10 U.S.C. § 579 — Removal from a promotion 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-