SECNAVINST 1412.9B MARINE CORPS LIMITED DUTY OFFICER

SECNAVINST 1412.9B

CMC (MPP-35)

7 Feb 2006

SECNAV INSTRUCTION 1412.9B

From: Secretary of the Navy

Subj: MARINE CORPS LIMITED DUTY OFFICER AND WARRANT OFFICER

PROGRAMS, PROMOTIONS, AND CONTINUATION PROCEDURES

Ref: (a) Title 10, United States Code

(b) ManMed, Chap. 15 (NOTAL)

(d) MCO P6100.12

(e) SECNAVINST 5510.30A

(f) MCO P1900.16F

(g) DODINST 1320.14 of 24 Sep 96

(h) SECNAVINST 1401.3A

(i) SECNAVINST 1920.6C

(j) SECNAVINST 1401.1B

(k) Career Compensation Act of 1949

(l) DODINST 1320.4 of 14 Mar 95

Encl: (1) Procurement and Appointment of Warrant Officers in

the Marine Corps Active Component

(2) Procurement and Appointment of Warrant Officers in

the Marine Corps Reserve Component

(3) Procurement and Appointment of Limited Duty Officers

in the Marine Corps

(4) Promotion Procedures

(5) Continuation Procedures

(6) Sample Application Format and Data Sheet for Limited

Duty Officer and Warrant Officer Programs

1. Purpose

. To publish policy and procedures relating to the

administration of the Marine Corps’ restricted officer programs

per references (a) through (l) as set forth by enclosures (1)

through (6).

2. Cancellation. SECNAVINST 1120.11A, SECNAVINST 1210.6A and

SECNAVINST 1412.9A.

DEPARTMENT OF THE NAVY

OFFICE OF THE SECRETARY

1000 NAVY PENTAGON

WASHINGTON, DC 20350-1000

Distribution Statement A: Approved for public release; distribution

is unlimited.

PCN: 21600011400

SECNAVINST 1412.9B

7 Feb 2006

3. Scope. This instruction applies to Marine Corps Limited

Duty Officer (LDO) and Warrant Officer (WO) programs in the

Regular Marine Corps and to the WO program in the Marine Corps

Reserve.

4. Background. This instruction incorporates significant

changes to the restricted officer program which have occurred

due to the passage of the Warrant Officer Management Act in

1991, implementation of recommendations from the 1993 Restricted

Officer Program Study, the 1996 Warrant Officer Conference, and

the 1998 and 2000 Restricted Officer Program Review.

5. Definitions. The Marine Corps total force is organized into

an Active and Reserve Component. There are two categories of

officers that support the officer requirements in these

components. The officers are identified according to the types

of duty that they may be assigned. These officers are either

"restricted" to a particular type of duty, or are "unrestricted"

in the duties to which they may be assigned.

a. A "restricted officer" is an officer who possesses

unusual talent or expertise and is limited, or "restricted" to

filling positions which are too specialized in scope to permit

the effective development and continued use of broadly trained

unrestricted officers. There are two types of restricted

officers: warrant officers and limited duty officers.

(1) A "warrant officer" is a technical officer

specialist who performs duties that require extensive knowledge,

training, and experience with the employment of particular

capabilities which are beyond the duties and responsibilities of

senior noncommissioned officers.

(2) A "limited duty officer" is a technical officer

specialist who performs duties that require extensive knowledge,

training, and experience with the employment of particular

capabilities which are beyond the duties and responsibilities of

a warrant officer and which cannot be met by an unrestricted

officer.

b. An "unrestricted officer" is an officer in the grade of

second lieutenant or above, who is not designated as a limited

duty officer. Unrestricted officers provide the flexibility for

use in a broad span of managerial and career broadening

assignments, which are necessary to meet Marine Corps

requirements.

SECNAVINST 1412.9B

7 Feb 2006

6. Responsibilities

a. The Commandant of the Marine Corps (CMC) is responsible

for the accuracy, currency, modification, and distribution of

this instruction.

b. Commanding officers shall ensure that this instruction

is reviewed by all Marine restricted officers, unrestricted

officers who evaluate restricted officers, and enlisted Marines

interested in applying for the LDO and WO programs.

