10 U.S.C. § 571: Warrant officers: grades

The regular warrant officer grades in the armed forces corresponding to the pay grades prescribed for warrant officers by section 201(b) of title 37 are as follows: Warrant officer grade: Chief warrant officer, W–5. Chief warrant officer, W–4. Chief warrant officer, W–3. Chief warrant officer, W–2. Warrant officer, W–1. Appointments in the grade of regular warrant officer, W–1, shall be made by warrant, except that with respect to an armed force under the jurisdiction of the Secretary of a military department, the Secretary concerned may provide by regulation that appointments in that grade in that armed force shall be made by commission. Appointments in regular chief warrant officer grades shall be made by commission by the President, and appointments (whether by warrant or commission) in the grade of regular warrant officer, W–1, shall be made by the President, except that appointments in that grade in the Coast Guard shall be made by the Secretary concerned. An appointment may not be made in any of the armed forces in the regular warrant officer grade of chief warrant officer, W–5, if the appointment would result in more than 5 percent of the warrant officers of that armed force on active duty being in the grade of chief warrant officer, W–5. In computing the limitation prescribed in the preceding sentence, there shall be excluded warrant officers described in section 582 of this title . is serving in a temporary grade below chief warrant officer, W–5, that is higher than that warrant officer’s permanent grade; is on a list of officers recommended for promotion to a temporary grade below chief warrant officer, W–5; or is on a list of officers recommended for promotion to a permanent grade higher than the grade in which that warrant officer is serving; An officer referred to in subparagraph (A) of paragraph (1) who is not promoted to the grade to which that warrant officer is considered under such subsection to have been recommended for promotion because that officer’s name is removed from a list of officers who are considered under such paragraph to have been recommended for promotion shall be considered by a board convened under section 573 of title 10 , United States Code, as amended by subsection (b), for promotion to the permanent grade equivalent to the temporary grade in which that warrant officer was serving on the effective date of this section as if that warrant officer were serving in the permanent grade. The date of rank of an officer referred to in paragraph (1)(A) who is promoted to the grade in which that warrant officer is serving on the effective date of this section is the date of that officer’s temporary appointment in that grade. is serving in a temporary grade below chief warrant officer, W–5, that is higher than that warrant officer’s permanent grade; or is on a list of warrant officers recommended for promotion to a temporary grade below chief warrant officer, W–5, that is the same as or higher than that warrant officer’s permanent grade; The date of rank of a warrant officer referred to in subparagraph (A)(i) who is promoted to the grade in which that warrant officer is considered under such subparagraph to have been recommended for promotion is the date of the temporary appointment of that warrant officer in that grade. is subject to placement on the warrant officer active-duty list; is serving on active duty in a temporary grade; and holds a permanent grade higher than the temporary grade in which that warrant officer is serving; is serving in a temporary grade below chief warrant officer, W–5, that is higher than his permanent grade; is on a list of officers recommended for promotion to a temporary grade below chief warrant officer, W–5; or is on a list of officers recommended for promotion to a permanent grade higher than the grade in which he is serving; An officer referred to in paragraph (1) of subsection (a) who is not promoted to the grade to which he is considered under such subsection to have been recommended for promotion because his name is removed from a list of officers who are considered under such paragraph to have been recommended for promotion shall be considered by a board convened under section 573 of title 10 , United States Code, as amended by this title, for promotion to the permanent grade equivalent to the temporary grade in which he was serving on the effective date of this title as if he were serving in his permanent grade. The date of rank of an officer referred to in subsection (a)(1) who is promoted to the grade in which he is serving on the effective date of this title is the date of his temporary appointment in that grade. is serving in a temporary grade below chief warrant officer, W–5, that is higher than his permanent grade; or is on a list of warrant officers recommended for promotion to a temporary grade below chief warrant officer, W–5, that is the same as or higher than his permanent grade; The date of rank of a warrant officer referred to in paragraph (1)(A) who is promoted to the grade in which he is considered under such paragraph to have been recommended for promotion is the date of his temporary appointment in that grade. is subject to placement on the warrant officer active-duty list; is serving on active duty in a temporary grade; and holds a permanent grade higher than the temporary grade in which he is serving, was appointed as a temporary warrant officer under section 5596 [now 8146] of title 10, United States Code, and has retained a permanent enlisted status, is a permanent regular chief warrant officer; or is on a list of officers recommended for promotion to a regular chief warrant officer grade, is sooner retired or separated under another provision of law; is promoted to the regular grade of chief warrant officer, W–5; or is continued on active duty under section 580(e) of title 10 , United States Code, as added by this title.”