
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: 10USC581]

 
                         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. 581. Selective retirement

    (a) A regular warrant officer who holds a warrant officer grade 
above warrant officer, W-1, and whose name is not on a list of warrant 
officers recommended for promotion and who is eligible to retire under 
any provision of law may be considered for retirement by a selection 
board convened under section 573(c) of this title. The Secretary 
concerned shall specify the maximum number of warrant officers that such 
a board may recommend for retirement.
    (b) A warrant officer who is recommended for retirement under this 
section and whose retirement is approved by the Secretary concerned 
shall be retired, under any provision of law under which he is eligible 
to retire, on the date requested by him and approved by the Secretary 
concerned, which date shall be not later than the first day of the 
seventh calendar month beginning after the month in which the Secretary 
concerned approves the report of the board which recommended the officer 
for retirement.
    (c) The retirement of a warrant officer pursuant to this section 
shall be considered to be an involuntary retirement for purposes of any 
other provision of law.
    (d)(1) The Secretary concerned shall prescribe regulations for the 
administration of this section. Such regulations shall require that when 
the Secretary concerned submits a list of regular warrant officers to a 
selection board convened under section 573(c) of this title to consider 
regular warrant officers for selection for retirement under this 
section, the list shall include each warrant officer on the active-duty 
list in the same grade or same grade and competitive category whose 
position on the active-duty list is between that of the most junior 
regular warrant officer in that grade whose name is submitted to the 
board and that of the most senior regular warrant officer in that grade 
whose name is submitted to the board.
    (2) Such regulations shall establish procedures to exclude from 
consideration by the board any warrant officer who has been approved for 
voluntary retirement, or who is to be mandatorily retired under any 
other provision of law, during the fiscal year in which the board is 
convened or during the following fiscal year. An officer not considered 
by a selection board convened under section 573(c) of this title under 
such regulations because the officer has been approved for voluntary 
retirement shall be retired on the date approved for the retirement of 
such officer as of the convening date of such selection board unless the 
Secretary concerned approves a modification of such date in order to 
prevent a personal hardship for the officer or for other humanitarian 
reasons.
    (e) The Secretary concerned may defer for not more than 90 days the 
retirement of an officer otherwise approved for early retirement under 
this section in order to prevent a personal hardship to the officer or 
for other humanitarian reasons. Any such deferral shall be made on a 
case-by-case basis considering the circumstances of the case of the 
particular officer concerned. The authority of the Secretary to grant 
such a deferral may not be delegated.

(Added Pub. L. 102-190, div. A, title XI, Sec. 1112(a), Dec. 5, 1991, 
105 Stat. 1500; amended Pub. L. 102-484, div. A, title X, Sec. 1052(5), 
Oct. 23, 1992, 106 Stat. 2499; Pub. L. 103-337, div. A, title V, 
Sec. 541(b)(6), Oct. 5, 1994, 108 Stat. 2765; Pub. L. 104-106, div. A, 
title V, Sec. 504(a), Feb. 10, 1996, 110 Stat. 295.)


                               Amendments

    1996--Subsec. (e). Pub. L. 104-106 added subsec. (e).
    1994--Subsec. (a). Pub. L. 103-337 struck out ``in the Army, Navy, 
Air Force, or Marine Corps'' after ``A regular warrant officer''.
    1992--Subsec. (d)(2). Pub. L. 102-484 substituted ``board'' for 
``Board'' in two places in first sentence.


                    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 section 573 of this title.
