---
kind: "section"
citation: "10 U.S.C. § 580"
title: "10"
title_heading: "Armed Forces"
number: "580"
heading: "Regular warrant officers twice failing of selection for promotion: involuntary retirement or separation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/580"
units:
  - "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"
---

# §580. Regular warrant officers twice failing of selection for promotion: involuntary retirement or separation

- (a)
  - (1) Unless retired or separated sooner under some other provision of law, a [regular](/usc/10/101.md?p=b-12) chief [warrant officer](/usc/10/101.md?p=b-3) who has twice failed of selection for promotion to the next higher [regular](/usc/10/101.md?p=b-12) [warrant officer](/usc/10/101.md?p=b-3) [grade](/usc/10/101.md?p=b-7) shall be retired under paragraph [(2)](#a-2) or [(3)](#a-3) or separated from [active duty](/usc/10/101.md?p=d-1) under [paragraph (4)](#a-4).
  - (2) If a [warrant officer](/usc/10/101.md?p=b-3) described in [paragraph (1)](#a-1) has more than 20 years of creditable [active service](/usc/10/101.md?p=d-3) on (A) the date on which the [Secretary concerned](/usc/10/2801.md?p=c-5) approves the report of the board under [section 576(e) of this title](/usc/10/576.md?p=e), or (B) the date on which his name was removed from the recommended list under [section 579 of this title](/usc/10/579.md), whichever applies, the [warrant officer](/usc/10/101.md?p=b-3) shall be retired. The date of such retirement shall be not later than the first day of the seventh calendar month beginning after the applicable date under the preceding sentence, except as provided by [section 8301 of title 5](/usc/5/8301.md). A [warrant officer](/usc/10/101.md?p=b-3) retired under this paragraph shall receive retired [pay](/usc/10/101.md?p=a-15) computed under [section 1401 of this title](/usc/10/1401.md).
  - (3) If a [warrant officer](/usc/10/101.md?p=b-3) described in [paragraph (1)](#a-1) has at least 18 but not more than 20 years of creditable [active service](/usc/10/101.md?p=d-3) on (A) the date on which the [Secretary concerned](/usc/10/2801.md?p=c-5) approves the report of the board under [section 576(e) of this title](/usc/10/576.md?p=e), or (B) the date on which his name was removed from the recommended list under [section 579 of this title](/usc/10/579.md), whichever applies, the [warrant officer](/usc/10/101.md?p=b-3) shall be retired not later than the date determined under the next sentence unless he is selected for promotion to the next higher [regular](/usc/10/101.md?p=b-12) [warrant officer](/usc/10/101.md?p=b-3) [grade](/usc/10/101.md?p=b-7) before that date. The date of the retirement of a [warrant officer](/usc/10/101.md?p=b-3) under the preceding sentence shall be on a date specified by the [Secretary concerned](/usc/10/2801.md?p=c-5), but not later than the first day of the seventh calendar month beginning after the date upon which he completes 20 years of [active service](/usc/10/101.md?p=d-3), except as provided by [section 8301 of title 5](/usc/5/8301.md). A [warrant officer](/usc/10/101.md?p=b-3) retired under this paragraph shall receive retired [pay](/usc/10/101.md?p=a-15) computed under [section 1401 of this title](/usc/10/1401.md).
  - (4)
    - (A) If a [warrant officer](/usc/10/101.md?p=b-3) described in [paragraph (1)](#a-1) has less than 18 years of creditable [active service](/usc/10/101.md?p=d-3) on (i) the date on which the [Secretary concerned](/usc/10/2801.md?p=c-5) approves the report of the board under [section 576(e) of this title](/usc/10/576.md?p=e), or (ii) the date on which his name was removed from the recommended list under [section 579 of this title](/usc/10/579.md), whichever applies, the [warrant officer](/usc/10/101.md?p=b-3) shall be separated (except as provided in [subparagraph (C)](#a-4-C)). The date of such separation shall be not later than the first day of the seventh calendar month beginning after the applicable date under the preceding sentence.
    - (B) A [warrant officer](/usc/10/101.md?p=b-3) separated under this paragraph shall receive separation [pay](/usc/10/101.md?p=a-15) computed under [section 1174 of this title](/usc/10/1174.md), or severance [pay](/usc/10/101.md?p=a-15) computed under section 286a[^1] of title 14, as appropriate, except in a case in which—
      - (i) upon his request and in the discretion of the [Secretary concerned](/usc/10/2801.md?p=c-5), he is enlisted in the [grade](/usc/10/101.md?p=b-7) prescribed by the [Secretary](/usc/10/4951.md?p=3); or
      - (ii) he is serving on [active duty](/usc/10/101.md?p=d-1) in a [grade](/usc/10/101.md?p=b-7) above chief [warrant officer](/usc/10/101.md?p=b-3), W–5, and he elects, with the consent of the [Secretary concerned](/usc/10/2801.md?p=c-5), to remain on [active duty](/usc/10/101.md?p=d-1) in that status.
