
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: 10USC580a]

 
                         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. 580a. Enhanced authority for selective early discharges

    (a) The Secretary of Defense may authorize the Secretary of a 
military department, during the period beginning on November 30, 1993, 
and ending on October 1, 1999, to take the action set forth in 
subsection (b) with respect to regular warrant officers of an armed 
force under the jurisdiction of that Secretary.
    (b) The Secretary of a military department may, with respect to 
regular warrant officers of an armed force, when authorized to do so 
under subsection (a), convene selection boards under section 573(c) of 
this title to consider for discharge regular warrant officers on the 
warrant officer active-duty list--
        (1) who have served at least one year of active duty in the 
    grade currently held;
        (2) whose names are not on a list of warrant officers 
    recommended for promotion; and
        (3) who are not eligible to be retired under any provision of 
    law and are not within two years of becoming so eligible.

    (c)(1) In the case of an action under subsection (b), the Secretary 
of the military department concerned may submit to a selection board 
convened pursuant to that subsection--
        (A) the names of all regular warrant officers described in that 
    subsection in a particular grade and competitive category; or
        (B) the names of all regular warrant officers described in that 
    subsection in a particular grade and competitive category who also 
    are in particular year groups or specialties, or both, within that 
    competitive category.

    (2) The Secretary concerned shall specify the total number of 
warrant officers to be recommended for discharge by a selection board 
convened pursuant to subsection (b). That number may not be more than 30 
percent of the number of officers considered--
        (A) in each grade in each competitive category; or
        (B) in each grade, year group, or specialty (or combination 
    thereof) in each competitive category.

    (3) The total number of regular warrant officers described in 
subsection (b) from any of the armed forces (or from any of the armed 
forces in a particular grade) who may be recommended during a fiscal 
year for discharge by a selection board convened pursuant to the 
authority of that subsection may not exceed 70 percent of the decrease, 
as compared to the preceding fiscal year, in the number of warrant 
officers of that armed force (or the number of warrant officers of that 
armed force in that grade) authorized to be serving on active duty as of 
the end of that fiscal year.
    (4) A warrant officer who is recommended for discharge by a 
selection board convened pursuant to subsection (b) and whose discharge 
is approved by the Secretary concerned shall be discharged on a date 
specified by the Secretary concerned.
    (5) Selection of warrant officers for discharge under this 
subsection shall be based on the needs of the service.
    (d) The discharge of any warrant officer pursuant to this section 
shall be considered involuntary for purposes of any other provision of 
law.
    (e) This section applies to the Secretary of Transportation in the 
same manner and to the same extent as it applies to the Secretary of 
Defense. The Commandant of the Coast Guard shall take the action set 
forth in subsection (b) with respect to regular warrant officers of the 
Coast Guard.

(Added Pub. L. 103-160, div. A, title V, Sec. 504(a), Nov. 30, 1993, 107 
Stat. 1644; amended Pub. L. 103-337, div. A, title V, Sec. 541(g), title 
X, Sec. 1070(a)(3), Oct. 5, 1994, 108 Stat. 2767, 2855.)


                               Amendments

    1994--Subsec. (a). Pub. L. 103-337, Sec. 1070(a)(3), substituted 
``November 30, 1993,'' for ``the date of the enactment of this 
section''.
    Subsec. (e). Pub. L. 103-337, Sec. 541(g), added subsec. (e).


                    Effective Date of 1994 Amendment

    Amendment by section 541(g) 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.
