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Title 10 — Armed Forces

Part II · Chapter 59 — Separation

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

Statutory text

The Secretary concerned may terminate the regular appointment of any permanent regular warrant officer at any time within three years after the date when the officer accepted his original permanent appointment as a warrant officer in that component. A warrant officer who is separated under this section is entitled, if eligible therefor, to separation pay under section 1174 or he may be enlisted under section 515 of this title. If such a warrant officer is enlisted under section 515 of this title, he is not entitled to separation pay.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 90 · 70A Stat. 90

    Enacted · 10 U.S.C. § 1165

    Aug. 10, 1956, ch. 1041, 70A Stat. 90

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 90

  2. Defense Officer Personnel Management Act

    Pub. L. 96–513 title I § 109(b)(1) · 94 Stat. 2835

    Changed · 10 U.S.C. § 1165

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

    Source evidence

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

    Enacted provision · exact public law section
    (1) The second sentence of section 1165, relating to separation of regular warrant officers during their probationary period, is amended to read as follows: “A warrant officer who is separated under this section is entitled, if eligible therefor, to separation pay Infra, under section 1174 or he may be enlisted under section 515 of this title. If such a warrant officer is enlisted under section 515 of this title, he is not entitled to separation pay.”.

    Effective date note
    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.

1 of 2 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
116510:600d (less last 36 words of last sentence).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 , but the authority to prescribe regulations under the amendment by Pub. L. 96–513 effective on , see section 701 of Pub. L. 96–513, set out as a note under section 101 of this title.

Credits

1956–1980 · 2 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 90
  2. 1980Pub. L. 96–513, title I, § 109(b)(1), , 94 Stat. 2870.
Show as published

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

Parsed from the official OLRC USLM XML in data/usc_all/usc10.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t10/s1165