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10 U.S.C. § 573 — Convening of selection boards
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
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Source location: Title 10, Chapter 33A, § 573; chapter-33a-appointment-promotion-and-involuntary-separation-and-retirement-for-members-on-the-warrant-officer-active-duty-list.md
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**(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 determined by the Secretary concerned, to be appointed as additional members of the board. The members of a selection board shall represent the diverse population of the armed force concerned to the extent practicable.
**(c)** The Secretary concerned may convene selection boards to recommend regular warrant officers for continuation on active duty under [section 580 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section580&num=0&edition=prelim) and for retirement under [section 581 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section581&num=0&edition=prelim).
**(d)** When reserve warrant officers of one of the armed forces are to be considered by a selection board convened under subsection (a), the membership of the board shall, if practicable, include at least one reserve officer of that armed force, with the exact number of reserve officers to be determined by the Secretary concerned.
**(e)** No officer may serve on two consecutive boards under this section, if the second board considers any warrant officer who was considered by the first board.
**(f)** The Secretary concerned shall prescribe all other matters relating to the functions and duties of the boards, including the number of members constituting a quorum, and instructions concerning notice of convening of boards and communications with boards.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 571
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 574
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Federal law — U.S. Code and appendices · legal_authorities
**(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 th
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 576
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 577
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Persons Not Considered by Promotion Boards Due to Administrative Error.—**
(1) If the Secretary of the military department concerned determines that because of administrative error a person who should have been considered for selection for promotion from in or above the promotion zone by a promotion board was not so considered, the Secretary shall convene a special selection board under this subsection to determine whether that person (whether or not then on active duty) should be recommended for promotion.
(2) A special selection board convened under paragraph (1) shall consider the record of the person whose name was referred to it for consideration as that record would have appeared to the board that should have considered him. That record shall be compared with a sampling of the records of those officers of the same competitive category who were recommended for promotion, and those officers who were not recommended for promotion, by the board that should have considered him.
(3) If a special selection board convened under paragraph (1) does not recommend for promotion a person whose name was referred to it for consideration for selection for appointment to a grade other than a general officer or flag officer grade, the person shall be considered to have failed of selection for promotion.
**(b) Persons Considered by Promotion Boards in Unfair Manner.—**
(1) If the Secretary of the military department concerned determines, in the case of a person who was considered for selection for promotion by a promotion board but was not selected, that there was material unfairness with respect to that person, the Secretary may convene a special selection board under this subsection to determine whether that person (whether or not then on active duty) should be recommen
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Federal law — U.S. Code and appendices · legal_authorities
Page 567
TITLE 10—ARMED FORCES
§ 573
‘‘(2) has retained a permanent enlisted status,
shall, while continuing on active duty, retain such tem-
porary status and grade. Such an officer shall be con-
sidered for promotion to a higher warrant officer grade
under this title [see Short Title note above] as if that
temporary grade is a permanent grade. If the officer is
recommended for promotion, the officer’s appointment
to that grade shall be a temporary appointment.
‘‘SEC. 1124. SAVINGS PROVISION FOR CERTAIN
REGULAR ARMY WARRANT OFFICERS FACING
MANDATORY RETIREMENT FOR LENGTH OF
SERVICE.
‘‘(a) SAVINGS PROVISION.—Subject to subsection (b), a
regular warrant officer of the Army who on the effec-
tive date of this title [Feb. 1, 1992]—
‘‘(1) is a permanent regular chief warrant officer; or
‘‘(2) is on a list of officers recommended for pro-
motion to a regular chief warrant officer grade,
may be retained on active duty until he completes 30
years of active service or 24 years of active warrant of-
ficer service, whichever is later, that could be credited
to him under section 511 of the Career Compensation
Act of 1949 (70 Stat. 114) [act Oct. 12, 1949, formerly set
out as a note under section 580 of this title] (as in effect
on the day before the effective date of this part [Feb.
1, 1992]), and then be retired under the appropriate pro-
vision of title 10, United States Code, on the first day
of the month after the month in which he completes
that service.
‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to a
regular warrant officer who—
‘‘(1) is sooner retired or separated under another
provision of law;
‘‘(2) is promoted to the regular grade of chief war-
rant officer, W–5; or
‘‘(3) is continued on active duty under section 580(e)
of title 10, United S
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 573
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