before the appointment; and (2) in the case of an officer not on the active-duty list immediately before that appointment as a regular officer, be appointed in the same grade and with the same date of rank as the grade and date of rank which the officer would have held had the officer been serving on the active-duty list on the date of the appointment as a regular officer" for "An officer of a reserve component who receives an original appointment as an officer (other than a warrant officer) in the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps shall be appointed in the grade and with the date of rank to which he would have been entitled had he been serving on active duty as an officer of a reserve component on the date of such original appointment as a regular officer". TRANSITION PROVISION Under DefensE OFFICER For savings provision relating to constructive service previously granted, see section 625 of Pub. L. 96-513, set out as a note under section 611 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 531, 603 of this title. § 541. Graduates of the United States Military, Naval, and Air Force Academies (a) Notwithstanding any other provision of law, each cadet at the United States Military Academy or the United States Air Force Academy, and each midshipman at the United States Naval Academy, is entitled, before graduating from that Academy, to state his preference for appointment, upon graduation, as a commissioned officer in either the Army, Navy, Air Force, or Marine Corps. (b) With the consent of the Secretary of the military department administering the Academy from which the cadet or midshipman is to be graduated, and of the Secretary of the military department having jurisdiction over the armed force for which that graduate stated his preference, the graduate is entitled to be accepted for appointment in that armed force. However, not more than 12% percent of any graduating class at an Academy may be appointed in armed forces not under the jurisdiction of the military department administering that Academy. (c) The Secretary of Defense shall, by regulation, provide for the equitable distribution of appointments in cases where more than 12%2 percent of the graduating class of any Academy request appointment in armed forces not under the jurisdiction of the military department administering that Academy. (Aug. 10, 1956, ch. 1041, 70A Stat. 19.) In subsection (a), the words "is entitled * to" are substituted for the words "shall ・・・ be afforded an opportunity to". In subsection (b), the words "is entitled" are substituted for the word "shall". In subsection (c), the words "and fair" are omitted 10:1092c-1(c), as surplusage. 10:1856(c), and 34:1057-1(c) are omitted as covered by section 51(a) of the bill. EFFECTIVE DATE Section 52 (a) of act Aug. 10, 1956, provided that: "Section 541 of title 10, United States Code, enacted by section 1 of this Act, takes effect (1) in the year in which the initial class graduates from the United States Air Force Academy, or (2) upon the rescission of the agreement under which graduates of the United States Military Academy and the United States Naval Academy may volunteer for appointment in the Air Force, whichever is earlier." APPOINTMENT OF UNITED STATES MILITARY ACADEMY GRADUATES IN AIR FORCE Section 44 of act Aug. 10, 1956, provided that: "(a) Notwithstanding any other provision of law, a cadet who graduates from the United States Military Academy may, upon graduation and before the effective date of section 541 of title 10, United States Code, be appointed a second lieutenant in the Regular Air Force. "(b) Notwithstanding any other provision of law, no person who was a cadet at the United States Military Academy may be originally appointed in a commissioned grade in the Regular Air Force under this section before the date on which his classmates at the Academy are graduated and appointed as officers. No person who was a cadet at, but did not graduate from, the Academy may be credited, upon appointment as a commissioned officer of the Regular Air Force, with longer service than that credited to any member of his class at the Academy whose service in the Air Force, or in the Army and the Air Force, has been continuous since graduation. "(c) A graduate of the United States Military Academy who is originally appointed a second lieutenant in the Regular Air Force under this section is not entitled to any service credit under this section. "(d) Rank among graduates of each class of the United States Military Academy who, upon graduation, are appointed in the Regular Air Force under this section shall be fixed under regulations prescribed by the Secretary of the Air Force. "(e) The authorized strength in any regular grade is automatically increased to the minimum extent necessary to give effect to each appointment made under this section. An authorized strength