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10 U.S.C. § 1166 — Regular warrant officers: elimination for unfitness or unsatisfactory performance
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1166
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Stable record: federal_law:legal_authorities:record_usc_a5d69363ff30706f5f94971c
Source file: Laws/federal/codes/united-states-code/title-10/section-1166-regular-warrant-officers-elimination-for-unfitness-or-unsatisfactory-per--5da4f62677.md
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Passage SHA-256: 9e21e7579beb33d643e7101b99fd00c8d569d94050f6a2e2e48daaf8a6dfcce0
Source location: Title 10, Chapter 59, § 1166; chapter-059-separation.md
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**(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 determination of his entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the date when he would otherwise be required to be retired or separated under this section.
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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)** 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
In addition to the definitions in sections 1–5 of title 1, the following definitions apply in this title:
(1)
(A) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(B) The term “continental United States” means the 48 contiguous States and the District of Columbia.
(2) The term “possessions” includes Guam, American Samoa, and the guano islands.
(3) The term “uniformed services” means the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, National Oceanic and Atmospheric Administration, and Public Health Service.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force,and Coast Guard.
(5) The term “Secretary concerned” means—
(A) the Secretary of the Army, with respect to matters concerning the Army;
(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy;
(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force;
(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Navy;
(E) the Secretary of Commerce, with respect to matters concerning the National Oceanic and Atmospheric Administration; and
(F) the Secretary of Health and Human Services, with respect to matters concerning the Public Health Service.
(6) The term “National Guard” means the Army National Guard and the Air National Guard.
(7) The term “Army National Guard” means that part of the organized militia of the several States, Puerto Rico, Guam, the Canal Zone, the Virgin Islands, and the District of Columbia, active and inactive, that—
(A) is a land force;
(B)
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A regular warrant officer of the Coast Guard who is discharged under [section 580 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section580&num=0&edition=prelim), and has completed 6 or more, but less than 20, continuous years of active service immediately before that discharge is entitled to separation pay computed under subsection (d)(1) of [section 1174 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174&num=0&edition=prelim).
**(b)** A regular warrant officer of the Coast Guard who is discharged under section 1165 or 1166 of title 10, and has completed 6 or more, but less than 20, continuous years of active service immediately before that discharge is entitled to separation pay computed under subsection (d)(1) or (d)(2) of [section 1174 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174&num=0&edition=prelim), as determined under regulations promulgated by the Secretary.
**(c)** In determining a member’s years of active service for the purpose of computing separation pay under this section, each full month of service that is in addition to the number of full years of service creditable to the member is counted as one-twelfth of a year and any remaining fractional part of a month is disregarded.
**(d)** The acceptance of separation pay under this section does not deprive an individual of any retirement benefits from the United States. However, there shall be deducted from each of his retirement payments so much thereof as is based on the service for which he has received separation pay under this section, until the total deductions equal the amount of such separation pay.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 2147
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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
The Coast Guard, established January 28, 1915, shall be a military service and a branch of the armed forces of the United States at all times.
Source: Supplied U.S. Code snapshot — release unconfirmed · 14 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary concerned may terminate the regular appointment of any permanent regular warrant officer at any time within three years after the date when the officer accepted his original permanent appointment as a warrant officer in that component. A warrant officer who is separated under this section is entitled, if eligible therefor, to separation pay under section 1174 or 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 such a warrant officer is enlisted under [section 515 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section515&num=0&edition=prelim), he is not entitled to separation pay.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1165
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regular Officers.—**
(1) A regular officer who is discharged under chapter 36 of this title (except under section 630(1)(A) or 643 of such chapter) or under section 580 or 8372 of this title and who has completed six or more, but less than twenty, years of active service immediately before that discharge is entitled to separation pay computed under subsection (d)(1).
(2) A regular commissioned officer of the Army, Navy, Air Force or Marine Corps who is discharged under section 630(1)(A), 643, or 1186 of this title, and a regular warrant officer of the Army, Navy, Air Force or Marine Corps who is separated under section 1165 or 1166 of this title, who has completed six or more, but less than twenty, years of active service immediately before that discharge or separation is entitled to separation pay computed under subsection (d)(1) or (d)(2), as determined by the Secretary of the military department concerned, unless the Secretary concerned determines that the conditions under which the officer is discharged or separated do not warrant payment of such pay.
(3) Notwithstanding paragraphs (1) and (2), an officer discharged under any provision of chapter 36 of this title for twice failing of selection for promotion to the next higher grade is not entitled to separation pay under this section if either (or both) of those failures of selection for promotion was by the action of a selection board to which the officer submitted a request in writing not to be selected for promotion or who otherwise directly caused his nonselection through written communication to the Board under [section 614(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section614/b&num=0&edition=prelim).
(4) Notwithstanding paragraphs (1) and (2), an officer wh
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1174
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 90–207, § 1(2)(A), Dec. 16, 1967, 81 Stat. 651; amended Pub. L. 90–603, § 1, Oct. 18, 1968, 82 Stat. 1187; Pub. L. 90–623, § 3(5), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 93–274, § 1(3), May 6, 1974, 88 Stat. 95; Pub. L. 93–394, § 1, Aug. 29, 1974, 88 Stat. 792; Pub. L. 96–284, § 4(d)(1)–(3), June 28, 1980, 94 Stat. 591, 592; Pub. L. 96–513, title IV, § 414(b), title V, § 516(7), Dec. 12, 1980, 94 Stat. 2906, 2938, provided for continuation pay for dentists in the armed forces. See [section 302b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section302b&num=0&edition=prelim).
#### Effective Date of Repeal
Repeal effective Oct. 1, 1985, see section 639(f) of Pub. L. 99–145, set out as an Effective Date of 1985 Amendment note under [section 302b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section302b&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 311
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Federal law — U.S. Code and appendices · legal_authorities
A person who has been discharged from a regular component of an armed force under section 1165 or 1166 of this title may, upon his request and in the discretion of the Secretary concerned, be enlisted in that armed force in the grade prescribed by the Secretary. However, a person discharged under [section 1165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1165&num=0&edition=prelim) may not be enlisted in a grade lower than the grade that he held immediately before appointment as a warrant officer.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 515
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