10 U.S.C. § 581 — Selective retirement

Page 575 TITLE 10—ARMED FORCES § 581 any of the armed forces in a particular grade) who may be recommended during a fiscal year for discharge by a selection board convened pursuant to the authority of that subsection may not exceed 70 percent of the de- crease, as compared to the preceding fiscal year, in the number of warrant officers of that armed force (or the number of warrant officers of that armed force in that grade) authorized to be serving on active duty as of the end of that fiscal year.’’ 2002—Subsec. (e). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1994—Subsec. (a). Pub. L. 103–337, § 1070(a)(3), sub- stituted ‘‘November 30, 1993,’’ for ‘‘the date of the en- actment of this section’’. Subsec. (e). Pub. L. 103–337, § 541(g), added subsec. (e). 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(g) of Pub. L. 103–337 effec- tive 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. § 581. Selective retirement (a) A regular warrant officer who holds a war- rant officer grade above warrant officer, W–1, and whose name is not on a list of warrant offi- cers recommended for promotion and who is eli- gible to retire under any provision of law may be considered for retirement by a selection board convened under section 573(c) of this title. The Secretary concerned shall specify the max- imum number of warrant officers that such a board may recommend for retirement. (b) A warrant officer who is recommended for retirement under this section and whose retire- ment is approved by the Secretary concerned shall be retired, under any provision of law under which he is eligible to retire, on the date requested by him and approved by the Secretary concerned, which date shall be not later than the first day of the seventh calendar month be- ginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for retirement. (c) The retirement of a warrant officer pursu- ant to this section shall be considered to be an involuntary retirement for purposes of any other provision of law. (d)(1) The Secretary concerned shall prescribe regulations for the administration of this sec- tion. (2) Such regulations shall require that when the Secretary concerned submits a list of reg- ular warrant officers to a selection board con- vened under section 573(c) of this title to con- sider regular warrant officers for selection for retirement under this section, the list shall in- clude— (A) the name of each warrant officer on the active-duty list in the same grade or same grade and competitive category whose posi- tion on the active-duty list is between that of the most junior regular warrant officer in that grade whose name is submitted to the board and that of the most senior regular warrant officer in that grade whose name is submitted to the board; or (B) with respect to a group of warrant offi- cers designated under subparagraph (A) who are in a particular grade and competitive cat- egory, only those warrant officers in that grade and competitive category who are also in a particular year group or specialty, or any combination thereof determined by the Sec- retary concerned. (3) Such regulations shall establish procedures to exclude from consideration by the board any warrant officer who has been approved for vol- untary retirement, or who is to be mandatorily retired under any other provision of law, during the fiscal year in which the board is convened or during the following fiscal year. An officer not considered by a selection board convened under section 573(c) of this title under such regulations because the officer has been approved for vol- untary retirement shall be retired on the date approved for the retirement of such officer as of the convening date of such selection board un- less the Secretary concerned approves a modi- fication of such date in order to prevent a per- sonal hardship for the officer or for other hu- manitarian reasons. (e)(1) The Secretary concerned may defer for not more than three months the retirement of an officer otherwise approved for early retire- ment under this section in order to prevent a personal hardship to the officer or for other hu- manitarian reasons. Any such deferral shall be made on a case-by-case basis considering the cir- cumstances of the case of the particular officer concerned. The authority of the Secretary to grant such a deferral may not be delegated. (2) An officer recommended for early retire- ment under this section, if approved for deferral under paragraph (1), shall be retired on the date requested by the officer, and approved by the Secretary concerned, which date shall be not later than the first day of the tenth calendar month beginning after the month in which the Secretary concerned approves the report of the board which recommended the officer for early retirement. (Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1500; amended Pub. L. 102–484, div. A, title X, § 1052(5), Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103–337, div. A, title V, § 541(b)(6), Oct. 5, 1994, 108 Stat. 2765; Pub. L. 104–106, div. A, title V, § 504(a), Feb. 10, 1996, 110 Stat. 295; Pub. L. 113–291, div. A, title V, §§ 501, 502(a), Dec. 19, 2014, 128 Stat. 3353.) Editorial Notes AMENDMENTS 2014—Subsec. (d). Pub. L. 113–291, § 501, redesignated second sentence of par. (1) as (2) and former par. (2) as (3), and, in par. (2), substituted ‘‘the list shall include— ’’ for ‘‘the list shall include each’’, inserted ‘‘(A) the name of each’’ before ‘‘warrant officer on the active- duty list’’, substituted ‘‘; or’’ for period at end, and added subpar. (B). Subsec. (e). Pub. L. 113–291, § 502(a), designated exist- ing provisions as par. (1), substituted ‘‘three months’’ for ‘‘90 days’’, and added par. (2). 