Title 10, Armed ForcesRelease 119-110
§580 Regular Warrant Officers Twice Failing of Selection for Promotion: Involuntary Retirement or Separation
Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 33A — APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY LIST › § 580
Summary
If a regular chief warrant officer fails selection for the next higher warrant grade two times, he must leave active duty by being retired or separated unless another law makes him retire or separate sooner. If he has more than 20 years of creditable active service on the date the promotion board report is approved or his name is removed from the recommended list, he must be retired no later than the first day of the seventh calendar month after that date and will get retired pay computed under section 1401. If he has at least 18 but not more than 20 years on that date, he must be retired no later than the date set by the Secretary, but not later than the first day of the seventh calendar month after he reaches 20 years, unless he is promoted before then; retired pay is under section 1401. If he has less than 18 years on that date, he 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 section 1174 or section 286a as appropriate. A person subject to these actions cannot be considered for promotion again. “Creditable active service” means the active service that counts under section 511 of the Career Compensation Act of 1949. The Secretary may delay a retirement or separation up to four months for medical evaluation or observation. A warrant officer serving in a grade above chief warrant officer, W–5, may delay retirement to keep serving if the Secretary allows, but his higher commission ends when he is finally retired or separated. Some officers may be kept on active duty instead of being separated: W–2 and W–3 can be continued if a selection board picks them, and W–4 can be continued if the Secretary chooses under his rules. If an officer is continued but later not promoted or reselected, he will be discharged when his continued service ends or retired if he is eligible. Officers close to qualifying for retirement (within two years under section 1293) will be kept until they qualify and then retired. Continuations are treated as involuntary retirements or discharges for other laws, and the Secretaries must write rules to run this process. An officer facing court-martial may be kept on active duty until that process finishes.
Full Legal Text
Title 10, §580
Armed Forces, Source: USLM XML via OLRC
(a)(1)Unless retired or separated sooner under some other provision of law, a regular chief warrant officer who has twice failed of selection for promotion to the next higher regular warrant officer grade shall be retired under paragraph (2) or (3) or separated from active duty under paragraph (4).
(2)If a warrant officer described in paragraph (1) has more than 20 years of creditable active service on (A) the date on which the Secretary concerned approves the report of the board under section 576(e) of this title, or (B) the date on which his name was removed from the recommended list under section 579 of this title, whichever applies, the warrant officer shall be retired. The date of such retirement shall be not later than the first day of the seventh calendar month beginning after the applicable date under the preceding sentence, except as provided by section 8301 of title 5. A warrant officer retired under this paragraph shall receive retired pay computed under section 1401 of this title.
(3)If a warrant officer described in paragraph (1) has at least 18 but not more than 20 years of creditable active service on (A) the date on which the Secretary concerned approves the report of the board under section 576(e) of this title, or (B) the date on which his name was removed from the recommended list under section 579 of this title, whichever applies, the warrant officer shall be retired not later than the date determined under the next sentence unless he is selected for promotion to the next higher regular warrant officer grade before that date. The date of the retirement of a warrant officer under the preceding sentence shall be on a date specified by the Secretary concerned, but not later than the first day of the seventh calendar month beginning after the date upon which he completes 20 years of active service, except as provided by section 8301 of title 5. A warrant officer retired under this paragraph shall receive retired pay computed under section 1401 of this title.
(4)(A)If a warrant officer described in paragraph (1) has less than 18 years of creditable active service on (i) the date on which the Secretary concerned approves the report of the board under section 576(e) of this title, or (ii) the date on which his name was removed from the recommended list under section 579 of this title, whichever applies, the warrant officer shall be separated (except as provided in subparagraph (C)). The date of such separation shall be not later than the first day of the seventh calendar month beginning after the applicable date under the preceding sentence.
(B)A warrant officer separated under this paragraph shall receive separation pay computed under section 1174 of this title, or severance pay computed under section 286a of title 14, as appropriate, except in a case in which—
(i)upon his request and in the discretion of the Secretary concerned, he is enlisted in the grade prescribed by the Secretary; or
(ii)he is serving on active duty in a grade above chief warrant officer, W–5, and he elects, with the consent of the Secretary concerned, to remain on active duty in that status.
(C)If on the date on which a warrant officer is to be separated under subparagraph (A) the warrant officer has at least 18 years of creditable active service, the warrant officer shall be retained on active duty until retired under paragraph (3) in the same manner as if the warrant officer had had at least 18 years of service on the applicable date under subparagraph (A) or (B) of that paragraph.
(5)A warrant officer who is subject to retirement or discharge under this subsection is not eligible for further consideration for promotion.
(6)In this subsection, the term “creditable active service” means active service that could be credited to a warrant officer under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114).
(b)The Secretary concerned may defer, for not more than four months, the retirement or separation under this section of a warrant officer if, because of unavoidable circumstances, evaluation of his physical condition and determination of his entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the date on which he would otherwise be required to retire or be separated under this section.
(c)The Secretary concerned may defer, until such date as he prescribes, the retirement under subsection (a) of a warrant officer who is serving on active duty in a grade above chief warrant officer, W–5, and who elects to continue to so serve.
(d)If a warrant officer who also holds a grade above chief warrant officer, W–5, is retired or separated under subsection (a), his commission in the higher grade shall be terminated on the date on which he is so retired or separated.
