10 U.S.C. § 1165 — Regular warrant officers: separation dur-

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 a female permanent warrant officer of a regular component of an armed force, and who upon at- taining the age of 55 has completed less than 20 years of active service that could be credited to her 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 she completes 20 years of that service, but not later than that date which is 60 days after the date on which she attains the age of 60.’’ § 1165. Regular warrant officers: separation dur- ing three-year probationary period 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 eli- gible therefor, to separation pay under section 1174 or he may be enlisted under section 515 of this title. If such a warrant officer is enlisted under section 515 of this title, he is not entitled to separation pay. (Aug. 10, 1956, ch. 1041, 70A Stat. 90; Pub. L. 96–513, title I, § 109(b)(1), Dec. 12, 1980, 94 Stat. 2870.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1165 ......... 10:600d (less last 36 words of last sentence). 34:135d (less last 36 words of last sentence). May 29, 1954, ch. 249, § 6 (less last 36 words of last sentence), 68 Stat. 159. The words ‘‘in his discretion’’ are omitted as surplus- age. The last 10 words of the last sentence are inserted for clarity. Editorial Notes AMENDMENTS 1980—Pub. L. 96–513 authorized entitlement, if the regular warrant officer is eligible therefor, to separa- tion pay under section 1174. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title. § 1166. Regular warrant officers: elimination for unfitness or unsatisfactory performance (a) Under such regulations as the Secretary concerned may prescribe, and subject to the rec- ommendations of a board of officers or a selec- tion board under section 576 of this title, a per- manent regular warrant officer who is eligible for retirement under any provision of law shall be retired under that law if his records and re- ports establish his unfitness or unsatisfactory performance of duty. If he is not eligible for re- tirement under any provision of law, but since the date when he accepted his original perma- nent 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 sepa- rated with separation pay under section 1174 of this title or severance pay under section 286a 1 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. If he does not have three years of such service, he shall be separated under section 1165 of this title. (b) The Secretary concerned may defer, for not more than four months, the retirement or sepa- ration under subsection (a) of any warrant offi- cer if, because of unavoidable circumstances, evaluation of his physical condition and deter- mination of his entitlement to retirement or separation for physical disability require hos- pitalization or medical observation that cannot be completed before the date when he would oth- erwise be required to be retired or separated under this section. (Aug. 10, 1956, ch. 1041, 70A Stat. 90; Pub. L. 87–649, § 6(f)(3), Sept. 7, 1962, 76 Stat. 494; Pub. L. 96–513, title I, § 109(b)(2), Dec. 12, 1980, 94 Stat. 2870; Pub. L. 102–190, div. A, title XI, § 1131(5), Dec. 5, 1991, 105 Stat. 1506.)