1996—Subsec. (e). Pub. L. 104–106 added subsec. (e). 1994—Subsec. (a). Pub. L. 103–337 struck out ‘‘in the Army, Navy, Air Force, or Marine Corps’’ after ‘‘A reg- ular warrant officer’’. Page 576 TITLE 10—ARMED FORCES § 582 1 See References in Text note below. 1992—Subsec. (d)(2). Pub. L. 102–484 substituted ‘‘board’’ for ‘‘Board’’ in two places in first sentence. 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. § 582. Warrant officer active-duty list: exclusions Warrant officers in the following categories are not subject to this chapter: (1) Reserve warrant officers— (A) on active duty as authorized under sec- tion 115(a)(1)(B) or 115(b)(1) of this title, or excluded from counting for active duty end strengths under section 115(i) of this title; or (B) on full-time National Guard duty. (2) Retired warrant officers on active duty (other than retired warrant officers who were recalled to active duty before February 1, 1992, and have served continuously on active duty since that date). (3) Students enrolled in the Army Physi- cian’s Assistant Program. (Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1500; amended Pub. L. 103–337, div. A, title V, § 501(d), Oct. 5, 1994, 108 Stat. 2748; Pub. L. 104–106, div. A, title XV, § 1501(c)(5), Feb. 10, 1996, 110 Stat. 498; Pub. L. 108–375, div. A, title IV, § 416(i), Oct. 28, 2004, 118 Stat. 1869.) Editorial Notes AMENDMENTS 2004—Par. (1). Pub. L. 108–375 amended par. (1) gen- erally. Prior to amendment, par. (1) read as follows: ‘‘Reserve warrant officers— ‘‘(A) on active duty for training; ‘‘(B) on active duty under section 12301(d) of this title in connection with organizing, administering, recruiting, instructing, or training the reserve com- ponents; ‘‘(C) on active duty to pursue special work; ‘‘(D) ordered to active duty under section 12304 of this title; or ‘‘(E) on full-time National Guard duty.’’ 1996—Par. (1)(B). Pub. L. 104–106 substituted ‘‘section 12301(d)’’ for ‘‘section 672(d)’’. Par. (1)(D). Pub. L. 104–106 substituted ‘‘section 12304’’ for ‘‘section 673b’’. 1994—Par. (2). Pub. L. 103–337 inserted before period at end ‘‘(other than retired warrant officers who were re- called to active duty before February 1, 1992, and have served continuously on active duty since that date)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if in- cluded as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted. 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. § 583. Definitions In this chapter: (1) The term ‘‘promotion zone’’ means a pro- motion eligibility category consisting of offi- cers on a warrant officer active-duty list in the same grade (or the same grade and com- petitive category) who— (A) in the case of grades below chief war- rant officer, W–5, have neither (i) failed of selection for promotion to the next higher grade, nor (ii) been removed from a list of warrant officers recommended for promotion to that grade (other than after having been placed on that list after a selection from below the promotion zone); and (B) are senior to the warrant officer des- ignated by the Secretary concerned to be the junior warrant officer in the promotion zone eligible for promotion to the next higher grade. (2) The term ‘‘warrant officers above the promotion zone’’ means a group of officers on a warrant officer active-duty list in the same grade (or the same grade and competitive cat- egory) who— (A) are eligible for consideration for pro- motion to the next higher grade; (B) are in the same grade as warrant offi- cers in the promotion zone; and (C) are senior to the senior warrant officer in the promotion zone. (3) The term ‘‘warrant officers below the promotion zone’’ means a group of officers on a warrant officer active-duty list in the same grade (or the same grade and competitive cat- egory) who— (A) are eligible for consideration for pro- motion to the next higher grade; (B) are in the same grade as warrant offi- cers in the promotion zone; and (C) are junior to the junior warrant officer in the promotion zone. (4) The active-duty list referred to in section 573(b) of this title includes the active-duty promotion list established by section 41a 1 of title 14. (Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1501; amended Pub. L. 103–337, div. A, title V, § 541(f)(7), Oct. 5, 1994, 108 Stat. 2767.) Editorial Notes REFERENCES IN TEXT Section 41a of title 14, referred to in par. (4), was re- designated section 2102 of title 14 by Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216, and references to section 41a of title 14 deemed to refer to such redes- ignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redes- ignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard. AMENDMENTS 1994—Par. (4). Pub. L. 103–337 added par. (4).