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10 U.S.C. § 583 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “promotion zone” means a promotion eligibility category consisting of officers on a warrant officer active-duty list in the same grade (or the same grade and competitive category) who—
(A) in the case of grades below chief warrant officer, W–5, have neither (i) failed of selection for promotion to the next higher grade, nor (ii) been removed from a list of warrant officers recommended for promotion to that grade (other than after having been placed on that list after a selection from below the promotion zone); and
(B) are senior to the warrant officer designated by the Secretary concerned to be the junior warrant officer in the promotion zone eligible for promotion to the next higher grade.
(2) The term “warrant officers above the promotion zone” means a group of officers on a warrant officer active-duty list in the same grade (or the same grade and competitive category) who—
(A) are eligible for consideration for promotion to the next higher grade;
(B) are in the same grade as warrant officers in the promotion zone; and
(C) are senior to the senior warrant officer in the promotion zone.
(3) The term “warrant officers below the promotion zone” means a group of officers on a warrant officer active-duty list in the same grade (or the same grade and competitive category) who—
(A) are eligible for consideration for promotion to the next higher grade;
(B) are in the same grade as warrant officers in the promotion zone; and
(C) are junior to the junior warrant officer in the promotion zone.
(4) The active-duty list referred to in [section 573(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section573/b&num=0&edition=prelim) includes the active-duty promotion list established by se
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Source location: Title 10, Chapter 33A, § 583; chapter-33a-appointment-promotion-and-involuntary-separation-and-retirement-for-members-on-the-warrant-officer-active-duty-list.md
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In this chapter:
(1) The term “promotion zone” means a promotion eligibility category consisting of officers on a warrant officer active-duty list in the same grade (or the same grade and competitive category) who—
(A) in the case of grades below chief warrant officer, W–5, have neither (i) failed of selection for promotion to the next higher grade, nor (ii) been removed from a list of warrant officers recommended for promotion to that grade (other than after having been placed on that list after a selection from below the promotion zone); and
(B) are senior to the warrant officer designated by the Secretary concerned to be the junior warrant officer in the promotion zone eligible for promotion to the next higher grade.
(2) The term “warrant officers above the promotion zone” means a group of officers on a warrant officer active-duty list in the same grade (or the same grade and competitive category) who—
(A) are eligible for consideration for promotion to the next higher grade;
(B) are in the same grade as warrant officers in the promotion zone; and
(C) are senior to the senior warrant officer in the promotion zone.
(3) The term “warrant officers below the promotion zone” means a group of officers on a warrant officer active-duty list in the same grade (or the same grade and competitive category) who—
(A) are eligible for consideration for promotion to the next higher grade;
(B) are in the same grade as warrant officers in the promotion zone; and
(C) are junior to the junior warrant officer in the promotion zone.
(4) The active-duty list referred to in [section 573(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section573/b&num=0&edition=prelim) includes the active-duty promotion list established by section 41a 11 See References in Text note below. of title 14.
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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 Secretary shall maintain a single active duty promotion list of officers of the Coast Guard on active duty in the grades of ensign and above. Reserve officers on active duty, other than pursuant to an active duty agreement executed under [section 12311 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12311&num=0&edition=prelim), retired officers, officers of the permanent commissioned teaching staff of the Coast Guard Academy, and officers designated by the Secretary pursuant this section shall not be included on the active duty promotion list.
**(b)** Officers shall be carried on the active duty promotion list in the order of seniority of the grades in which they are serving. Officers serving in the same grade shall be carried in the order of their seniority in that grade. The Secretary may correct any erroneous position on the active duty promotion list that was caused by administrative error.
**(c)** An individual appointed in the grade of ensign or above in the Regular Coast Guard shall be placed on the active duty promotion list in the order of his date of rank and seniority.
**(d)** A Reserve officer, other than one excluded by subsection (a), shall, when he enters on active duty, be placed on the active duty promotion list in accordance with his grade and seniority. The position of such a Reserve officer among other officers of the Coast Guard on active duty who have the same date of rank shall be determined by the Secretary.
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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).
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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.
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Federal law — U.S. Code and appendices · legal_authorities
Page 576
TITLE 10—ARMED FORCES
§ 582
1 See References in Text note below.
1992—Subsec. (d)(2). Pub. L. 102–484 substituted
‘‘board’’ for ‘‘Board’’ in two places in first sentence.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–337 effective 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.
§ 582. Warrant officer active-duty list: exclusions
Warrant officers in the following categories
are not subject to this chapter:
(1) Reserve warrant officers—
(A) on active duty as authorized under sec-
tion 115(a)(1)(B) or 115(b)(1) of this title, or
excluded from counting for active duty end
strengths under section 115(i) of this title; or
(B) on full-time National Guard duty.
(2) Retired warrant officers on active duty
(other than retired warrant officers who were
recalled to active duty before February 1, 1992,
and have served continuously on active duty
since that date).
(3) Students enrolled in the Army Physi-
cian’s Assistant Program.
(Added Pub. L. 102–190, div. A, title XI, § 1112(a),
Dec. 5, 1991, 105 Stat. 1500; amended Pub. L.
103–337, div. A, title V, § 501(d), Oct. 5, 1994, 108
Stat. 2748; Pub. L. 104–106, div. A, title XV,
§ 1501(c)(5), Feb. 10, 1996, 110 Stat. 498; Pub. L.
108–375, div. A, title IV, § 416(i), Oct. 28, 2004, 118
Stat. 1869.)
Editorial Notes
AMENDMENTS
2004—Par. (1). Pub. L. 108–375 amended par. (1) gen-
erally. Prior to amendment, par. (1) read as follows:
‘‘Reserve warrant officers—
‘‘(A) on acti
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 583
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