10 U.S.C. § 1165

Regular warrant officers: separation during three-year probationary period

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The Secretary concerned may terminate the regular appointment of any permanent regular warrant officer at any time within three years after the date when the officer accepted his original permanent appointment as a warrant officer in that component. A warrant officer who is separated under this section is entitled, if eligible therefor, to separation pay under section 1174 or he may be enlisted under section 515 of this title. If such a warrant officer is enlisted under section 515 of this title, he is not entitled to separation pay.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2009–2025 · leading case: Bors v. Allen, 607 F. Supp. 2d 204 (D.D.C. 2009).
Bors v. Allen, 607 F. Supp. 2d 204 (D.D.C. 2009). · cites it 6× “Andrews wrote to Bors informing him of the decision and explaining that: In accordance with [ 10 U.S.C. § 1165 ], a warrant officer who is separated is entitled, if eligible, to separation pay under [ 10 U.”
Bors v. Allen (D.D.C. 2009). · cites it 5× “Andrews wrote to Bors informing him of the decision and explaining that: In accordance with [ 10 U.S.C. § 1165 ], a warrant officer who is separated is entitled, if eligible, to separation pay under [ 10 U.”
Cunningham v. United States (Fed. Cir. 2025). “” 10 U.S.C. § 1165 ; see also AR 600-8-24 ¶ 4-19(b)(1)–(2) (“A probationary officer is—(1) Any com- missioned officer on the [active-duty list] with less than 6 years active commissioned service or a commissioned Re- serve officer with less than 6 years commissioned service (see…”
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