
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: 10USC576]

 
                         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. 576. Information to be furnished to selection boards; 
        selection procedures
        
    (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 board's report in order of the 
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, Sec. 1112(a), Dec. 5, 1991, 
105 Stat. 1496; amended Pub. L. 103-337, div. A, title V, Secs. 501(b), 
541(b)(4), Oct. 5, 1994, 108 Stat. 2748, 2764.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 560 of this title prior to repeal by Pub. L. 102-190, 
Sec. 1112(a).


                               Amendments

    1994--Subsec. (a). Pub. L. 103-337, Sec. 541(b)(4)(A), struck out 
``of the military department'' after ``The Secretary'' in introductory 
provisions.
    Subsec. (e). Pub. L. 103-337, Sec. 541(b)(4)(B), struck out ``of the 
military department'' after ``submitted to the Secretary''.
    Subsec. (f)(1). Pub. L. 103-337, Sec. 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, Sec. 541(b)(4)(C), struck out ``of 
the military department'' after ``paragraph (1), the Secretary''.


                    Effective 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 580, 628, 1166 of this 
title.
