10 U.S.C. § 577 — Promotions: effect of failure of selection

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’’.