§ 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 chief warrant officer who has twice failed of selection for promotion to the next higher regular warrant officer grade shall be retired under paragraph (2) or (3) or separated from active duty under paragraph (4).
(2)
If a warrant officer described in paragraph (1) has more than 20 years of creditable active service on
(A)
the date on which the Secretary concerned approves the report of the board under section
576
(e) of this title, or
(B)
the date on which his name was removed from the recommended list under section
579 of this title, whichever applies, the warrant officer 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. A warrant officer retired under this paragraph shall receive retired pay computed under section
1401 of this title.
(3)
If a warrant officer described in paragraph (1) has at least 18 but not more than 20 years of creditable active service on
(A)
the date on which the Secretary concerned approves the report of the board under section
576
(e) of this title, or
(B)
the date on which his name was removed from the recommended list under section
579 of this title, whichever applies, the warrant officer shall be retired not later than the date determined under the next sentence unless he is selected for promotion to the next higher regular warrant officer grade before that date. The date of the retirement of a warrant officer under the preceding sentence shall be on a date specified by the Secretary concerned, 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, except as provided by section
8301 of title
5. A warrant officer retired under this paragraph shall receive retired pay computed under section
1401 of this title.
(4)
(A)
If a warrant officer described in paragraph (1) has less than 18 years of creditable active service on
(i)
the date on which the Secretary concerned approves the report of the board under section
576
(e) of this title, or
(ii)
the date on which his name was removed from the recommended list under section
579 of this title, whichever applies, the warrant officer shall be separated (except as provided in subparagraph (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 separated under this paragraph shall receive separation pay computed under section
1174 of this title, or severance pay computed under section
286a of title
14, as appropriate, except in a case in which—
(C)
If on the date on which a warrant officer is to be separated under subparagraph (A) the warrant officer has at least 18 years of creditable active service, the warrant officer shall be retained on active duty until retired under paragraph (3) in the same manner as if the warrant officer had had at least 18 years of service on the applicable date under subparagraph (A) or (B) of that paragraph.
(5)
A warrant officer 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” means active service that could be credited to a warrant officer under section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114).
(b)
The Secretary concerned may defer, for not more than four months, the retirement or separation under this section of a warrant officer 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 may defer, until such date as he prescribes, the retirement under subsection (a) of a warrant officer who is serving on active duty in a grade above chief warrant officer, W–5, and who elects to continue to so serve.
(d)
If a warrant officer who also holds a grade above chief warrant officer, W–5, is retired or separated under subsection (a), his commission in the higher grade shall be terminated on the date on which he is so retired or separated.
(e)
(1)
A regular warrant officer subject to discharge or retirement under this section may, subject to the needs of the service, be continued on active duty if—
(2)
(3)
Each warrant officer who is continued on active duty under this subsection, not subsequently promoted or continued on active duty, and not on a list of warrant officers recommended for continuation or for promotion to the next higher regular grade shall, unless sooner retired or discharged under another provision of law—
(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), a warrant officer who would otherwise be discharged under such subparagraph and who is within two years of qualifying for retirement under section
1293 of this title shall, unless he is sooner retired or discharged under some other provision of law, be retained on active duty until he is qualified for retirement under that section and then be retired.
(4)
The retirement or discharge of a warrant officer pursuant to this subsection shall be considered to be an involuntary retirement or discharge for purposes of any other provision of law.
(f)
A warrant officer subject to discharge or retirement under this section, but against whom any action has been commenced with a view to trying the officer by court-martial, may be continued on active duty, without prejudice to such action, until the completion of such action.