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Title 10 — Armed ForcesRelease 119-73

§580a Enhanced authority for selective early discharges

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 33A— - APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY LIST › § 580a

Last updated Apr 6, 2026|Official source

Summary

Lets the Secretary of Defense allow military department secretaries to hold boards from October 1, 2015, through October 1, 2019, to consider early discharge of regular warrant officers. The Secretary of Homeland Security has the same authority, and the Coast Guard Commandant must hold these boards for Coast Guard warrant officers. Boards may review warrant officers who have at least one year in their current rank, are not on a promotion list, and cannot retire now or within two years. A secretary can send all officers in a grade or only certain year groups or specialties. The number recommended for discharge cannot exceed 30% of those considered in each group. If approved, the secretary sets the discharge date. These discharges count as involuntary for other laws.

Full Legal Text

Title 10, §580a

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense may authorize the Secretary of a military department, during the period beginning on October 1, 2015, and ending on October 1, 2019, to take the action set forth in subsection (b) with respect to regular warrant officers of an armed force under the jurisdiction of that Secretary.
(b)The Secretary of a military department may, with respect to regular warrant officers of an armed force, when authorized to do so under subsection (a), convene selection boards under section 573(c) of this title to consider for discharge regular warrant officers on the warrant officer active-duty list—
(1)who have served at least one year of active duty in the grade currently held;
(2)whose names are not on a list of warrant officers recommended for promotion; and
(3)who are not eligible to be retired under any provision of law and are not within two years of becoming so eligible.
(c)(1)In the case of an action under subsection (b), the Secretary of the military department concerned may submit to a selection board convened pursuant to that subsection—
(A)the names of all regular warrant officers described in that subsection in a particular grade and competitive category; or
(B)the names of all regular warrant officers described in that subsection in a particular grade and competitive category who also are in particular year groups or specialties, or both, within that competitive category.
(2)The Secretary concerned shall specify the total number of warrant officers to be recommended for discharge by a selection board convened pursuant to subsection (b). That number may not be more than 30 percent of the number of officers considered—
(A)in each grade in each competitive category; or
(B)in each grade, year group, or specialty (or combination thereof) in each competitive category.
(3)A warrant officer who is recommended for discharge by a selection board convened pursuant to subsection (b) and whose discharge is approved by the Secretary concerned shall be discharged on a date specified by the Secretary concerned.
(4)Selection of warrant officers for discharge under this subsection shall be based on the needs of the service.
(d)The discharge of any warrant officer pursuant to this section shall be considered involuntary for purposes of any other provision of law.
(e)This section applies to the Secretary of Homeland Security in the same manner and to the same extent as it applies to the Secretary of Defense. The Commandant of the Coast Guard shall take the action set forth in subsection (b) with respect to regular warrant officers of the Coast Guard.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Subsec. (a). Pub. L. 114–92, § 501(1), substituted “
October 1, 2015, and ending on
October 1, 2019” for “
November 30, 1993, and ending on
October 1, 1999”. Subsec. (c)(3) to (5). Pub. L. 114–92, § 501(2), redesignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which read as follows: “The total number of regular warrant officers described in subsection (b) from any of the armed forces (or from 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 decrease, 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), substituted “
November 30, 1993,” for “the date of the enactment of this section”. Subsec. (e). Pub. L. 103–337, § 541(g), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment 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 AmendmentAmendment by section 541(g) of 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 580a

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73