US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 1166

Regular warrant officers: elimination for unfitness or unsatisfactory performance

(a)
section 576 of this title70 Stat. 114section 1174 of this title1
1 See References in Text note below.
section 515 of this titlesection 1165 of this title Under such regulations as the Secretary concerned may prescribe, and subject to the recommendations of a board of officers or a selection board under , a permanent regular warrant officer who is eligible for retirement under any provision of law shall be retired under that law if his records and reports establish his unfitness or unsatisfactory performance of duty. If he is not eligible for retirement under any provision of law, but since the date when he accepted his original permanent appointment as a regular warrant officer he has at least three years of active service that could be credited to him under section 511 of the Career Compensation Act of 1949, as amended (), he shall, if eligible therefor, be separated with separation pay under or severance pay under section 286a  of title 14, as appropriate. However, instead of being paid separation pay or severance pay he may be enlisted under . If he does not have three years of such service, he shall be separated under .
(b)
The Secretary concerned may defer, for not more than four months, the retirement or separation under subsection (a) of any 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 when he would otherwise be required to be retired or separated under this section.

Aug. 10, 1956, ch. 104170A Stat. 90Pub. L. 87–649, § 6(f)(3)76 Stat. 494Pub. L. 96–513, title I, § 109(b)(2)94 Stat. 2870Pub. L. 102–190, div. A, title XI, § 1131(5)105 Stat. 1506(, ; , , ; , , ; , , .)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

1166(a)

10:600m (less last 21 words of 3d sentence).

10:600(d) (as applicable to 10:600m).

34:430a (less last 21 words of 3d sentence).

34:135(d) (as applicable to 34:430a).

May 29, 1954, ch. 249, §§ 2(d) (as applicable to § 15), 14(e) (as applicable to § 15), 15 (less last 21 words of 3d sentence), 68 Stat. 157, 163, 164.

1166(b)

10:600l(e) (as applicable to 10:600m).

34:430(e) (as applicable to 34:430a).

In subsection (a), the words “he shall be separated” are substituted for the words “his appointment as a permanent warrant officer of the Regular service and any other appointment which he may hold in any warrant officer or commissioned officer grade shall be terminated” and “his appointment shall be terminated”. The words “at least three” are substituted for the words “more than three” for clarity.

In subsection (b), the words “The Secretary concerned may defer” are substituted for the words “may, in the discretion of the Secretary, be deferred”. The words “not more than” are substituted for the words “a period not to exceed”. The words “he would otherwise be required to be retired or separated under this section” are substituted for the words “retirement * * * would otherwise be required”. The words “determination of his” are inserted for clarity. The words “which is required”, “possible”, “proper”, and “a period of” are omitted as surplusage.

Editorial Notes

References in Text

act Oct. 12, 1949, ch. 681section 580 of this titleSection 511 of the Career Compensation Act of 1949, referred to in subsec. (a), is section 511 of , which was formerly set out as a note under .

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

Amendments

Pub. L. 102–1901991—Subsec. (a). substituted “section 576” for “section 560”.

Pub. L. 96–513section 286a of title 141980—Subsec. (a). provided that officers discharged under this section are entitled, if eligible therefor, to separation pay under section 1174 or severance pay under .

Pub. L. 87–64970 Stat. 114section 311 of title 371962—Subsec. (a). substituted “section 511 of the Career Compensation Act of 1949, as amended ()” for “.”

Statutory Notes and Related Subsidiaries

Effective Date of 1991 Amendment

Pub. L. 102–190section 1132 of Pub. L. 102–190section 521 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–513Pub. L. 96–513section 701 of Pub. L. 96–513section 101 of this titleAmendment by effective , but the authority to prescribe regulations under the amendment by effective on , see , set out as a note under .

Effective Date of 1962 Amendment

Pub. L. 87–649section 15 of Pub. L. 87–649section 101 of Title 37Amendment by effective , see , set out as a note preceding , Pay and Allowances of the Uniformed Services.