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10 U.S.C. § 575 — Recommendations for promotion by selection boards

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

10 U.S.C. § 575 — Recommendations for promotion by selection boards

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Stable record: federal_law:legal_authorities:record_usc_be46bbed56a7a7bc2179c4ea
Source file: Laws/federal/codes/united-states-code/title-10/section-575-recommendations-for-promotion-by-selection-boards--9d8e128575.md
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Source location: Title 10, Chapter 33A, § 575; chapter-33a-appointment-promotion-and-involuntary-separation-and-retirement-for-members-on-the-warrant-officer-active-duty-list.md

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**(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) is less than one, the board may recommend one such officer for promotion from below the zone within that grade (or grade and competitive category). **(c)** 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) may not recommend a warrant officer for promotion unless— (1) the officer receives the recommendation of a majority of the members of the board; and (2) a majority of the members of the board find that the officer is fully qualified for promotion. **(d)** Each time a selection board is 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) to consider warrant officers in a competitive category for promotion to the next higher grade, each warrant officer in the promotion zone, and each warrant officer above the promotion zone, for the grade and competitive category under consideration (except for a warrant officer precluded from consideration under regulations prescribed by the Secretary concerned under [section 577 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section577&num=0&edition=prelim)) shall be considered for promotion. **(e)** (1) In selecting the warrant officers to be recommended for promotion, a selection board shall, when authorized by the Secretary concerned, recommend warrant officers of particular merit, pursuant to guidelines and procedures prescribed by the Secretary concerned, from among those warrant officers selected for promotion, to be placed higher on the promotion list contained in the report of such board under [section 576(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section576/c&num=0&edition=prelim). (2) A selection board may recommend that a warrant officer be placed higher on a promotion list under paragraph (1) only if the warrant officer receives the recommendation of at least a majority of the members of the board, unless the Secretary concerned establishes an alternative requirement. Any such alternate requirement shall be furnished to the board as part of the guidelines furnished to the board under [section 576 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section576&num=0&edition=prelim). (3) For the warrant officers recommended to be placed higher on a promotion list under paragraph (1), the board shall recommend the order in which those warrant officers should be placed on the list. **(f)** (1) Upon the request of a warrant officer, the Secretary concerned may exclude the warrant officer from consideration for promotion under this section. (2) The Secretary concerned may approve a request of a warrant officer under paragraph (1) only if— (A) the basis for the request is to allow the officer to complete— (i) an assignment in support of career progression; (ii) advanced education; (iii) an assignment such Secretary determines is of significant value to the Armed Force concerned; or (iv) a career progression requirement delayed by an assignment or education; (B) such Secretary determines that such exclusion from consideration is in the best interest of the Armed Force concerned; and (C) the officer has not previously failed of selection for promotion to the grade for which the officer requests exclusion from consideration.

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

10 U.S.C. § 576 — Information to be furnished to selection boards; selection procedures

**(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

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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. § 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](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

10 U.S.C. § 571 — Warrant officers: grades

**(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

10 U.S.C. § 574 — Warrant officer active-duty lists; competitive categories; number to be recommended for promotion; promotion zones

**(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

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

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

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

10 U.S.C. § 575 — Recommendations for promotion by selec-

Page 569 TITLE 10—ARMED FORCES § 575 102–484, div. A, title X, § 1052(3), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103–337, div. A, title V, § 541(b)(2), Oct. 5, 1994, 108 Stat. 2764; Pub. L. 104–201, div. A, title V, § 506(a), Sept. 23, 1996, 110 Stat. 2512.) Editorial Notes AMENDMENTS 1996—Subsec. (e). Pub. L. 104–201 substituted ‘‘two years of service’’ for ‘‘three years of service’’. 1994—Subsecs. (a), (b). Pub. L. 103–337 substituted ‘‘Secretary concerned’’ for ‘‘Secretary of each military department’’. 1992—Subsec. (d)(3). Pub. L. 102–484 substituted ‘‘ac- tive-duty list’’ for ‘‘active duty list’’ before ‘‘while’’. 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. § 575. Recommendations for promotion by selec- tion boards (a) A selection board convened under section 573(a) of this title shall recommend for pro- motion 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 con- sider warrant officers for selection for pro- motion to the grade of chief warrant officer, W–3, chief warrant officer, W–4, or chief warrant officer, W–5, the Secretary concerne

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