
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC573]

 
                         TITLE 10--ARMED FORCES
 
                    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
 
Sec. 573. Convening of selection boards

    (a)(1) Whenever the Secretary concerned determines that the needs of 
the service so require, he shall convene a selection board to recommend 
for promotion to the next higher warrant officer grade warrant officers 
on the warrant officer active-duty list who are in the grade of chief 
warrant officer, W-2, chief warrant officer, W-3, or chief warrant 
officer, W-4.
    (2) Warrant officers serving on the warrant officer active-duty list 
in the grade of warrant officer, W-1, shall be promoted to the grade of 
chief warrant officer, W-2, in accordance with regulations prescribed by 
the Secretary concerned. Such regulations shall require that an officer 
have served not less than 18 months on active duty in the grade of 
warrant officer, W-1, before promotion to the grade of warrant officer, 
W-2.
    (b) A selection board shall consist of five or more officers who are 
on the active-duty list of the same armed force as the warrant officers 
under consideration by the board. At least five members of a selection 
board must be serving in a permanent grade above major or lieutenant 
commander. The Secretary concerned may appoint warrant officers, senior 
in grade to those under consideration, as additional members of the 
selection board. If warrant officers are appointed members of the 
selection board and if competitive categories have been established by 
the Secretary under section 574(b) of this title, at least one must be 
appointed from each warrant officer competitive category under 
consideration by the board, unless there is an insufficient number of 
warrant officers in the competitive category concerned who are senior in 
grade to those under consideration and qualified, as determined by the 
Secretary concerned, to be appointed as additional members of the board.
    (c) The Secretary concerned may convene selection boards to 
recommend regular warrant officers for continuation on active duty under 
section 580 of this title and for retirement under section 581 of this 
title.
    (d) When reserve warrant officers of one of the armed forces are to 
be considered by a selection board convened under subsection (a), the 
membership of the board shall, if practicable, include at least one 
reserve officer of that armed force, with the exact number of reserve 
officers to be determined by the Secretary concerned.
    (e) No officer may serve on two consecutive boards under this 
section, if the second board considers any warrant officer who was 
considered by the first board.
    (f) The Secretary concerned shall prescribe all other matters 
relating to the functions and duties of the boards, including the number 
of members constituting a quorum, and instructions concerning notice of 
convening of boards and communications with boards.

(Added Pub. L. 102-190, div. A, title XI, Sec. 1112(a), Dec. 5, 1991, 
105 Stat. 1493; amended Pub. L. 103-337, div. A, title V, 
Sec. 541(b)(1), Oct. 5, 1994, 108 Stat. 2764; Pub. L. 104-106, div. A, 
title XV, Sec. 1503(a)(5), Feb. 10, 1996, 110 Stat. 511.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 558 of this title prior to repeal by Pub. L. 102-190, 
Sec. 1112(a).


                               Amendments

    1996--Subsec. (a)(2). Pub. L. 104-106 substituted ``active-duty 
list'' for ``active duty list''.
    1994--Subsec. (a)(1). Pub. L. 103-337, Sec. 541(b)(1)(A), 
substituted ``Secretary concerned'' for ``Secretary of a military 
department''.
    Subsec. (a)(2). Pub. L. 103-337, Sec. 541(b)(1)(B), struck out ``of 
the military department'' after ``Secretary''.


                    Effective 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 574, 575, 576, 577, 580, 
580a, 581, 583 of this title.
