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10 U.S.C. § 1165 — Regular warrant officers: separation during three-year probationary period
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.
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Stable record: federal_law:legal_authorities:record_usc_d4e716b456f0acb33112dd47
Source file: Laws/federal/codes/united-states-code/title-10/section-1165-regular-warrant-officers-separation-during-three-year-probationary-perio--394d3500b9.md
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Source location: Title 10, Chapter 59, § 1165; chapter-059-separation.md
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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.
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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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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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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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Federal law — U.S. Code and appendices · legal_authorities
Page 1234
TITLE 10—ARMED FORCES
§ 1165
1 See References in Text note below.
Editorial Notes
AMENDMENTS
1982—Pub. L. 97–295, § 1(16), substituted a colon for a
semicolon after ‘‘officers’’ in section catchline.
1980—Subsec. (b). Pub. L. 96–513 redesignated former
subsec. (c) as (b).
Subsec. (c). Pub. L. 96–513 redesignated former subsec.
(c) as (b).
1967—Subsec. (a). Pub. L. 90–130 struck out ‘‘male’’ be-
fore ‘‘warrant officer’’.
Subsec. (b). Pub. L. 90–130 struck out subsec. (b)
which made special provisions for female warrant offi-
cers.
Subsec. (c). Pub. L. 90–130 struck out reference to sub-
sec. (b) of this section.
1966—Pub. L. 89–718 substituted ‘‘8301’’ for ‘‘47a’’ wher-
ever appearing.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96–513 effective Dec. 12, 1980,
see section 701(b)(3) of Pub. L. 96–513, set out as a note
under section 101 of this title.
DEFERMENT OF SEPARATION WITH COMPLETION OF 20
YEARS OF SERVICE OR AT AGE 60
Act Aug. 10, 1956, ch. 1041, § 46, 70A Stat. 638, provided
that:
‘‘(a) The separation of any person who, on November
1, 1954, was a male permanent warrant officer of a reg-
ular component of an armed force, and who upon at-
taining the age of 62 has completed less than 20 years
of active service that could be credited to him under
section 511 of the Career Compensation Act of 1949 (37
U.S.C. 311) [act Oct. 12, 1949, ch. 681, title V, § 511, 63
Stat. 829, formerly set out as a note under section 580
of this title] may be deferred by the Secretary con-
cerned until he completes 20 years of that service, but
not later than that date which is 60 days after the date
on which he attains the age of 64.
‘‘(b) The separation of any person who, on November
1, 1954, was
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1165
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