U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 33A— APPOINTMENT, PROMOTION, AND INVOLUNTARY SEPARATION AND RETIREMENT FOR MEMBERS ON THE WARRANT OFFICER ACTIVE-DUTY LIST

10 U.S.C. § 576

Information to be furnished to selection boards; selection procedures

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(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).(Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1496; amended Pub. L. 103–337, div. A, title V, §§ 501(b), 541(b)(4), Oct. 5, 1994, 108 Stat. 2748, 2764; Pub. L. 117–263, div. A, title V, § 508(b), Dec. 23, 2022, 136 Stat. 2560.)Editorial NotesPrior 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 SubsidiariesEffective Date of 1994 Amendment

Amendment 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.

Notes of Decisions
Cited in 7 cases, 1942–2016 · leading case: Roth v. United States, 56 Fed. Cl. 239 (Fed. Cl. 2003).
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Roth v. United States, 56 Fed. Cl. 239 (Fed. Cl. 2003). · cites it 3× “If a Service Secretary placets] before the Board an alleged officer’s record filled with prejudicial information and omits documents equally pertinent which might have mitigated the adverse impact of the prejudicial information, then the record is not complete, and it is before…”
Hoskins v. United States, 61 Fed. Cl. 209 (Fed. Cl. 2004). · cites it 3× “The plaintiff in Roth had alleged numerous uncorrected errors in the plaintiffs record that could be traced to the original unjust performance evaluation, and this court summarized them and other issues under review in this list: (1) the AFBCMR’s denial of relief for the alleged…”
Womack v. United States, 34 Fed. Cl. 755 (Fed. Cl. 1996). “9A, H 11c; 10 U.S.C. §§ 576 (a), 578, and 615(a)(2)(A), (b)(3).”
Sadler v. Jester, 46 F. Supp. 737 (N.D. Tex. 1942). “§ 484 note; 10 U.S.C.A. § 576 . Likewise, an important question has been raised by the resignation of the plaintiff.”
Johnston v. United States, 175 F.2d 612 (4th Cir. 1949). “Revised Statutes § 1222, 10 U.S.C.A. § 576 , provides: “No officer of the Army on the active list shall hold any civil office, whether by election or appointment, and every such officer who accepts or exercises the functions of a civil office shall thereby cease to be an officer…”
Whether a Military Officer May Continue on Terminal Leave After He Is Appointed to a Fed. Civilian Position Covered by 10 U.S.C. § 973(b)(2)(A) (OLC 2016). · cites it 3× “This prohibition appeared as section 1222 of the Revised Statutes and was made part of the United States Code in the 1925 edition as 10 U.S.C. § 576 . See Rev. Stat. § 1222 (1st ed.”
Continuation of Terminal Leave for Military Officer Appointed to Fed. Civilian Position (OLC 2016). · cites it 3× “This prohibi- tion appeared as section 1222 of the Revised Statutes and was made part of the United States Code in the 1925 edition as 10 U.S.C. § 576 . See Rev. Stat. § 1222 (1st ed.”
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