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

Summary

The Secretary in charge must give each selection board set up under section 573 the maximum number of warrant officers that can be recommended for promotion (as set under section 574), the names and records of everyone in the grades or categories to be considered, and any guidance about what skills and numbers of specialists the service needs. From each promotion zone the board must pick the warrant officers it thinks are best qualified for the next higher grade, but it cannot pick more than the Secretary allowed. The board must put names it wants higher under section 575(e) first, in the order the board chooses, and put the other recommended officers next by seniority on the active-duty list. The board must also report anyone whose record shows they are unfit or unsatisfactory; a regular warrant officer so reported can be considered for retirement or separation under section 1166. The board sends its report to the Secretary, who may approve or disapprove it. The Secretary must review the report to see if the board broke any law, rule, or the guidance given. If the Secretary finds a problem, he must return the report with a written explanation so the board (or a later board for the same grade and category) can fix it and send it back.

Title 10, §576

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary concerned shall furnish to each selection board convened under section 573 of this title the following:

(1)The maximum number of warrant officers that may be recommended for promotion from those serving in any grade (or grade and competitive category) to be considered, as determined in accordance with section 574 of this title.

(2)The names and pertinent records of all officers in each grade (or grade and competitive category) to be considered.

(3)Such information or guidelines relating to the needs of the armed force concerned for warrant officers having particular skills, including guidelines or information relating to the need for either a minimum number or a maximum number of officers with particular skills within a grade or competitive category, as the Secretary concerned determines to be relevant in relation to the requirements of that armed force.

(b)From each promotion zone for a grade (or grade and competitive category), the selection board shall recommend for promotion to the next higher warrant officer grade those warrant officers whom it considers best qualified for promotion, but no more than the number specified by the Secretary concerned.

(c)The names of warrant officers selected for promotion under this section shall be arranged in the report of such board in the following order of priority:

(1)Warrant officers recommended under section 575(e) of this title to be placed higher on the promotion list, in the order in which the board determines.

(2)Warrant officers otherwise recommended for promotion, in the order of seniority on the warrant officer active-duty list.

(d)Under such regulations as the Secretary concerned may prescribe, the selection board shall report the names of those warrant officers considered by it whose records establish, in its opinion, their unfitness or unsatisfactory performance. A regular warrant officer whose name is so reported shall be considered, under regulations provided by the Secretary concerned, for retirement or separation under section 1166 of this title.

(e)The report of the selection board shall be submitted to the Secretary concerned. The Secretary may approve or disapprove all or part of the report.

(f)(1)Upon receipt of the report of a selection board submitted to him under subsection (e), the Secretary concerned shall review the report to determine whether the board has acted contrary to law or regulation or to guidelines furnished the board under this section.

(2)If, on the basis of a review of the report under paragraph (1), the Secretary concerned determines that the board acted contrary to law or regulation or to guidelines furnished the board under this section, the Secretary shall return the report, together with a written explanation of the basis for such determination, to the board for further proceedings. Upon receipt of a report returned by the Secretary concerned under this paragraph, the selection board (or a subsequent selection board convened under section 573 of this title for the same grade and competitive category) shall conduct such proceedings as may be necessary in order to revise the report to be consistent with law, regulation, and such guidelines and shall resubmit the report, as revised, to the Secretary in accordance with subsection (e).

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 560 of this title prior to repeal by Pub. L. 102–190, § 1112(a).

Amendments

2022—Subsec. (c). Pub. L. 117–263 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The names of warrant officers selected for promotion 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 Secretary” 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 Secretary 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 AmendmentAmendment by section 541(b)(4) 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.

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.

§576 Information to Be Furnished to Selection Boards; Selection Procedures

Summary

Title 10, §576

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata