10 U.S.C. § 573 — Convening of selection boards

Page 567 TITLE 10—ARMED FORCES § 573 ‘‘(2) has retained a permanent enlisted status, shall, while continuing on active duty, retain such tem- porary status and grade. Such an officer shall be con- sidered for promotion to a higher warrant officer grade under this title [see Short Title note above] as if that temporary grade is a permanent grade. If the officer is recommended for promotion, the officer’s appointment to that grade shall be a temporary appointment. ‘‘SEC. 1124. SAVINGS PROVISION FOR CERTAIN REGULAR ARMY WARRANT OFFICERS FACING MANDATORY RETIREMENT FOR LENGTH OF SERVICE. ‘‘(a) SAVINGS PROVISION.—Subject to subsection (b), a regular warrant officer of the Army who on the effec- tive date of this title [Feb. 1, 1992]— ‘‘(1) is a permanent regular chief warrant officer; or ‘‘(2) is on a list of officers recommended for pro- motion to a regular chief warrant officer grade, may be retained on active duty until he completes 30 years of active service or 24 years of active warrant of- ficer service, whichever is later, that could be credited to him under section 511 of the Career Compensation Act of 1949 (70 Stat. 114) [act Oct. 12, 1949, formerly set out as a note under section 580 of this title] (as in effect on the day before the effective date of this part [Feb. 1, 1992]), and then be retired under the appropriate pro- vision of title 10, United States Code, on the first day of the month after the month in which he completes that service. ‘‘(b) EXCEPTIONS.—Subsection (a) does not apply to a regular warrant officer who— ‘‘(1) is sooner retired or separated under another provision of law; ‘‘(2) is promoted to the regular grade of chief war- rant officer, W–5; or ‘‘(3) is continued on active duty under section 580(e) of title 10, United States Code, as added by this title.’’ ESTABLISHMENT OF PERMANENT GRADE OF CHIEF WARRANT OFFICER, W–5 Pub. L. 103–337, div. A, title V, § 541(a)(1), Oct. 5, 1994, 108 Stat. 2764, provided that: ‘‘The grade of chief war- rant officer, W–5, is hereby established in the Coast Guard.’’ [For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] Pub. L. 102–190, div. A, title XI, § 1111(a), Dec. 5, 1991, 105 Stat. 1491, provided that: ‘‘The grade of chief war- rant officer, W–5, is hereby established in the Army, Navy, Air Force, and Marine Corps.’’ Executive Documents DELEGATION OF FUNCTIONS Authority of President under subsec. (b) of this sec- tion to appoint by commission regular chief warrant of- ficers and reserve chief warrant officers in the Coast Guard delegated to Secretary of Homeland Security by Ex. Ord. No. 14106, § 1(g), (h), Aug. 14, 2023, 88 F.R. 55905, set out in a note under section 2101 of Title 14, Coast Guard. Functions of President under second sentence of sub- sec. (b) of this section delegated to Secretary of De- fense by section 1(b) of Ex. Ord. No. 13384, July 27, 2005, 70 F.R. 43739, set out as a note under section 531 of this title. § 572. Warrant officers: original appointment; service credit (a) For the purposes of promotion, persons originally appointed in regular or reserve war- rant officer grades shall be credited with such service as the Secretary concerned may pre- scribe. However, such a person may not be cred- ited with a period of service greater than the pe- riod of active service performed in the grade, or pay grade corresponding to the grade, in which so appointed, or in any higher grade or pay grade. (b) The Secretary concerned shall credit a per- son who is receiving an original appointment as a warrant officer in the regular component of an armed force under the jurisdiction of such Sec- retary concerned, and who has advanced edu- cation or training or special experience, with constructive service for such education, train- ing, or experience, as follows: (1) For special training or experience in a particular warrant officer field designated by the Secretary concerned, if such training or experience is directly related to the oper- ational needs of the armed force concerned, as determined by such Secretary concerned. (2) For advanced education in a warrant offi- cer field designated by the Secretary con- cerned, if such education is directly related to the operational needs of the armed force con- cerned, as determined by such Secretary con- cerned. (Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1493; amended Pub. L. 117–263, div. A, title V, § 507(a), Dec. 23, 2022, 136 Stat. 2558.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 556 of this title prior to repeal by Pub. L. 102–190, § 1112(a). AMENDMENTS 2022—Pub. L. 117–263 designated existing provisions as subsec. (a) and added subsec. (b). 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. § 573. Convening of selection boards (a)(1) Whenever the Secretary concerned deter- mines that the needs of the service so require, he shall convene a selection board to rec- ommend for promotion to the next higher war- rant officer grade warrant officers on the war- rant officer active-duty list who are in the grade of chief warrant officer, W–2, chief warrant offi- cer, W–3, or chief warrant officer, W–4. (2) Warrant officers serving on the warrant of- ficer active-duty list in the grade of warrant of- ficer, W–1, shall be promoted to the grade of chief warrant officer, W–2, in accordance with regulations prescribed by the Secretary con- cerned. Such regulations shall require that an officer have served not less than 18 months on active duty in the grade of warrant officer, W–1, before promotion to the grade of warrant officer, W–2. (b) A selection