7. Certification. Reviewed and approved this date.

William A. Navas, Jr.

Assistant Secretary of the Navy

(Manpower and Reserve Affairs)

Distribution:

Electronic only, via Navy Directives Website

http://neds.daps.dla.mil

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (1)

Procurement and Appointment of

Warrant Officers in the Marine Corps Active Component

1. DEFINITIONS. The following definitions, unless otherwise

qualified, shall apply throughout this enclosure:

a. Permanent Regular Warrant Officer. An officer of the

Regular Marine Corps serving on active duty in a permanent

warrant officer grade under section 571 of reference (a).

b. Temporary Regular Warrant Officer. A warrant or

commissioned warrant officer temporarily appointed under section

5596 of reference (a) whose permanent status is enlisted.

2. WARRANT OFFICER GRADES

. The five warrant officer grades

are:

Chief Warrant Officer, W-5, CWO5

Chief Warrant Officer, W-4, CWO4

Chief Warrant Officer, W-3, CWO3

Chief Warrant Officer, W-2, CWO2

Warrant Officer, W-1, WO

a. The Secretary of the Navy (SECNAV) shall maintain a

single list of all warrant officers, other than warrant officers

described in section 582 of reference (a), who are on active

duty. SECNAV may establish competitive categories for

promotion. Warrant officers in the same competitive category

compete for promotion as vacancies occur within their category.

b. Warrant officers with less than three years since the

date of accepting their original appointment are probationary

officers.

3. ACCESSIONS

a. Each active component warrant officer military

occupational specialty (MOS) is a separate competitive category.

Warrant officers are accessed, appointed, trained, assigned, and

promoted to meet specific technically-oriented billets within

each warrant officer MOS.

b. The number of accessions or authorized selections for

each warrant officer competitive category is determined by a

number of factors and constraints. These factors include the

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (1)

relative size (structure) of the MOS and the projected attrition

within the MOS.

c. CMC (MPP-30) will determine which warrant officer MOSs

are projected to be “OPEN” for applications each year. The list

will be published approximately 60 days prior to the convening

date of the selection board via a MARADMIN message requesting

applications.

4. ELIGIBILITY CRITERIA. To be eligible to become a warrant

officer in the active component, enlisted Marines must be

technically and professionally qualified for the MOS to which

applying and must meet the following criteria (see paragraphs

16, 17, 18, and 19 for additional eligibility criteria for

Marine Band, Drum and Bugle Corps, Recruiting, and Marine Gunner

appointments):

a. Be a citizen of the United States.

b. Be serving on active duty in the regular Marine Corps.

c. Be serving in the grade of Sergeant or above.

d. Have not less than 8 nor more than 16 years of active

Naval service on the date of appointment. Date of appointment

will be the February prior to attending the Warrant Officer

Basic Course (WOBC).

e. Be a high school graduate or possess the service-

accepted equivalent as prescribed by current directives.

f. Meet the requisite physical standards for appointment as

a warrant officer prescribed by reference (b). Selectees who

fail to meet the minimum physical standards for appointment may

be appointed upon the recommendation of the Chief, Bureau of

Medicine and Surgery, for a waiver of the standards approved by

the Commanding General, Marine Corps Recruiting Command (CG

MCRC).

g. Have passed the most recent physical fitness test.

h. Possess one of the following aptitude test scores:

(1) An Armed Services Vocational Aptitude Battery

(ASVAB) Electrical Composite (EL) standard score of 110 or

higher.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (1)

(2) A combined math and verbal score of 1000 or higher

on the Scholastic Aptitude Test (SAT); or

(3) A combined math and English score of 39 or higher on

the American College Test (ACT). Applicants submitting SAT or

ACT test scores will submit a certified copy of the test report.

i. Meet any additional eligibility criteria as may be

prescribed on the convening MARADMIN message.

5. WAIVERS OF ELIGIBILITY CRITERIA. CMC may consider requests

for waiver of any eligibility requirement contained in paragraph

4 of this enclosure (except those established by statute or

specifically identified as not waiverable in the convening

MARADMIN message) in the following instances:

a. When gross inequity to the applicant would otherwise

result; or

b. When, in the judgment of CMC, extraordinary

circumstances cause such a waiver to be in the best interest of

the Marine Corps.

