10 U.S.C. § 583

Definitions

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In this chapter:(1) The term “promotion zone” means a promotion eligibility category consisting of officers on a warrant officer active-duty list in the same grade (or the same grade and competitive category) who—(A) in the case of grades below chief warrant officer, W–5, have neither (i) failed of selection for promotion to the next higher grade, nor (ii) been removed from a list of warrant officers recommended for promotion to that grade (other than after having been placed on that list after a selection from below the promotion zone); and(B) are senior to the warrant officer designated by the Secretary concerned to be the junior warrant officer in the promotion zone eligible for promotion to the next higher grade.(2) The term “warrant officers above the promotion zone” means a group of officers on a warrant officer active-duty list in the same grade (or the same grade and competitive category) who—(A) are eligible for consideration for promotion to the next higher grade;(B) are in the same grade as warrant officers in the promotion zone; and(C) are senior to the senior warrant officer in the promotion zone.(3) The term “warrant officers below the promotion zone” means a group of officers on a warrant officer active-duty list in the same grade (or the same grade and competitive category) who—(A) are eligible for consideration for promotion to the next higher grade;(B) are in the same grade as warrant officers in the promotion zone; and(C) are junior to the junior warrant officer in the promotion zone.(4) The active-duty list referred to in section 573(b) of this title includes the active-duty promotion list established by section 41a 11 See References in Text note below. of title 14.(Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1501; amended Pub. L. 103–337, div. A, title V, § 541(f)(7), Oct. 5, 1994, 108 Stat. 2767.)Editorial NotesReferences in Text

Section 41a of title 14, referred to in par. (4), was redesignated section 2102 of title 14 by Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216, and references to section 41a 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.

Amendments

1994—Par. (4). Pub. L. 103–337 added par. (4).

Statutory Notes and Related SubsidiariesEffective Date of 1994 Amendment

Amendment 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

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 1 case, 2012–2012 · leading case: McDonough v. Mabus, 907 F. Supp. 2d 33 (D.D.C. 2012).

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McDonough v. Mabus, 907 F. Supp. 2d 33 (D.D.C. 2012). “11, which expressly governs the appointment of regular or reserve officers in the JAGC program, would not still apply to individuals appointed under 10 U.S.C. § 583 (f). Accordingly, the plaintiffs argument that his appointment fell under 10 U.”

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