    - (C) If on the date on which a [warrant officer](/usc/10/101.md?p=b-3) is to be separated under [subparagraph (A)](#a-4-A) the [warrant officer](/usc/10/101.md?p=b-3) has at least 18 years of creditable [active service](/usc/10/101.md?p=d-3), the [warrant officer](/usc/10/101.md?p=b-3) shall be retained on [active duty](/usc/10/101.md?p=d-1) until retired under [paragraph (3)](#a-3) in the same manner as if the [warrant officer](/usc/10/101.md?p=b-3) had had at least 18 years of service on the applicable date under subparagraph [(A)](#a-4-A) or [(B)](#a-4-B) of that paragraph.
  - (5) A [warrant officer](/usc/10/101.md?p=b-3) who is subject to retirement or discharge under this subsection is not eligible for further consideration for promotion.
  - (6) In this subsection, the term “creditable [active service](/usc/10/101.md?p=d-3)” means [active service](/usc/10/101.md?p=d-3) that could be credited to a [warrant officer](/usc/10/101.md?p=b-3) under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114).
- (b) The [Secretary concerned](/usc/10/2801.md?p=c-5) may defer, for not more than four months, the retirement or separation under this section of a [warrant officer](/usc/10/101.md?p=b-3) if, because of unavoidable circumstances, evaluation of his physical condition and determination of his entitlement to retirement or separation for physical disability require hospitalization or medical observation that cannot be completed before the date on which he would otherwise be required to retire or be separated under this section.
- (c) The [Secretary concerned](/usc/10/2801.md?p=c-5) may defer, until such date as he prescribes, the retirement under [subsection (a)](#a) of a [warrant officer](/usc/10/101.md?p=b-3) who is serving on [active duty](/usc/10/101.md?p=d-1) in a [grade](/usc/10/101.md?p=b-7) above chief [warrant officer](/usc/10/101.md?p=b-3), W–5, and who elects to continue to so serve.
- (d) If a [warrant officer](/usc/10/101.md?p=b-3) who also holds a [grade](/usc/10/101.md?p=b-7) above chief [warrant officer](/usc/10/101.md?p=b-3), W–5, is retired or separated under [subsection (a)](#a), his commission in the higher [grade](/usc/10/101.md?p=b-7) shall be terminated on the date on which he is so retired or separated.
- (e)
  - (1) A [regular](/usc/10/101.md?p=b-12) [warrant officer](/usc/10/101.md?p=b-3) subject to discharge or retirement under this section may, subject to the needs of the service, be continued on [active duty](/usc/10/101.md?p=d-1) if—
    - (A) in the case of a [warrant officer](/usc/10/101.md?p=b-3) in the [grade](/usc/10/101.md?p=b-7) of chief [warrant officer](/usc/10/101.md?p=b-3), W–2, or chief [warrant officer](/usc/10/101.md?p=b-3), W–3, the [warrant officer](/usc/10/101.md?p=b-3) is selected for continuation on [active duty](/usc/10/101.md?p=d-1) by a selection board convened under [section 573(c) of this title](/usc/10/573.md?p=c); and
    - (B) in the case of a [warrant officer](/usc/10/101.md?p=b-3) in the [grade](/usc/10/101.md?p=b-7) of chief [warrant officer](/usc/10/101.md?p=b-3), W–4, the [warrant officer](/usc/10/101.md?p=b-3) is selected for continuation on [active duty](/usc/10/101.md?p=d-1) by the [Secretary concerned](/usc/10/2801.md?p=c-5) under such procedures as the [Secretary](/usc/10/4951.md?p=3) may prescribe.
  - (2)
    - (A) A [warrant officer](/usc/10/101.md?p=b-3) who is selected for continuation on [active duty](/usc/10/101.md?p=d-1) under this subsection but declines to continue on [active duty](/usc/10/101.md?p=d-1) shall be discharged, retired, or retained on [active duty](/usc/10/101.md?p=d-1), as appropriate, in accordance with this section.
    - (B) A [warrant officer](/usc/10/101.md?p=b-3) in the [grade](/usc/10/101.md?p=b-7) of chief [warrant officer](/usc/10/101.md?p=b-3), W–4, who is retained on [active duty](/usc/10/101.md?p=d-1) pursuant to procedures prescribed under [paragraph (1)(B)](#e-1-B) is eligible for further consideration for promotion while remaining on [active duty](/usc/10/101.md?p=d-1).
  - (3) Each [warrant officer](/usc/10/101.md?p=b-3) who is continued on [active duty](/usc/10/101.md?p=d-1) under this subsection, not subsequently promoted or continued on [active duty](/usc/10/101.md?p=d-1), and not on a list of [warrant officers](/usc/10/101.md?p=b-3) recommended for continuation or for promotion to the next higher [regular](/usc/10/101.md?p=b-12) [grade](/usc/10/101.md?p=b-7) shall, unless sooner retired or discharged under another provision of law—
    - (A) be discharged upon the expiration of his period of continued service; or
    - (B) if he is eligible for retirement under any provision of law, be retired under that law on the first day of the first month following the month in which he completes his period of continued service.

