10 U.S.C. § 575 — Recommendations for promotion by selec-

Page 569 TITLE 10—ARMED FORCES § 575 102–484, div. A, title X, § 1052(3), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103–337, div. A, title V, § 541(b)(2), Oct. 5, 1994, 108 Stat. 2764; Pub. L. 104–201, div. A, title V, § 506(a), Sept. 23, 1996, 110 Stat. 2512.) Editorial Notes AMENDMENTS 1996—Subsec. (e). Pub. L. 104–201 substituted ‘‘two years of service’’ for ‘‘three years of service’’. 1994—Subsecs. (a), (b). Pub. L. 103–337 substituted ‘‘Secretary concerned’’ for ‘‘Secretary of each military department’’. 1992—Subsec. (d)(3). Pub. L. 102–484 substituted ‘‘ac- tive-duty list’’ for ‘‘active duty list’’ before ‘‘while’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective 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. § 575. Recommendations for promotion by selec- tion boards (a) A selection board convened under section 573(a) of this title shall recommend for pro- motion to the next higher grade those warrant officers considered by the board whom the board, giving due consideration to the needs of the armed force concerned for warrant officers with particular skills, considers best qualified for promotion within each grade (or grade and competitive category) considered by the board. (b)(1) In the case of a selection board to con- sider warrant officers for selection for pro- motion to the grade of chief warrant officer, W–3, chief warrant officer, W–4, or chief warrant officer, W–5, the Secretary concerned shall es- tablish the number of warrant officers that the selection board may recommend from among warrant officers being considered from below the promotion zone within each grade (or grade and competitive category). The number of warrant officers recommended for promotion from below the promotion zone does not increase the max- imum number of warrant officers which the board is authorized under section 574 of this title to recommend for promotion. (2) The number of officers recommended for promotion from below the promotion zone may not exceed 10 percent of the total number rec- ommended, except that the Secretary of Defense and the Secretary of Homeland Security, when the Coast Guard is not operating as a service in the Navy, may authorize such percentage to be increased to not more than 15 percent. If the number determined under this subsection with respect to a promotion zone within a grade (or grade and competitive category) is less than one, the board may recommend one such officer for promotion from below the zone within that grade (or grade and competitive category). (c) A selection board convened under section 573(a) of this title may not recommend a war- rant officer for promotion unless— (1) the officer receives the recommendation of a majority of the members of the board; and (2) a majority of the members of the board find that the officer is fully qualified for pro- motion. (d) Each time a selection board is convened under section 573(a) of this title to consider war- rant officers in a competitive category for pro- motion to the next higher grade, each warrant officer in the promotion zone, and each warrant officer above the promotion zone, for the grade and competitive category under consideration (except for a warrant officer precluded from con- sideration under regulations prescribed by the Secretary concerned under section 577 of this title) shall be considered for promotion. (e)(1) In selecting the warrant officers to be recommended for promotion, a selection board shall, when authorized by the Secretary con- cerned, recommend warrant officers of par- ticular merit, pursuant to guidelines and proce- dures prescribed by the Secretary concerned, from among those warrant officers selected for promotion, to be placed higher on the promotion list contained in the report of such board under section 576(c) of this title. (2) A selection board may recommend that a warrant officer be placed higher on a promotion list under paragraph (1) only if the warrant offi- cer receives the recommendation of at least a majority of the members of the board, unless the Secretary concerned establishes an alter- native requirement. Any such alternate require- ment shall be furnished to the board as part of the guidelines furnished to the board under sec- tion 576 of this title. (3) For the warrant officers recommended to be placed higher on a promotion list under para- graph (1), the board shall recommend the order in which those warrant officers should be placed on the list. (f)(1) Upon the request of a warrant officer, the Secretary concerned may exclude the warrant officer from consideration for promotion under this section. (2) The Secretary concerned may approve a re- quest of a warrant officer under paragraph (1) only if— (A) the basis for the request is to allow the officer to complete— (i) an assignment in support of career pro- gression; (ii) advanced education; (iii) an assignment such Secretary deter- mines is of significant value to the Armed Force concerned; or (iv) a career progression requirement de- layed by an assignment or education; (B) such Secretary determines that such ex- clusion from consideration is in the best inter- est of the Armed Force concerned; and (C) the officer has not previously failed of se- lection for promotion to the grade for which the officer requests exclusion from consider- ation. (Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1495; amended Pub. L. 103–337, div. A, title V, §§ 501(a), 541(b)(3), Oct. 5, 1994, 108 Stat. 2748, 2764; Pub. L. 104–201, div. A, title V, § 506(b), Sept. 23, 1996, 110 Stat. 2512; Pub. Page 570 TITLE 10—ARMED FORCES § 576 L. 106–65, div. A, title V, § 505, Oct. 5, 1999, 113 Stat. 591; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 117–263, div. A, title V, § 508(a), Dec. 23, 2022, 136 Stat. 2559.) Editorial Notes AMENDMENTS 2022—Subsecs. (e), (f). Pub. L. 117–263 added subsecs. (e) and (f). 