§573 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary must set up selection boards when the service needs them to pick warrant officers for promotion to the next higher warrant grade. Warrant officers in grades W-2, W-3, and W-4 are considered by those boards. Warrant officers in grade W-1 are promoted to W-2 under rules the Secretary makes, and they must have at least 18 months of active-duty time as a W-1 before promotion. Each board must have at least five officers from the same service, and at least five members must hold a permanent rank above major or lieutenant commander. The Secretary can add senior warrant officers as extra members. If competitive categories exist, at least one senior warrant officer from each category must be added when possible. Boards should reflect the service’s diversity when practical. The Secretary can also create boards for continuation on active duty or for retirement. If reserve warrant officers are being considered, the board should include at least one reserve officer when possible. No officer may sit on two boards in a row if the second board will review anyone the first board reviewed. The Secretary sets other details, like quorum, notices, and communications.

Title 10, §573

Armed Forces — Source: USLM XML via OLRC

(a)(1)Whenever the Secretary concerned determines that the needs of the service so require, he shall convene a selection board to recommend for promotion to the next higher warrant officer grade warrant officers on the warrant officer active-duty list who are in the grade of chief warrant officer, W–2, chief warrant officer, W–3, or chief warrant officer, W–4.

(2)Warrant officers serving on the warrant officer active-duty list in the grade of warrant officer, W–1, shall be promoted to the grade of chief warrant officer, W–2, in accordance with regulations prescribed by the Secretary concerned. 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 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 appoint warrant officers, senior in grade to those under consideration, as additional members of the selection board. If warrant officers are appointed 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 warrant officer competitive category under consideration by the board, unless there is an insufficient number of warrant officers in the competitive 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 represent the diverse population of the armed force concerned to the extent practicable.

(c)The Secretary concerned may convene selection boards to recommend regular warrant officers for continuation on active duty under section 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 membership 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 considered by the first board.

(f)The Secretary concerned shall prescribe all other matters relating to the functions and duties of the boards, including the number of members constituting a quorum, and instructions concerning notice of convening of boards and communications with boards.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained 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 diverse population of the armed force concerned to the extent practicable.” 1996—Subsec. (a)(2). Pub. L. 104–106 substituted “active-duty list” for “active duty list”. 1994—Subsec. (a)(1). Pub. L. 103–337, § 541(b)(1)(A), substituted “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 AmendmentAmendment 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 Amendment 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 ensure that the members of each selection board described in paragraph (2) represent the diverse population 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 command assignments of members of the Armed Forces that is not covered by the

Amendments

made by this section [amending this section and section 612 and 14102 of this title].”

§573 Convening of Selection Boards

Summary

Title 10, §573

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Amendments

Citations & Metadata