§580 Regular Warrant Officers Twice Failing of Selection for Promotion: Involuntary Retirement or Separation

Summary

When a regular chief warrant officer fails selection for promotion twice, the officer must be either retired or separated from active duty unless another law already did that sooner. The decision depends on how much creditable active service the officer has on the date the Secretary approves the promotion board report under section 576(e) or the date the officer’s name is removed from the recommended list under section 579, whichever applies. If the officer has more than 20 years, the officer must be retired no later than the first day of the seventh calendar month after that date and will get retired pay under section 1401. If the officer has at least 18 but not more than 20 years, the officer must be retired by a date the Secretary sets, but not later than the first day of the seventh calendar month after the officer reaches 20 years, unless promoted before then; retired pay is under section 1401. If the officer has less than 18 years, the officer must be separated no later than the first day of the seventh calendar month after that date and will get separation or severance pay under the laws that apply, except in limited cases where the officer may reenlist in a lower grade or stay on active duty in a higher grade with approval. Officers who are subject to retirement or separation under these rules cannot be considered again for promotion. “Creditable active service” means the active service that counts under section 511 of the Career Compensation Act of 1949. The Secretary may delay retirement or separation up to four months if the officer needs hospitalization or medical observation that cannot finish in time. The Secretary may also allow an officer serving above chief warrant officer, W–5, to stay on active duty longer if the officer chooses. If an officer who also holds a higher commissioned grade is retired or separated under these rules, that higher commission ends on the same date. Some officers may be kept on active duty instead of being retired or separated: W–2 and W–3 may be continued if a selection board picks them, and W–4 may be continued if the Secretary approves under set procedures. An officer who is continued but turns it down will be processed for discharge, retirement, or separation as required. Continued officers who are not promoted and are not on lists for continuation or promotion will be discharged when their continued service ends or retired if eligible. Such retirements or discharges are treated as involuntary for other laws. If an officer is facing court-martial action, the officer may be kept on active duty until that action is finished.