6. APPLICATIONS

a. Eligible enlisted Marines must submit a written

application for appointment as a warrant officer per reference

program.

b. Reference (c) provides administrative guidance in the

application and appointment process for the warrant officer

program.

7. SELECTION PROCESS

a. CMC will convene, by precept, an annual board to select

qualified enlisted Marines for appointment to the grade of

warrant officer. Separate boards may be convened for Recruiting

and Marine Gunner appointments.

b. The authority to convene warrant officer selection

boards may be delegated to the Deputy Commandant for Manpower

and Reserve Affairs (DC M&RA).

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7 Feb 2006

Enclosure (1)

c. A board convening MARADMIN message will be published

approximately 60 days prior to the board convening date listing

the MOSs that are “OPEN” for application.

d. The selection board will consist of at least five

members serving in the grade of major or above on the active-

duty list of the Marine Corps. At least one member of the board

will be a limited duty officer, except for boards considering

Marine Gunners and Recruiters.

e. Each board member shall swear or affirm, that he or she

will perform his or her duties as a member of the board without

prejudice or partiality with a view towards the special fitness

of officers and the efficiency of the Marine Corps.

f. Only the convening authority for the board may replace a

board member in the event an appointed board member becomes

unavailable after the board convenes.

g. The board may recommend for appointment eligible

applicants in numbers not in excess of the numbers furnished by

CMC (MPP-30). The numbers furnished by CMC (MPP-30) are the

maximum number that may be selected in each warrant officer MOS.

The board is not required to select to the number authorized for

each MOS, however, unused allocations in one or more MOSs may

only be reallocated to other MOSs as determined by CMC (MPP-30).

h. Each eligible Marine may communicate in writing with the

President of the selection board. Such communication must be

received no later than the day before the convening date of the

board. The written communication may call attention to any

matter that the applicant considers important. Fitness reports

and material that should properly be a part of the official

military personnel file (OMPF), however, should be sent directly

to CMC (MMSB).

i. Precepts for convening boards to recommend eligible

applicants for appointment as warrant officers shall be reviewed

by the Staff Judge Advocate (SJA) to CMC and CMC (MPP-30) at

least 30 days prior to the convening date of the board. The

precept shall be forwarded to CMC for approval at least 10 days

prior to the convening date of the board.

j. Each selection board will submit one or more written

reports signed by all members and the recorder(s). Each report

shall certify that, in the opinion of at least a majority of the

members, the applicants recommended therein are qualified for

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7 Feb 2006

Enclosure (1)

appointment as warrant officers and are the best qualified for

appointment as warrant officers in the MOS for which

recommended. Each report shall be submitted to SECNAV for

approval or disapproval in whole, or in part, via DC M&RA, CMC,

and the Judge Advocate General of the Navy (NJAG) for legal

review of the report.

k. The proceedings of the selection board shall not be

disclosed to any person not a member or recorder of the board

except as authorized or required by SECNAV. The recommendations

of the board shall not be disclosed until approved by SECNAV.

Upon SECNAV approval, a MARADMIN message will be published

announcing the list of Marines approved to be appointed to the

grade of WO.

8. APPOINTMENTS

a. After SECNAV approval, Marines shall be permanently

appointed to the grade of warrant officer in February of the

year in which they will attend the Warrant Officer Basic Course

(WOBC), or as otherwise determined by CMC, under the following

guidelines:

(1) Warrant officers are not commissioned officers.

Warrant officers are commissioned by the President of the United

States when promoted to CWO2.

