.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 521
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 573
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Federal law — U.S. Code and appendices · legal_authorities
### 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 555 to 565
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 577
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