§ 1166. Regular warrant officers: elimination for unfitness or unsatisfactory performance

Statutory text

Under such regulations as the Secretary concerned may prescribe, and subject to the recommendations of a board of officers or a selection board under section 576 of this title, 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 (70 Stat. 114), he shall, if eligible therefor, be separated with separation pay under section 1174 of this title or severance pay under section 286a 1 of title 14, as appropriate. However, instead of being paid separation pay or severance pay he may be enlisted under section 515 of this title. If he does not have three years of such service, he shall be separated under section 1165 of this title.

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.

Footnotes

1 See References in Text note below.

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.

1956
Aug. 10, 1956, ch. 1041, 70A Stat. 90 · 70A Stat. 90
Enacted · 10 U.S.C. § 1166
Aug. 10, 1956, ch. 1041, 70A Stat. 90
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 90
1962
Pub. L. 87–649 § 6(f)(3) · 76 Stat. 451
Substituted · 10 U.S.C. § 1166(a)
Pub. L. 87–649 substituted “section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114)” for “section 311 of title 37.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 87–649 substituted “section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114)” for “section 311 of title 37.”
Enacted provision · exact public law section
(3) Sections 564(a)(1), 1166(a), 1167 (a) and (b), 1293, and 1305 are each amended by striking out the words “section 311 of title 37” and inserting the words “section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114)” in place thereof.
1980
Defense Officer Personnel Management Act
Pub. L. 96–513 title I § 109(b)(2) · 94 Stat. 2835
Changed · 10 U.S.C. § 1166(a)
Pub. L. 96–513 provided that officers discharged under this section are entitled, if eligible therefor, to separation pay under section 1174 or severance pay under section 286a of title 14
Source evidence
Code amendment note
Subsec. (a). Pub. L. 96–513 provided that officers discharged under this section are entitled, if eligible therefor, to separation pay under section 1174 or severance pay under section 286a of title 14.
Enacted provision · exact public law section
(2) Section 1166(a), relating to elimination of regular warrant officers for unfitness or unsatisfactory performance, is amended— (A) by striking out “be separated with severance pay computed under section 1167(b) of this title” in the second sentence and inserting in lieu thereof a comma and the following: “if eligible therefor, be separated with separation pay under section 1174 of this title or severance pay under section 286a of title 14, as Infra, Post, p. 2918. appropriate”; and (B) by inserting “separation pay or” in the third sentence after “being paid”.
1991
Warrant Officer Management Act
Pub. L. 102–190 div. A title XI § 1131(5) · 105 Stat. 1290
Substituted · 10 U.S.C. § 1166(a)
Pub. L. 102–190 substituted “section 576” for “section 560”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–190 substituted “section 576” for “section 560”.
Enacted provision · exact public law section
(5) Section 1166(a) is amended by striking out “section 560” and inserting in lieu thereof “section 576”.
Effective date note
Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title.

3 of 4 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

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

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

Section 286a of title 14, referred to in subsec. (a), 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.

Amendments1962–1991 · 3 rounds

1991

Subsec. (a). Pub. L. 102–190 substituted “section 576” for “section 560”.

1980

Subsec. (a). Pub. L. 96–513 provided that officers discharged under this section are entitled, if eligible therefor, to separation pay under section 1174 or severance pay under section 286a of title 14.

1962

Subsec. (a). Pub. L. 87–649 substituted “section 511 of the Career Compensation Act of 1949, as amended (70 Stat. 114)” for “section 311 of title 37.”

Statutory Notes and Related Subsidiaries

Effective Date of 1991 Amendment

Amendment by Pub. L. 102–190 effective Feb. 1, 1992, see section 1132 of Pub. L. 102–190, set out as a note under section 521 of this title.

Effective Date of 1980 Amendment

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.

Effective Date of 1962 Amendment

Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

Credits

1956–1991 · 4 acts

1956Aug. 10, 1956, ch. 1041, 70A Stat. 90
1962Pub. L. 87–649, § 6(f)(3), Sept. 7, 1962, 76 Stat. 494
1980Pub. L. 96–513, title I, § 109(b)(2), Dec. 12, 1980, 94 Stat. 2870
1991Pub. L. 102–190, div. A, title XI, § 1131(5), Dec. 5, 1991, 105 Stat. 1506.

Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 90; Pub. L. 87–649, § 6(f)(3), Sept. 7, 1962, 76 Stat. 494; Pub. L. 96–513, title I, § 109(b)(2), Dec. 12, 1980, 94 Stat. 2870; Pub. L. 102–190, div. A, title XI, § 1131(5), Dec. 5, 1991, 105 Stat. 1506.)