(2) Marines selected to the Recruiter or Marine Gunner

warrant officer program will be appointed/commissioned per

paragraph 18 and 19, respectively, of this enclosure.

b. Marines selected for the warrant officer program will

incur a 3-year obligation from the date of appointment or

commission.

c. Marines selected for the warrant officer program must be

found physically qualified for appointment by the Chief, Bureau

of Medicine and Surgery, and must pass the physical fitness

test, as outlined in reference (d), prior to appointment.

d. A Marine selected for the warrant officer program who

does not meet the physical qualifications established in

references (b) and (d) for appointment, or who will be

physically disqualified from attending the WOBC will not be

appointed. The individual will remain on the list of Marines

approved to be appointed to the grade of Warrant Officer, and

once medically qualified, will have an appointment date

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7 Feb 2006

Enclosure (1)

consistent with other warrant officers with whom he or she

attends the WOBC.

e. Each selectee must possess a current satisfactorily

completed Entrance National Agency Check (ENTNAC) or higher

security clearance investigation prior to appointment as a

warrant officer. If an ENTNAC has not been conducted, a

National Agency Check (NAC) must be initiated per the current

edition of reference (e).

f. A Marine selected for the warrant officer program who is

not qualified/prepared to attend the WOBC will only be

appointed/commissioned upon written approval by CMC (M&RA).

g. A Marine selected for the warrant officer program is

considered to have accepted the appointment upon signing the

Appointment Acceptance and Record Form (NAVMC-763). The CG MCRC

shall ensure the NAVMC-763 is provided to the selectee in

sufficient time to allow the Marine to accept or decline the

appointment prior to the effective date of appointment.

h. A Marine selected for the warrant officer program who

declines the appointment must do so in writing to the CG MCRC.

A Marine who declines shall be treated as if he or she had not

been considered and recommended for appointment.

9. DELAY OF APPOINTMENTS

a. Purpose. The sole purpose of delaying the appointment

of an individual, who is qualified to attend the WOBC, beyond

the scheduled date of appointment is to provide a reasonable

period of time to determine whether the name of that individual

should be removed from the approved list of individuals

recommended for appointment by SECNAV.

b. Authority

(1) The authority to delay original appointments as

warrant officers is delegated to CMC, his designee, and

commanding officers exercising special court-martial convening

authority. This authority may not be re-delegated further.

(2) The CG MCRC shall be advised of any appointment

delay and advised of whether the individual has been officially

notified of the delay.

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7 Feb 2006

Enclosure (1)

c. Basis for Delay. The appointment of an individual will

be delayed under this paragraph if:

(1) An investigation is being conducted to determine

whether disciplinary action of any kind should be brought

against the individual.

(2) Sworn charges against the individual have been

received by an officer exercising summary courts-martial

jurisdiction over the individual and final action on such

charges has not been determined.

(3) The individual has been notified under the

provisions of reference (f) that he or she will be processed for

administrative separation for cause.

(4) A criminal proceeding in a Federal or State court is

pending against the individual.

(5) There is cause to believe that the individual is

mentally, physically, morally or professionally unqualified.

(6) There is cause to believe that the individual does

not meet the eligibility requirements set forth in this

instruction, except for those which have been waived by CMC.

d. Notification of Delay and Delay Procedures. An

appointment may not be delayed under this paragraph unless the

individual has been given written notice of the grounds for

delay by the officer exercising special courts-martial

jurisdiction over the individual, CG MCRC, or by CMC. If it is

impractical to do so before the scheduled date of appointment,

such written notice shall be given as soon as practicable. The

individual shall acknowledge receipt of such notification in

writing. An individual whose appointment has been delayed shall

be afforded the opportunity to submit a written statement to CMC

concerning the delay. If the individual declines to make a

statement, he or she shall submit a signed statement to that

effect. The notice of delay, the written acknowledgement of

receipt of such notification, and the written statement shall be

forwarded to CMC for decision via the officer exercising general

courts-martial jurisdiction over the individual. CMC shall

determine whether the officer is qualified for appointment.

e. Limitation on Delay. An appointment may not be delayed

more than 90 days after the scheduled date of appointment. CMC

may ratify and extend this period of delay for good cause.

