§580 Regular warrant officers twice failing of selection for promotion: involuntary retirement or separation

Summary

A regular chief warrant officer who fails selection for the next higher regular warrant officer grade two times must either be retired or be separated from active duty, unless another law says otherwise. If the officer has more than 20 years of creditable active service on the date the board’s report is approved or on the date their name is taken off the recommended list (whichever applies), they must be retired no later than the first day of the seventh calendar month after that date and will receive retired pay under the law. If they have at least 18 but not more than 20 years on that date, they will be retired no later than the first day of the seventh calendar month after they reach 20 years, unless promoted before then; they get retired pay under the law. If they have less than 18 years on that date, they will be separated no later than the first day of the seventh calendar month after that date and get separation or severance pay under the law, unless they ask to enlist in a different grade or are serving above chief warrant officer, W‑5, and choose to stay in that higher grade. The Secretary can delay retirement or separation up to four months for medical reasons that need hospitalization or observation, and can delay retirement longer for an officer serving above W‑5 who elects to stay. Any higher commission held above W‑5 ends when the officer is retired or separated. Some officers can be kept on active duty if selected for continuation by a board or by the Secretary, with rules for how long and whether they may later be considered for promotion. An officer subject to court-martial may be kept on duty until that process finishes. “Creditable active service” means the kind of service that counts under earlier law.