2002—Subsec. (b)(2). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1999—Subsec. (b)(2). Pub. L. 106–65 inserted at end ‘‘If the number determined under this subsection with re- spect to a promotion zone within a grade (or grade and competitive category) is less than one, the board may recommend one such officer for promotion from below the zone within that grade (or grade and competitive category).’’ 1996—Subsec. (b)(1). Pub. L. 104–201 inserted ‘‘chief warrant officer, W–3,’’ after ‘‘promotion to the grade of’’ in first sentence. 1994—Subsec. (b)(2). Pub. L. 103–337, § 541(b)(3), in- serted ‘‘and the Secretary of Transportation, when the Coast Guard is not operating as a service in the Navy,’’ after ‘‘Secretary of Defense’’. Subsec. (d). Pub. L. 103–337, § 501(a), inserted ‘‘(except for a warrant officer precluded from consideration under regulations prescribed by the Secretary con- cerned under section 577 of this title)’’ after ‘‘under consideration’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 541(b)(3) 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. § 576. Information to be furnished to selection boards; selection procedures (a) The Secretary concerned shall furnish to each selection board convened under section 573 of this title the following: (1) The maximum number of warrant officers that may be recommended for promotion from those serving in any grade (or grade and com- petitive category) to be considered, as deter- mined in accordance with section 574 of this title. (2) The names and pertinent records of all of- ficers in each grade (or grade and competitive category) to be considered. (3) Such information or guidelines relating to the needs of the armed force concerned for warrant officers having particular skills, in- cluding guidelines or information relating to the need for either a minimum number or a maximum number of officers with particular skills within a grade or competitive category, as the Secretary concerned determines to be relevant in relation to the requirements of that armed force. (b) From each promotion zone for a grade (or grade and competitive category), the selection board shall recommend for promotion to the next higher warrant officer grade those warrant officers whom it considers best qualified for pro- motion, but no more than the number specified by the Secretary concerned. (c) The names of warrant officers selected for promotion under this section shall be arranged in the report of such board in the following order of priority: (1) Warrant officers recommended under sec- tion 575(e) of this title to be placed higher on the promotion list, in the order in which the board determines. (2) Warrant officers otherwise recommended for promotion, in the order of seniority on the warrant officer active-duty list. (d) Under such regulations as the Secretary concerned may prescribe, the selection board shall report the names of those warrant officers considered by it whose records establish, in its opinion, their unfitness or unsatisfactory per- formance. A regular warrant officer whose name is so reported shall be considered, under regula- tions provided by the Secretary concerned, for retirement or separation under section 1166 of this title. (e) The report of the selection board shall be submitted to the Secretary concerned. The Sec- retary may approve or disapprove all or part of the report. (f)(1) Upon receipt of the report of a selection board submitted to him under subsection (e), the Secretary concerned shall review the report to determine whether the board has acted contrary to law or regulation or to guidelines furnished the board under this section. (2) If, on the basis of a review of the report under paragraph (1), the Secretary concerned de- termines that the board acted contrary to law or regulation or to guidelines furnished the board under this section, the Secretary shall return the report, together with a written explanation of the basis for such determination, to the board for further proceedings. Upon receipt of a report returned by the Secretary concerned under this paragraph, the selection board (or a subsequent selection board convened under section 573 of this title for the same grade and competitive category) shall conduct such proceedings as may be necessary in order to revise the report to be consistent with law, regulation, and such guide- lines and shall resubmit the report, as revised, to the Secretary in accordance with subsection (e). (Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1496; amended Pub. L. 103–337, div. A, title V, §§ 501(b), 541(b)(4), Oct. 5, 1994, 108 Stat. 2748, 2764; Pub. L. 117–263, div. A, title V, § 508(b), Dec. 23, 2022, 136 Stat. 2560.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 560 of this title prior to repeal by Pub. L. 102–190, § 1112(a). AMENDMENTS 2022—Subsec. (c). Pub. L. 117–263 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol-