10 U.S.C. § 577 — Promotions: effect of failure of selection for

A warrant officer^* who has been considered for promotion by a selection board convened under section 573 of this title, but not selected, shall be considered for promotion by each subsequent selection board that considers officers in his grade^* (or grade and competitive category) until he is retired or separated or he is selected for promotion. However, the Secretary concerned^* may, by regulation, preclude from consideration by a selection board by which he would otherwise be eligible to be considered, a warrant officer^* who has an established separation date that is within 90 days after the date on which the board is convened or an approved retirement date.