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7 Feb 2006

Enclosure (1)

f. Appointment following Delay. An individual whose

appointment is delayed under paragraph 9, and who is later

determined to be qualified for appointment may, upon such

appointment, have the same date of rank and the same effective

date for pay and allowances in the grade to which appointed had

no delay occurred, unless CMC determines that the individual was

unqualified for appointment for any part of the delay. If CMC

makes such a determination, CMC may adjust such date of rank,

effective date of pay and allowances as CMC considers

appropriate under the circumstances.

g. Removal following Delay. If CMC determines that an

individual’s whose appointment has been delayed under paragraph

9 is unqualified for appointment, CMC shall request that SECNAV

remove the individuals name from the list of individuals

previously approved for appointment.

10. TERMINATION OF APPOINTMENTS

a. SECNAV may terminate the appointment of any regular

warrant officer at any time within three years after the date

when an officer accepted the original appointment. SECNAV may

terminate the appointment of any temporary warrant officer at

anytime for any reason.

b. The authority, under section 1165 of reference (a) and

enclosure (4) of reference (i), to terminate the appointment of

a W-1 at any time within three years after the date when an

officer accepted the original appointment, for substandard

performance of duty as defined by enclosure (3) of reference

(i), is delegated to CMC.

c. A W-1 who is separated under section 1165 of reference

(a) may be entitled to separation pay, or may, if requested and

in compliance with reference (i), be authorized reenlistment in

the former enlisted grade. If reenlisted, the individual is not

entitled to separation pay.

d. The authority, under section 515 of reference (a), to

authorize, when requested by the affected officer, reenlistment

of a W-1 whose appointment is terminated for substandard

performance of duty is delegated to CMC. A W-1 discharged under

section 1165 of reference (a) and enclosure (4) of reference (i)

may not be enlisted in a grade lower than the grade held

immediately before appointment as a warrant officer. Such

reenlistment is at the discretion of CMC.

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7 Feb 2006

Enclosure (1)

11. THE WARRANT OFFICER BASIC COURSE (WOBC)

a. Marines selected to the warrant officer program are

required to attend the WOBC upon appointment as a warrant

officer. Temporary warrant officers will attend the WOBC at the

discretion of CMC.

b. Course mastery is applied to all Marines without

deference to age, gender, or physical ability. If a warrant

officer is unable to pass an event at the WOBC, the commanding

officer of The Basic School possesses the authority to:

(1) Reassign the warrant officer to a basic officer

course company for instruction/remediation and evaluation; or

(2) Require the warrant officer to repeat WOBC the

following year; or

(3) Recommend termination of appointment in accordance

with reference (i).

c. Any decision to defer an appointed warrant officer from

attending a scheduled WOBC will be made by CMC (MM).

12. ASSIGNMENT OF LINEAL PRECEDENCE. A warrant officer’s

lineal precedence number is determined based upon class standing

at the WOBC. Appointment as a warrant officer represents a new

phase in a Marine's career. While enlisted experience is

especially valuable to a warrant officer, it is his or her

performance as a warrant officer that will determine standing

within each competitive category.

13. PROMOTION

. Warrant officers compete for promotion within

their MOS (competitive category) for specific billet vacancies

in the next higher grade. This paragraph provides specific

guidance for regular WO/CWO promotions. Enclosure (4) provides

additional promotion board guidance that is applicable to all

promotions discussed in this instruction.

a. Grade Authorizations

. Promotions to CWO5 are limited to

five percent of the total number of warrant officers on active

duty. To ensure an adequate career progression to CWO5 for each

CWO, the following grade allocations will normally be applied to

each MOS:

CWO5: 5% CWO4: 15%

CWO3: 30% WO/CWO2 50%

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (1)

b. Promotion Opportunity

. The following promotion

opportunity guidelines are provided for regular CWO promotions:

(1) CWO2

. Warrant officers are promoted to CWO2 based

on time in grade (TIG) requirements as determined by SECNAV.

Warrant officers may be promoted without board action to CWO2 at

the minimum amount of TIG, which is 18 months. An example of

computing eligibility for promotion under this authority is

illustrated in the case of a W-1 whose date of rank is 2

February 2004. Such officer will complete 18 months in grade on

1 August 2005 and will be eligible for promotion the following

day, 2 August 2005.

(2) CWO3

. The promotion opportunity to CWO3 will be as

close to 90 percent as can be attained.

(3) CWO4

. The promotion opportunity to CWO4 will be as

close to 70 percent as can be attained.

