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10 U.S.C. § 12242 — Warrant officers: promotion

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

10 U.S.C. § 12242 — Warrant officers: promotion

The promotion of permanent reserve warrant officers not on the warrant officer active-duty list to permanent reserve warrant officer grades shall be governed by such regulations as the Secretary concerned may prescribe.

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Source file: Laws/federal/codes/united-states-code/title-10/section-12242-warrant-officers-promotion--5ea238f6d8.md
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Source location: Title 10, Chapter 1207, § 12242; chapter-1207-warrant-officers.md

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The promotion of permanent reserve warrant officers not on the warrant officer active-duty list to permanent reserve warrant officer grades shall be governed by such regulations as the Secretary concerned may prescribe.

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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. § 578 — Promotions: how made; effective date

**(a)** When the report of a selection board convened under this chapter is approved by the Secretary concerned, the Secretary shall place the names of the warrant officers approved for promotion on a single promotion list for each grade (or grade and competitive category), in the order set forth in [section 576(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section576/c&num=0&edition=prelim). **(b)** Promotions of warrant officers on the warrant officer promotion list shall be made when, in accordance with regulations issued by the Secretary concerned, additional warrant officers in that grade (or grade and competitive category), are needed. **(c)** A regular warrant officer who is promoted is appointed in the regular grade to which promoted, and a reserve warrant officer who is promoted is appointed in the reserve grade to which promoted. The date of appointment in that grade and date of rank shall be prescribed by the Secretary concerned. A warrant officer is entitled to the pay and allowances for the grade to which appointed from the date specified in the appointment order. **(d)** Promotions shall be made in the order in which the names of warrant officers appear on the promotion list and after warrant officers previously selected for promotion in the applicable grade (or grade and competitive category) have been promoted. **(e)** A warrant officer who is appointed to a higher grade under this section is considered to have accepted such appointment on the date on which the appointment is made unless the officer expressly declines the appointment. **(f)** A warrant officer who has served continuously as an officer since subscribing to the oath of office prescribed in [section 3331 of title 5](https://uscode.house.gov/view

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

32 U.S.C. § 310 — Federal recognition of National Guard officers: automatic recognition

**(a)** (1) Notwithstanding sections 307 and 309 of this title, if a second lieutenant of the National Guard is promoted to the grade of first lieutenant to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade of first lieutenant, effective as of the date on which that officer has completed the service in the grade specified in [section 14303(a)(1) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14303/a/1&num=0&edition=prelim) and has met such other requirements as prescribed by the Secretary concerned under section 14308(b) of that title, if the officer has remained in an active status since the officer was so recommended. (2) Notwithstanding sections 307 and 309 of this title, if a warrant officer, W–1, of the National Guard is promoted to the grade of chief warrant officer, W–2, to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade of chief warrant officer, W–2, effective as of the date on which that officer has completed the service in the grade prescribed by the Secretary concerned under [section 12242 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12242&num=0&edition=prelim), if the warrant officer has remained in an active status since the warrant officer was so recommended. **(b)** Notwithstanding sections 307 and 309 of this title, if an officer of the Army Reserve or the Air Force Reserve in a reserve grade above second lieutenant is appointed in the next higher grade in the National Guard to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automaticall

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

10 U.S.C. § 12242 — Warrant officers: promotion

Page 3657 TITLE 10—ARMED FORCES § 12243 1994—Pub. L. 103–337 renumbered section 597 of this title as this section. 1991—Subsec. (a). Pub. L. 102–190 substituted ‘‘section 571(a)’’ for ‘‘section 555(a)’’. 1985—Subsec. (b). Pub. L. 99–145 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘Reserve chief warrant officers of the Army and the Air Force shall be appointed in those grades, by warrant, by the Secretary concerned. Permanent re- serve chief warrant officers of the Navy, Marine Corps, and Coast Guard shall be appointed in those grades, by commission, by the Secretary concerned. Permanent reserve warrant officers, W-1, shall be appointed in those grades, by warrant, by the Secretary concerned.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–145, title V, § 531(d), Nov. 8, 1985, 99 Stat. 633, provided that: ‘‘This section [amending this section and section 555 of this title and enacting provisions set out below] takes effect six months after the date of the enactment of this Act [Nov. 8, 1985].’’ TRANSITION PROVISIONS FOR 1985 AMENDMENT Pub. L. 99–145, title V, § 531(c), Nov. 8, 1985, 99 Stat. 633, provided that: ‘‘(1) The amendments made by subsections (a) and (b) [amending this section and section 555 of this title] apply to any appointment of a warrant officer or chief warrant officer on or after the effective date of this section [see Effective Date of 1985 Amendment note above]. ‘‘(2) An officer who on the effective date of this sec- tion is serving in a chief warrant officer grade under an

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