so increased is increased for no other purpose, and while he holds that grade the officer whose appointment caused the increase is counted for the purpose of determining when other appointments, not under this section, may be made in that grade." Chief warrant officer, W-2 Warrant officer, W-1 (b) Appointments of regular chief warrant officers of the Army and the Air Force shall be made by warrant by the Secretary concerned. Permanent appointments of regular chief warrant officers of the Navy, Marine Corps, and Coast Guard shall be made by commission by the President, by and with the advice and consent of the Senate. Permanent appointments of regular warrant officers, W-1, shall be made by warrant by the Secretary concerned. (Aug. 10, 1956, ch. 1041, 70A Stat. 20; Sept. 7, 1962, Pub. L. 87-649, §§ 6(f)(2), 14c(2), 76 Stat. 494, 501; July 30, 1977, Pub. L. 95-79, title III, § 302(a)(4), 91 Stat. 326.) Definition of warrant officer, see section 101 of this title. Grades Applicability to permanent reserve warrant officers, see section 597 of this title. Navy and Marine Corps, see section 5503 of this title. Pay grades, see section 201 of Title 37, Pay and Allowances of the Uniformed Services. Qualifications for original appointment Army and Air Force, see sections 3310, 8310 of this Coast Guard, see section 213 of Title 14, Coast Reserve warrant officers, appointment, see section 597 of this title. Section not applicable to warrant officers of former Coast Guard, see section 214 of Title 14, Coast HISTORICAL AND REVISION NOTES Navy and Marine Corps, see section 5596 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 556, 597 of this title; title 14 section 438. § 556. Warrant officers: original appointment; service credit For the purposes of promotion, persons originally appointed in regular warrant officer grades under section 555 of this title shall be credited with such service as the Secretary concerned may prescribe. However, such a person may not be credited with a period of service greater than the period of active service performed in the grade, or pay grade corresponding to the grade, in which so appointed, or in any higher grade or pay grade. (Aug. 10, 1956, ch. 1041, 70A Stat. 20.) Eligibility for promotion, see section 559 of this title. Section not applicable to warrant officers of former Life Saving Service, Lighthouse Service, etc., see section 438 of Title 14, Coast Guard. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 14 section 438. § 557. Warrant officers: promotion; qualifications (a) The promotion of permanent regular warrant officers to permanent regular warrant officer grades shall be governed by such regulations relating to physical, moral, and professional qualifications as the Secretary concerned may prescribe. However, the physical qualifications for promotion must be the same as those prescribed for retention on active duty. (b) A regular warrant officer who is selected for promotion to the next higher regular warrant officer grade under this chapter, but who, within such time as may be prescribed by the Secretary concerned, fails to meet the moral and professional qualifications prescribed by the Secretary under subsection (a), shall be treated as if he had twice failed of selection for promotion. (Aug. 10, 1956, ch. 1041, 70A Stat. 20.) In subsection (a), the words "by this Act" are omitted as covered by the sections of this revised chapter. In subsection (b), the words "shall not be appointed to that higher grade" are omitted as surplusage. The words "shall be treated" are substituted for the words "his case shall be governed". The words "by section 13 of this Act" are omitted as covered by the words "shall be treated as if he had twice failed of selection for promotion". CROSS REFERENCES Promotion of permanent reserve warrant officers, see section 598 of this title. Second failure of promotion, see section 564 of this title. Section not applicable to warrant officers of former Life Saving Service, Lighthouse Service, etc., see section 438 of Title 14, Coast Guard. Suspension during war or emergency, see section 565 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 563, 564 of this title; title 14 section 438. § 558. Warrant officers: promotion; selection boards (a) Whenever the Secretary concerned determines that the needs of the service so require, but at least once a year, he shall appoint selection boards to consider permanent regular warrant officers for promotion to permanent regular warrant officer grades. Each board shall be composed of at least five officers of the armed force concerned who hold a permanent regular grade above major or lieutenant commander. (b) No officer may serve on two consecutive boards under this section, if the second board considers any warrant officer who was considered by the first board. (c) The Secretary concerned shall prescribe