(4) CWO5

. The promotion opportunity to CWO5 will be as

close to 50 percent as can be attained.

c. Eligibility for Promotion Consideration

(1) CWOs who are on the active duty list on the date the

board convenes and who have served at least 2 years TIG are

eligible for consideration for promotion if there is a projected

billet vacancy in that officer’s grade and competitive category

MOS, except as provided in enclosure (4), paragraphs 3a, 3b, and

3c.

(2) If there is a projected billet vacancy and eligible

officers, then the number of eligible officers that will be

placed in-zone (based upon their lineal precedence number

(relative seniority in grade)) will be of sufficient numbers to

meet the desired minimum target promotion opportunities. If

there are more officers with the minimum TIG than can be moved

in-zone to meet the desired opportunity, then those officers who

are not placed in-zone will compete for promotion from the

below-zone. Officers may be selected for promotion from the

below-zone, but will not receive a failure of selection if not

selected.

(3) A CWO who has been considered for promotion by a

selection board, but not selected, shall be considered for

promotion by each subsequent selection board that considers

officers in his or her grade and competitive category until he

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7 Feb 2006

Enclosure (1)

or she is retired or separated or he or she is selected for

promotion.

d. Consideration for Promotion Within Specified Times.

CWOs in the grades of CWO2 or CWO3 who have 5-years TIG and have

never been considered for promotion shall be placed in-zone on

the next CWO promotion board and given a promotion opportunity

appropriate for their grade. If selected and qualified, these

officers will be promoted no later than their 6-year TIG

anniversary, or as soon thereafter as possible subject to the

approval of the selection list by the President.

e. Effecting Promotions

(1) Promotions for CWOs on a promotion list will

normally commence within two months following the President's

approval of the appointments, provided there is a billet

vacancy. Promotion of warrant officers in one competitive

category may be effected without regard for the relative

seniority of warrant officers of the same grade in other

competitive categories.

(2) CWOs who are selected with less than 3-years TIG

will not be promoted earlier than their 3-year anniversary.

(3) A promotion MARADMIN message is published each month

that will provide the promotion authority for those officers who

will be promoted on the first of the next month, and a

projection for subsequent promotions in the following month.

Prior to release of the MARADMIN message, CMC (MMPR-1) shall

screen the names of the officers projected to be promoted for

adverse information. Officers whose records contain adverse

information shall have their promotion delayed. See paragraph

13 of enclosure (4) for delay procedures for promotion to the

grades of CWO3, CWO4 and CWO5.

f. Delay of Promotion (W-1s)

. Promotions to the grade of

CWO2 may be delayed at any time prior to the 18-month TIG

requirement noted in paragraph 13(b)(1) of this enclosure. The

purpose of delay is to determine whether the W-1 is qualified

for promotion.

(1) Authority to Delay. The authority to delay the

promotion of a W-1 is delegated to CMC, his designee, and

commanding officers exercising special court-martial convening

authority.

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7 Feb 2006

Enclosure (1)

(2) Basis for Delay

. The promotion of a W-1 may be

delayed in accordance with the criteria established by paragraph

13(a) of enclosure 4.

(3) Notification of Delay and Delay Procedures. The W-1

must be given written notice of the grounds for delay before the

effective date of the promotion, unless it is impractical to do

so, in which case such written notice shall be given as soon as

practicable. The W-1 shall acknowledge receipt of such

notification in writing. A W-1 whose promotion has been delayed

shall be afforded the opportunity to submit a written statement

to CMC concerning the delay. If the W-1 declines to make a

statement, he or she shall submit a signed statement to that

effect. The notice of delay, the written acknowledgment of

receipt of such notification, and the written statement shall be

forwarded to CMC for decision via the officer exercising general

court-martial jurisdiction over the W-1. CMC shall determine

whether the W-1 is qualified for promotion.

(4) Limitation on Delay. A promotion to the grade of

CWO2 may not be delayed more than 6 months after the date the

officer would have otherwise been promoted. CMC may ratify and

extend this period of delay for good cause.

g. Not qualified for Promotion (W-1s). In those cases

where CMC determines a W-1 is not qualified for promotion, that

W-1 may be reconsidered for promotion, separated, or retired if

eligible, in accordance with paragraph 15 of enclosure (4).

