
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC575]

 
                         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. 575. Recommendations for promotion by selection boards

    (a) A selection board convened under section 573(a) of this title 
shall recommend for promotion to the next higher grade those warrant 
officers considered by the board whom the board, giving due 
consideration to the needs of the armed force concerned for warrant 
officers with particular skills, considers best qualified for promotion 
within each grade (or grade and competitive category) considered by the 
board.
    (b)(1) In the case of a selection board to consider warrant officers 
for selection for promotion to the grade of chief warrant officer, W-3, 
chief warrant officer, W-4, or chief warrant officer, W-5, the Secretary 
concerned shall establish the number of warrant officers that the 
selection board may recommend from among warrant officers being 
considered from below the promotion zone within each grade (or grade and 
competitive category). The number of warrant officers recommended for 
promotion from below the promotion zone does not increase the maximum 
number of warrant officers which the board is authorized under section 
574 of this title to recommend for promotion.
    (2) The number of officers recommended for promotion from below the 
promotion zone may not exceed 10 percent of the total number 
recommended, except that the Secretary of Defense and the Secretary of 
Transportation, when the Coast Guard is not operating as a service in 
the Navy, may authorize such percentage to be increased to not more than 
15 percent. If the number determined under this subsection with respect 
to a promotion zone within a grade (or grade and competitive category) 
is less than one, the board may recommend one such officer for promotion 
from below the zone within that grade (or grade and competitive 
category).
    (c) A selection board convened under section 573(a) of this title 
may not recommend a warrant officer for promotion unless--
        (1) the officer receives the recommendation of a majority of the 
    members of the board; and
        (2) a majority of the members of the board find that the officer 
    is fully qualified for promotion.

    (d) Each time a selection board is convened under section 573(a) of 
this title to consider warrant officers in a competitive category for 
promotion to the next higher grade, each warrant officer in the 
promotion zone, and each warrant officer above the promotion zone, for 
the grade and competitive category under consideration (except for a 
warrant officer precluded from consideration under regulations 
prescribed by the Secretary concerned under section 577 of this title) 
shall be considered for promotion.

(Added Pub. L. 102-190, div. A, title XI, Sec. 1112(a), Dec. 5, 1991, 
105 Stat. 1495; amended Pub. L. 103-337, div. A, title V, Secs. 501(a), 
541(b)(3), Oct. 5, 1994, 108 Stat. 2748, 2764; Pub. L. 104-201, div. A, 
title V, Sec. 506(b), Sept. 23, 1996, 110 Stat. 2512; Pub. L. 106-65, 
div. A, title V, Sec. 505, Oct. 5, 1999, 113 Stat. 591.)


                               Amendments

    1999--Subsec. (b)(2). Pub. L. 106-65 inserted at end ``If the number 
determined under this subsection with respect to a promotion zone within 
a grade (or grade and competitive category) is less than one, the board 
may recommend one such officer for promotion from below the zone within 
that grade (or grade and competitive category).''
    1996--Subsec. (b)(1). Pub. L. 104-201 inserted ``chief warrant 
officer, W-3,'' after ``promotion to the grade of'' in first sentence.
    1994--Subsec. (b)(2). Pub. L. 103-337, Sec. 541(b)(3), inserted 
``and the Secretary of Transportation, when the Coast Guard is not 
operating as a service in the Navy,'' after ``Secretary of Defense''.
    Subsec. (d). Pub. L. 103-337, Sec. 501(a), inserted ``(except for a 
warrant officer precluded from consideration under regulations 
prescribed by the Secretary concerned under section 577 of this title)'' 
after ``under consideration''.


                    Effective Date of 1994 Amendment

    Amendment by section 541(b)(3) 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.