all other matters relating to the functions and duties of the boards, including the number of members constituting a quorum. (Aug. 10, 1956, ch. 1041, 70A Stat. 20.) CROSS REFERENCES Suspension during war or emergency, see section 565 of this title. § 559. Warrant officers: eligibility for promotion Each permanent regular warrant officer shall be considered by a selection board for promotion to the next higher permanent regular warrant officer grade far enough in advance of the date upon which he will complete (1) three years of service in his permanent regular warrant officer grade, if he is in the grade of warrant officer, W-1, or (2) six years of service in his permanent regular warrant officer grade, if he is in the grade of chief warrant officer, W-2, or chief warrant officer, W-3, so that he may be promoted as of the day after the date on which he will complete that service. (Aug. 10, 1956, ch. 1041, 70A Stat. 21.) HISTORICAL AND REVISION NOTES The words "far enough in advance of the date upon which he will complete (1) three years of service in his permanent regular warrant officer grade, if he is in the grade of warrant officer, W-1, or (2) six years of service in his permanent regular warrant officer grade, if he is in the grade of chief warrant officer, W-2, or chief warrant officer, W-3" are substituted for the words "sufficiently in advance of the date on which he completes the service in permanent warrant grade in the regular service prescribed in this section" and clauses (1), (2), and (3). 10:600g(a) (words within parentheses) and 34:330b(a) (words within parentheses) are omitted as covered by section 556 of this title. The words "as prescribed by the Secretary" and "subject to the provisions of this Act" are omitted as surplusage. CROSS REFERENCES Date of appointment, see section 563 of this title. Section not applicable to warrant officers of former Life Saving Service, Lighthouse Service, etc., see section 438 of Title 14, Coast Guard. Service credit on original appointment, see section 556 of this title. Suspension during war or emergency, see section 565 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 561, 563 of this title; title 14 section 438. lected under this section for promotion to each of the grades of chief warrant officer, W-3 and chief warrant officer, W-4. The number so prescribed by him for a grade may not be less than 80 percent of the number of warrant officers who are being considered for the first time for promotion to that grade. (d) From the list of chief warrant officers, W-2, and chief warrant officers, W-3, the selection board shall select for promotion to the next higher permanent regular warrant officer grade those whom it considers best qualified for promotion, but not more than the number specified by the Secretary. (e) Under such regulations as the Secretary may prescribe, the selection board shall report the names of those chief warrant officers considered by it whose records and reports establish, in its opinion, their unfitness or unsatisfactory performance in their permanent regular grades. A warrant officer whose name is so reported shall be retired, enlisted, or separated under section 1165 or 1166 of this title. (f) The names of warrant officers selected for promotion under this section shall be arranged in the board's report in order of seniority in permanent regular grade. (g) The report of the selection board shall be submitted to the Secretary concerned. The Secretary may approve or disapprove all or part of the report. (Aug. 10, 1956, ch. 1041, 70A Stat. 21; Sept. 2, 1958, Pub. L. 85-861, § 33(a)(3), 72 Stat. 1564.) (a) The Secretary concerned shall furnish each selection board a list of all permanent regular warrant officers, in order of seniority in permanent regular grade, who are eligible to be considered for promotion to the next higher permanent regular warrant officer grade. (b) From the list of warrant officers, W-1, the selection board shall select those whom it considers fully qualified for promotion. It shall also report the names of those whom it recommends for termination under section 1165 of this title. (c) The Secretary concerned shall prescribe the number of warrant officers who may be se In subsection (a), the words "under subsections (a) and (b) of section 600g of this title" and "by that selection board" are omitted as surplusage. In subsection (b), the words "which the Secretary has submitted to it" and "to the grade of chief warrant officer, W-2" are omitted as surplusage. The words "for termination under section 1164 of this title" are substituted for the words "for termination of their appointment under section 600d of this title" to reflect section 1164 of this title. In subsection (c), the first sentence is inserted for clarity. The words "may not be less than" are substituted for the words "shall be equal to not