    Notwithstanding [subparagraph (A)](#e-3-A), a [warrant officer](/usc/10/101.md?p=b-3) who would otherwise be discharged under such subparagraph and who is within two years of qualifying for retirement under [section 1293 of this title](/usc/10/1293.md) shall, unless he is sooner retired or discharged under some other provision of law, be retained on [active duty](/usc/10/101.md?p=d-1) until he is qualified for retirement under that section and then be retired.

  - (4) The retirement or discharge of a [warrant officer](/usc/10/101.md?p=b-3) pursuant to this subsection shall be considered to be an involuntary retirement or discharge for purposes of any other provision of law.
  - (5) Continuation of a [warrant officer](/usc/10/101.md?p=b-3) on [active duty](/usc/10/101.md?p=d-1) under this subsection pursuant to the action of a selection board convened under [section 573(c) of this title](/usc/10/573.md?p=c) is subject to the approval of the [Secretary concerned](/usc/10/2801.md?p=c-5).
  - (6) The [Secretary](/usc/10/4951.md?p=3) of Defense and the [Secretary](/usc/10/4951.md?p=3) of Homeland Security, when the Coast Guard is not operating as a service in the Navy, shall prescribe regulations for the administration of this subsection.
- (f) A [warrant officer](/usc/10/101.md?p=b-3) subject to discharge or retirement under this section, but against whom any action has been commenced with a view to trying the [officer](/usc/10/101.md?p=b-1) by court-martial, may be continued on [active duty](/usc/10/101.md?p=d-1), without prejudice to such action, until the completion of such action.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Added Pub. L. 102–190, div. A, title XI, § 1112(a), Dec. 5, 1991, 105 Stat. 1498; amended Pub. L. 103–160, div. A, title V, § 505(a), Nov. 30, 1993, 107 Stat. 1645; Pub. L. 103–337, div. A, title V, § 541(b)(5), Oct. 5, 1994, 108 Stat. 2765; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109–364, div. A, title V, § 505(a), (b), Oct. 17, 2006, 120 Stat. 2179; Pub. L. 111–383, div. A, title V, § 541, Jan. 7, 2011, 124 Stat. 4218.)

## Notes

### Editorial Notes

### References in Text

Section 286a of title 14, referred to in subsec. (a)(4)(B), was redesignated section 2147 of title 14 by Pub. L. 115–282, title I, § 112(b), Dec. 4, 2018, 132 Stat. 4216, and references to section 286a of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.

Section 511 of the Career Compensation Act of 1949, referred to in subsec. (a)(6), is section 511 of act Oct. 12, 1949, ch. 681, which was formerly set out as a note below.

### Prior Provisions

Provisions similar to those in this section were contained in section 564 of this title prior to repeal by Pub. L. 102–190, § 1112(a).

### Amendments

2011—Subsec. (f). Pub. L. 111–383 added subsec. (f).

2006—Subsec. (e)(1). Pub. L. 109–364, § 505(a), substituted “continued on active duty if—” and subpars. (A) and (B) for “continued on active duty if he is selected for continuation on active duty by a selection board convened under section 573(c) of this title.”

Subsec. (e)(2). Pub. L. 109–364, § 505(b), designated existing provisions as subpar. (A) and added subpar. (B).

2002—Subsec. (e)(6). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

1994—Subsec. (a)(4)(B). Pub. L. 103–337, § 541(b)(5)(A), inserted “, or severance pay computed under section 286a of title 14, as appropriate,” after “section 1174 of this title”.

Subsec. (e)(6). Pub. L. 103–337, § 541(b)(5)(B), inserted “and the Secretary of Transportation, when the Coast Guard is not operating as a service in the Navy,” after “Secretary of Defense”.

1993—Subsec. (a)(4)(A). Pub. L. 103–160, § 505(a)(1), inserted “(except as provided in subparagraph (C))” after “shall be separated”.

Subsec. (a)(4)(C). Pub. L. 103–160, § 505(a)(2), added subpar. (C).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

### 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.

### Effective Date of 1993 Amendment

Pub. L. 103–160, div. A, title V, § 505(b), Nov. 30, 1993, 107 Stat. 1646, provided that: “The amendments made by subsection (a) [amending this section] shall apply to warrant officers who have not been separated pursuant to section 580(a)(4) of title 10, United States Code, before the date of enactment of this Act [Nov. 30, 1993].”

### Effective Date

Section effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as an Effective Date of 1991 Amendment note under section 521 of this title.

### Retired and Retainer Pay of Members on Retired Lists or Receiving Retainer Pay

Act Oct. 12, 1949, ch. 681, title V, § 511, 63 Stat. 829, as amended May 19, 1952, ch. 310, § 4, 66 Stat. 80; Apr. 23, 1956, ch. 208, § 1, 70 Stat. 114, set forth methods of computing retired pay, retirement pay, retainer pay, or equivalent pay on and after Oct. 1, 1949, for members of the uniformed services who had retired for reasons other than for physical disability before Oct. 1, 1949, members who had transferred to the Fleet Reserve or the Fleet Marine Corps Reserve before such date, and certain members of the Army Nurse Corps or the Navy Nurse Corps who had retired before such date, and provided that the amount of such pay would not exceed 75 percentum of the monthly basic pay upon which the computation had been based.