10 U.S.C. § 578 — Promotions: how made; effective date

Page 571 TITLE 10—ARMED FORCES § 578 lows: ‘‘The names of warrant officers selected for pro- motion under this section shall be arranged in the board’s report in order of the seniority on the warrant officer active-duty list.’’ 1994—Subsec. (a). Pub. L. 103–337, § 541(b)(4)(A), struck out ‘‘of the military department’’ after ‘‘The Sec- retary’’ in introductory provisions. Subsec. (e). Pub. L. 103–337, § 541(b)(4)(B), struck out ‘‘of the military department’’ after ‘‘submitted to the Secretary’’. Subsec. (f)(1). Pub. L. 103–337, § 501(b), struck out after first sentence ‘‘Following such review, unless the Sec- retary concerned makes a determination as described in paragraph (2), the Secretary shall submit the report as required by subsection (e).’’ Subsec. (f)(2). Pub. L. 103–337, § 541(b)(4)(C), struck out ‘‘of the military department’’ after ‘‘paragraph (1), the Secretary’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 541(b)(4) of Pub. L. 103–337 ef- fective 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. § 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, 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 other- wise be eligible to be considered, a warrant offi- cer 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. (Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1497; amended Pub. L. 118–159, div. A, title V, § 503(a), Dec. 23, 2024, 138 Stat. 1868.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 561 of this title prior to repeal by Pub. L. 102–190, § 1112(a). AMENDMENTS 2024—Pub. L. 118–159 inserted ‘‘or an approved retire- ment date’’ after ‘‘an established separation date that is within 90 days after the date on which the board is convened’’. Statutory Notes and Related Subsidiaries 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. § 578. Promotions: how made; effective date (a) When the report of a selection board con- vened under this chapter is approved by the Sec- retary concerned, the Secretary shall place the names of the warrant officers approved for pro- motion 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. (b) Promotions of warrant officers on the war- rant 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 cat- egory), are needed. (c) A regular warrant officer who is promoted is appointed in the regular grade to which pro- moted, and a reserve warrant officer who is pro- moted 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 enti- tled 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 applica- ble 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 offi- cer expressly declines the appointment. (f) A warrant officer who has served continu- ously as an officer since subscribing to the oath of office prescribed in section 3331 of title 5 is not required to take a new oath upon appoint- ment to a higher grade under this section. (g) Notwithstanding subsection (d), and sub- ject to regulations prescribed by the Secretary of Defense, in the case of a warrant officer who is selected for promotion by a selection board convened under this chapter, and prior to the placement of the warrant officer’s name on the applicable promotion list as approved for trans- fer to a new component within the same or a dif- ferent armed force, the Secretary concerned may place the warrant officer’s name on a cor- responding promotion list of the new component without regard to the warrant officer’s competi- tive category. A warrant officer’s promotion under this subsection shall be made pursuant to section 12242 of this title. (Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1497; amended Pub. L. 102–484, div. A, title X, § 1052(4), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103–337, div. A, title V, § 501(c), Oct. 5, 1994, 108 Stat. 2748; Pub. L. 117–263, div. A, title V, § 508(c), Dec. 23, 2022, 136 Stat. 2560; Pub. L. 118–31, div. A, title V, § 503(a), Dec. 22, 2023, 137 Stat. 240; Pub. L. 118–159, div. A, title XVII, § 1701(a)(13), Dec. 23, 2024, 138 Stat. 2203.) Editorial Notes AMENDMENTS 2024—Subsec. (g). Pub. L. 118–159 substituted ‘‘as ap- proved’’ for ‘‘is approved’’. 2023—Subsec. (g). Pub. L. 118–31 added subsec. (g). 2022—Subsec. (a). Pub. L. 117–263 substituted ‘‘set forth in section 576(c) of this title’’ for ‘‘of the seniority of such officers on the warrant officer active-duty list’’. Page 572 TITLE 10—ARMED FORCES § 579 1 See References in Text note below. 1994—Subsecs. (e), (f). Pub. L. 103–337 added subsecs. (e) and (f). 