less than". In subsection (d), the words "but not more than the number" are substituted for the words "in numbers not exceeding the number". The words "which the Secretary has submitted to it" are omitted as surplusage. In subsection (e), the words "considered by it" are substituted for the words "among those eligible for consideration". The words, "permanent regular" are substituted for the word "present". The words "shall be retired, enlisted, or separated under section 1164 or 1165 of this title" are substituted for the words "governed by section 600m of this title", to reflect those revised sections. The words "of duty" are omitted as surplusage. AMENDMENTS 1958-Subsec. (b). Pub. L. 85-861 substituted "section 1165 of this title" for "section 1164 of this title". EFFECTIVE Date of 1958 AMENDMENT Amendment by Pub. L. 85-861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85-861, set out as a note under section 101 of this title. CROSS REFERENCES Section not applicable to warrant officers of former Life Saving Service, Lighthouse Service, etc., see section 438 of Title 14, Coast Guard. Suspension during war or emergency, see section 565 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 563, 564, 1166 of this title; title 14 section 438. § 561. Warrant officers: effect of failure of selection for promotion A regular warrant officer who has been considered by a selection board for promotion under section 559 of this title, but not selected, shall be considered for promotion by each later selection board that considers officers in his permanent regular grade, until he is retired, separated, or selected for promotion. (Aug. 10, 1956, ch. 1041, 70A Stat. 22.) HISTORICAL AND REVISION NOTES The words "not selected" are substituted for the words "who fails to be selected for promotion to the next higher permanent grade in the regular service". CROSS REFERENCES Second failure of promotion, effect, see section 564 of this title. Section not applicable to warrant officers of former Life Saving Service, Lighthouse Service, etc., see section 438 of Title 14, Coast Guard. Suspension during war or emergency, see section 565 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 14 section 438. § 562. Warrant officers: disapproval of promotion by Secretary concerned, President, or Senate (a) If the Secretary concerned, the President, or the Senate disapproves the promotion of a permanent regular warrant officer before it takes effect, his name shall be removed from the list of those selected for the promotion and he continues to be eligible for consideration for promotion. (b) If the next selection board selects that warrant officer for promotion, his name shall be replaced without prejudice on the list from which it was removed. If he is promoted, his date of appointment is the date it would have been had his name not been removed. (c) If the next selection board does not select him for promotion, or if his name is again removed under subsection (a) from the list of officers selected by the next selection board, he shall be treated as if he had twice failed of selection for promotion. (Aug. 10, 1956, ch. 1041, 70A Stat. 22.) HISTORICAL AND REVISION NOTES In subsection (a), 10:600h(c) (2d through 9th words) and 34:330c(c) (2d through 9th words) and the words "his case shall be governed by section 600i of this title", 10:600i(c) (1st 32 words), and 34:330d(c) (1st 32 words) are omitted as surplusage. In subsection (b), the words "ensuing" and "by reason of its having been removed therefrom" are omitted as surplusage. In subsection (c), the words "he shall be treated" are substituted for the words "his case shall be governed". The words "under subsection (a)" are substituted for the words "in accordance with section 600h(c) of this title". The words "by section 600k of this title" are omitted as surplusage. CROSS REFERENCES Second failure of promotion, effect, see section 564 of this title. Section not applicable to warrant officers of former Life Saving Service, Lighthouse Service, etc., see section 438 of Title 14, Coast Guard. Suspension during war or emergency, see section 565 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 564 of this title; title 14 section 438. § 563. Warrant officers: promotion; effective date (a) A permanent regular warrant officer who is selected for promotion to the next higher permanent regular warrant officer grade by the first selection board that considered him for promotion to that grade, and who is qualified under section 557(a) of this title, shall be promoted to that grade. His date of appointment in that grade is the day after he completes the service prescribed in section 559 of this title. (b) A permanent regular warrant officer who is selected for promotion to the next higher permanent regular warrant officer grade after having previously failed of selection for promo |