---
kind: "section"
citation: "10 U.S.C. § 1165"
title: "10"
title_heading: "Armed Forces"
number: "1165"
heading: "Regular warrant officers: separation during three-year probationary period"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1165"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 59 — Separation"
---

# §1165. Regular warrant officers: separation during three-year probationary period


The [Secretary concerned](/usc/10/2801.md?p=c-5) may terminate the [regular](/usc/10/101.md?p=b-12) appointment of any permanent [regular](/usc/10/101.md?p=b-12) [warrant officer](/usc/10/101.md?p=b-3) at any time within three years after the date when the [officer](/usc/10/101.md?p=b-1) accepted his [original](/usc/10/101.md?p=b-10) permanent appointment as a [warrant officer](/usc/10/101.md?p=b-3) in that [component](/usc/10/3011.md?p=13). A [warrant officer](/usc/10/101.md?p=b-3) who is separated under this section is entitled, if eligible therefor, to separation [pay](/usc/10/101.md?p=a-15) under [section 1174](/usc/10/1174.md) or he may be enlisted under [section 515 of this title](/usc/10/515.md). If such a [warrant officer](/usc/10/101.md?p=b-3) is enlisted under [section 515 of this title](/usc/10/515.md), he is not entitled to separation [pay](/usc/10/101.md?p=a-15).


## Source credit

(Aug. 10, 1956, ch. 1041, 70A Stat. 90; Pub. L. 96–513, title I, § 109(b)(1), Dec. 12, 1980, 94 Stat. 2870.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 1165 | 10:600d (less last 36 words of last sentence).<br>34:135d (less last 36 words of last sentence). | May 29, 1954, ch. 249, § 6 (less last 36 words of last sentence), 68 Stat. 159. |

The words “in his discretion” are omitted as surplusage. The last 10 words of the last sentence are inserted for clarity.

### Editorial Notes

### Amendments

1980—Pub. L. 96–513 authorized entitlement, if the regular warrant officer is eligible therefor, to separation pay under section 1174.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.