1992—Pub. L. 102–484 substituted ‘‘Promotions:’’ for ‘‘Promotions;’’ in section catchline. Statutory Notes and Related Subsidiaries 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. § 579. Removal from a promotion list (a) The name of a warrant officer rec- ommended for promotion by a selection board convened under this chapter may be removed from the report of the selection board by the President. (b) The Secretary concerned may remove the name of a warrant officer who is on a promotion list as a result of being recommended for pro- motion by a selection board convened under this chapter at any time before the promotion is ef- fective. (c) An officer whose name is removed from the list of officers recommended for promotion by a selection board continues to be eligible for con- sideration for promotion. (d) If the next selection board that considers the warrant officer for promotion under this chapter selects the warrant officer for pro- motion and the warrant officer is promoted, the Secretary concerned may, upon his promotion, grant him the same effective date for pay and allowances and the same date of rank, and the same position on the warrant officer active-duty list as the warrant officer would have had if his name had not been so removed. (e) If the next selection board does not select the warrant officer for promotion, or if his name is again removed under subsection (a) from the list of officers recommended for promotion by the selection board or under subsection (b) from the warrant officer promotion list, he shall be treated for all purposes as if he has twice failed of selection for promotion. (Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1497.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 562 of this title prior to repeal by Pub. L. 102–190, § 1112(a). Statutory Notes and Related Subsidiaries 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. § 580. Regular warrant officers twice failing of selection for promotion: involuntary retire- ment or separation (a)(1) Unless retired or separated sooner under some other provision of law, a regular chief war- rant officer who has twice failed of selection for promotion to the next higher regular warrant officer grade shall be retired under paragraph (2) or (3) or separated from active duty under para- graph (4). (2) If a warrant officer described in paragraph (1) has more than 20 years of creditable active service on (A) the date on which the Secretary concerned approves the report of the board under section 576(e) of this title, or (B) the date on which his name was removed from the rec- ommended list under section 579 of this title, whichever applies, the warrant officer shall be retired. The date of such retirement shall be not later than the first day of the seventh calendar month beginning after the applicable date under the preceding sentence, except as provided by section 8301 of title 5. A warrant officer retired under this paragraph shall receive retired pay computed under section 1401 of this title. (3) If a warrant officer described in paragraph (1) has at least 18 but not more than 20 years of creditable active service on (A) the date on which the Secretary concerned approves the re- port of the board under section 576(e) of this title, or (B) the date on which his name was re- moved from the recommended list under section 579 of this title, whichever applies, the warrant officer shall be retired not later than the date determined under the next sentence unless he is selected for promotion to the next higher reg- ular warrant officer grade before that date. The date of the retirement of a warrant officer under the preceding sentence shall be on a date speci- fied by the Secretary concerned, but not later than the first day of the seventh calendar month beginning after the date upon which he com- pletes 20 years of active service, except as pro- vided by section 8301 of title 5. A warrant officer retired under this paragraph shall receive re- tired pay computed under section 1401 of this title. (4)(A) If a warrant officer described in para- graph (1) has less than 18 years of creditable ac- tive service on (i) the date on which the Sec- retary concerned approves the report of the board under section 576(e) of this title, or (ii) the date on which his name was removed from the recommended list under section 579 of this title, whichever applies, the warrant officer shall be separated (except as provided in subparagraph (C)). The date of such separation shall be not later than the first day of the seventh calendar month beginning after the applicable date under the preceding sentence. (B) A warrant officer separated under this paragraph shall receive separation pay com- puted under section 1174 of this title, or sever- ance pay computed under section 286a 1 of title 14, as appropriate, except in a case in which— (i) upon his request and in the discretion of the Secretary concerned, he is enlisted in the grade prescribed by the Secretary; or (ii) he is serving on active duty in a grade above chief warrant officer, W–5, and he elects, with the consent of the Secretary concerned, to remain on active duty in that status. (C) If on the date on which a warrant officer is to be separated under subparagraph (A) the war- rant officer has at least 18 years of creditable active service, the warrant officer shall be re-