board shall consist of five or more officers who are on the active-duty list of Page 568 TITLE 10—ARMED FORCES § 574 the same armed force as the warrant officers under consideration by the board. At least five members of a selection board must be serving in a permanent grade above major or lieutenant commander. The Secretary concerned may ap- point warrant officers, senior in grade to those under consideration, as additional members of the selection board. If warrant officers are ap- pointed members of the selection board and if competitive categories have been established by the Secretary under section 574(b) of this title, at least one must be appointed from each war- rant officer competitive category under consid- eration by the board, unless there is an insuffi- cient number of warrant officers in the competi- tive category concerned who are senior in grade to those under consideration and qualified, as determined by the Secretary concerned, to be appointed as additional members of the board. The members of a selection board shall rep- resent the diverse population of the armed force concerned to the extent practicable. (c) The Secretary concerned may convene se- lection boards to recommend regular warrant of- ficers for continuation on active duty under sec- tion 580 of this title and for retirement under section 581 of this title. (d) When reserve warrant officers of one of the armed forces are to be considered by a selection board convened under subsection (a), the mem- bership of the board shall, if practicable, include at least one reserve officer of that armed force, with the exact number of reserve officers to be determined by the Secretary concerned. (e) No officer may serve on two consecutive boards under this section, if the second board considers any warrant officer who was consid- ered by the first board. (f) The Secretary concerned shall prescribe all other matters relating to the functions and du- ties of the boards, including the number of mem- bers constituting a quorum, and instructions concerning notice of convening of boards and communications with boards. (Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1493; amended Pub. L. 103–337, div. A, title V, § 541(b)(1), Oct. 5, 1994, 108 Stat. 2764; Pub. L. 104–106, div. A, title XV, § 1503(a)(5), Feb. 10, 1996, 110 Stat. 511; Pub. L. 116–283, div. A, title V, § 503(a)(2), Jan. 1, 2021, 134 Stat. 3564.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 558 of this title prior to repeal by Pub. L. 102–190, § 1112(a). AMENDMENTS 2021—Subsec. (b). Pub. L. 116–283 inserted at end ‘‘The members of a selection board shall represent the di- verse population of the armed force concerned to the extent practicable.’’ 1996—Subsec. (a)(2). Pub. L. 104–106 substituted ‘‘ac- tive-duty list’’ for ‘‘active duty list’’. 1994—Subsec. (a)(1). Pub. L. 103–337, § 541(b)(1)(A), sub- stituted ‘‘Secretary concerned’’ for ‘‘Secretary of a military department’’. Subsec. (a)(2). Pub. L. 103–337, § 541(b)(1)(B), struck out ‘‘of the military department’’ after ‘‘Secretary’’. 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. OTHER SELECTION BOARDS Pub. L. 116–283, div. A, title V, § 503(c), Jan. 1, 2021, 134 Stat. 3565, provided that: ‘‘(1) IN GENERAL.—The Secretary of Defense shall en- sure that the members of each selection board de- scribed in paragraph (2) represent the diverse popu- lation of the Armed Force concerned to the extent practicable. ‘‘(2) SELECTION BOARD DESCRIBED.—A selection board described in this paragraph (1) is any selection board used with respect to the promotion, education, or com- mand assignments of members of the Armed Forces that is not covered by the amendments made by this section [amending this section and sections 612 and 14102 of this title].’’ § 574. Warrant officer active-duty lists; competi- tive categories; number to be recommended for promotion; promotion zones (a) The Secretary concerned shall maintain for each armed force under the jurisdiction of that Secretary a single list of all warrant officers (other than warrant officers described in section 582 of this title) who are on active duty. (b) The Secretary concerned may establish competitive categories for promotion. Warrant officers in the same competitive category shall compete among themselves for promotion. (c) Before convening a selection board under section 573 of this title, the Secretary concerned shall determine for each grade (or grade and competitive category) to be considered by the board the following: (1) The maximum number of warrant officers to be recommended for promotion. (2) A promotion zone for warrant officers on the warrant officer active-duty list. (d) The position of a warrant officer on the warrant officer active-duty list shall be deter- mined as follows: (1) Warrant officers shall be carried in the order of seniority of the grade in which they are serving on active duty. (2) Warrant officers serving in the same grade shall be carried in the order of their rank in that grade. (3) A warrant officer on the warrant officer active-duty list who receives a temporary ap- pointment or a temporary assignment in a grade other than a warrant officer grade or chief warrant officer grade shall retain his po- sition on the warrant officer active-duty list while so serving. (e) A chief warrant officer may not be consid- ered for promotion to the next higher grade under this chapter until the officer has com- pleted two years of service on active duty in the grade in which the officer is serving. (Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1494; amended Pub. L.