(e)(1)A regular warrant officer subject to discharge or retirement under this section may, subject to the needs of the service, be continued on active duty if—
(A)in the case of a warrant officer in the grade of chief warrant officer, W–2, or chief warrant officer, W–3, the warrant officer is selected for continuation on active duty by a selection board convened under section 573(c) of this title; and
(B)in the case of a warrant officer in the grade of chief warrant officer, W–4, the warrant officer is selected for continuation on active duty by the Secretary concerned under such procedures as the Secretary may prescribe.
(2)(A)A warrant officer who is selected for continuation on active duty under this subsection but declines to continue on active duty shall be discharged, retired, or retained on active duty, as appropriate, in accordance with this section.
(B)A warrant officer in the grade of chief warrant officer, W–4, who is retained on active duty pursuant to procedures prescribed under paragraph (1)(B) is eligible for further consideration for promotion while remaining on active duty.
(3)Each warrant officer who is continued on active duty under this subsection, not subsequently promoted or continued on active duty, and not on a list of warrant officers recommended for continuation or for promotion to the next higher regular grade shall, unless sooner retired or discharged under another provision of law—
(A)be discharged upon the expiration of his period of continued service; or
(B)if he is eligible for retirement under any provision of law, be retired under that law on the first day of the first month following the month in which he completes his period of continued service.
Notwithstanding subparagraph (A), a warrant officer who would otherwise be discharged under such subparagraph and who is within two years of qualifying for retirement under section 1293 of this title shall, unless he is sooner retired or discharged under some other provision of law, be retained on active duty until he is qualified for retirement under that section and then be retired.
(4)The retirement or discharge of a warrant officer pursuant to this subsection shall be considered to be an involuntary retirement or discharge for purposes of any other provision of law.
(5)Continuation of a warrant officer on active duty under this subsection pursuant to the action of a selection board convened under section 573(c) of this title is subject to the approval of the Secretary concerned.
(6)The Secretary of Defense and the Secretary of Homeland Security, when the Coast Guard is not operating as a service in the Navy, shall prescribe regulations for the administration of this subsection.
(f)A warrant officer subject to discharge or retirement under this section, but against whom any action has been commenced with a view to trying the officer by court-martial, may be continued on active duty, without prejudice to such action, until the completion of such action.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
Section 286a of title 14, referred to in subsec. (a)(4)(B), was redesignated section 2147 of title 14 by Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216, and references to section 286a of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard. section 511 of the Career Compensation Act of 1949, referred to in subsec. (a)(6), is section 511 of act Oct. 12, 1949, ch. 681, which was formerly set out as a note below.
Prior Provisions
Provisions similar to those in this section were contained in section 564 of this title prior to repeal by Pub. L. 102–190, § 1112(a).
Amendments
2011—Subsec. (f). Pub. L. 111–383 added subsec. (f). 2006—Subsec. (e)(1). Pub. L. 109–364, § 505(a), substituted “continued on active duty if—” and subpars. (A) and (B) for “continued on active duty if he is selected for continuation on active duty by a selection board convened under section 573(c) of this title.” Subsec. (e)(2). Pub. L. 109–364, § 505(b), designated existing provisions as subpar. (A) and added subpar. (B). 2002—Subsec. (e)(6). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”. 1994—Subsec. (a)(4)(B). Pub. L. 103–337, § 541(b)(5)(A), inserted “, or severance pay computed under section 286a of title 14, as appropriate,” after “section 1174 of this title”. Subsec. (e)(6). Pub. L. 103–337, § 541(b)(5)(B), inserted “and the Secretary of Transportation, when the Coast Guard is not operating as a service in the Navy,” after “Secretary of Defense”. 1993—Subsec. (a)(4)(A). Pub. L. 103–160, § 505(a)(1), inserted “(except as provided in subparagraph (C))” after “shall be separated”. Subsec. (a)(4)(C). Pub. L. 103–160, § 505(a)(2), added subpar. (C).
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 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
of 1993 Amendment Pub. L. 103–160, div. A, title V, § 505(b), Nov. 30, 1993, 107 Stat. 1646, provided that: “The
Amendments
made by subsection (a) [amending this section] shall apply to warrant officers who have not been separated pursuant to section 580(a)(4) of title 10, United States Code, before the date of enactment of this Act [Nov. 30, 1993].”
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. Retired and Retainer Pay of Members on Retired Lists or Receiving Retainer PayAct Oct. 12, 1949, ch. 681, title V, § 511, 63 Stat. 829, as amended May 19, 1952, ch. 310, § 4, 66 Stat. 80; Apr. 23, 1956, ch. 208, § 1, 70 Stat. 114, set forth methods of computing retired pay, retirement pay, retainer pay, or equivalent pay on and after Oct. 1, 1949, for members of the uniformed services who had retired for reasons other than for physical disability before Oct. 1, 1949, members who had transferred to the Fleet Reserve or the Fleet Marine Corps Reserve before such date, and certain members of the Army Nurse Corps or the Navy Nurse Corps who had retired before such date, and provided that the amount of such pay would not exceed 75 percentum of the monthly basic pay upon which the computation had been based.
Reference
Citations & Metadata
Citation
10 U.S.C. § 580
Title 10, Armed Forces
Last Updated
Sep 23, 2026
Release point: 119-110