14. CONTINUATION. This paragraph provides specific guidance

for the continuation of active component warrant officers/chief

warrant officers. SECNAV shall, whenever the needs of the

Marine Corps require, convene selection boards to recommend

officers for continuation. As a matter of efficiency, promotion

selection boards may reconvene as continuation selection boards.

Enclosure (5) contains additional continuation board guidance

that is applicable to all active component restricted officers.

a. An active component chief warrant officer who is

selected for deferment of involuntary retirement shall be

notified of his or her selection and afforded an opportunity to

accept or decline continuation. If the chief warrant officer

declines to continue on active duty, he or she shall be

transferred to the retired list in accordance with Chapter 65 of

reference (a).

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Enclosure (1)

b. The Marine Corps continuation policy for active

component warrant officers is as follows:

(1) CWO5. CWO5s subject to mandatory retirement for

total years of active service (30 years) will be continued for a

period that will permit them to complete 2 years of active

service in the grade of CWO5. In no case will such an officer

be continued beyond 60 days after becoming 62 years of age.

(2) CWO4

. CWO4s who have twice failed selection to CWO5

and who are not retirement eligible may be continued until they

qualify for retirement. CWO4s who have twice failed selection

to CWO5 and who are retirement eligible will be involuntarily

retired no later than the first day of the seventh month after

the date on which SECNAV approves the report of the promotion

board, unless continued by a board to meet the needs of the

Marine Corps. CWO4s selected for CWO5 who are subject to

mandatory retirement for total years of active service (30

years) will be continued for a period that will permit them to

complete 2 years of active service in the grade of CWO5. In no

case will an officer be continued beyond 60 days after becoming

62 years of age.

(3) CWO3. CWO3s who have twice failed selection to CWO4

and who are not retirement eligible may be continued until they

qualify for retirement. CWO3s who have twice failed selection

to CWO4 and who are retirement eligible will be involuntarily

retired no later than the first day of the seventh month after

the date on which SECNAV approves the report of the promotion

board, unless continued by a board to meet the needs of the

Marine Corps. CWO3s selected for CWO4 who are subject to

mandatory retirement for total years of active service (30

years) will be continued for a period that will permit them to

complete 2 years of active service in the grade of CWO4. In no

case will an officer be continued beyond 60 days after becoming

62 years of age.

(4) CWO2

. CWO2s who have twice failed selection to CWO3

and have at least 18 years of active service on the first day of

the seventh month after the date on which SECNAV approves the

report of the promotion board will be continued without board

action until they qualify for retirement. The board is

authorized to recommend continuation for those CWO2s who have

twice failed selection to CWO3 and who do not have at least 18

years active service. In no case will an officer be continued

beyond 60 days after becoming 62 years of age.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (1)

(5) WO

. The first three years of warrant officer

service is a probationary period. W-1s found not qualified for

promotion may be reconsidered for promotion, separated, or

retired if eligible, in accordance with paragraph 15 of

enclosure (4).

c. Continuation on Active Duty to Complete Disciplinary

Action. When any action has been commenced against a warrant

officer with a view to trying such officer by court-martial and

such officer has a mandatory separation or retirement date under

reference (a), CMC may delay the separation or retirement of the

officer, without prejudice to such action, until the completion

of the action.

d. Deferment of Retirement or Separation for Medical

Reasons. SECNAV may defer, for not more than four months, the

retirement under section 1263 or 1305 of reference (a), as

prescribed in reference (i), of any warrant officer if, because

of unavoidable circumstances, evaluation of his or her physical

condition and determination of his/her entitlement to retirement

or separation for physical disability require hospitalization or

medical observation that cannot be completed before the date

when he or she would otherwise be required to retire under that

statute. Requests for deferral under this authority shall be

forwarded to SECNAV for review and action via CMC (MMSR).

15. ASSIGNMENT POLICY

a. Warrant officers will only be assigned to billets that

are in their MOS and that are designated as restricted officer

billets. Warrant officers may not be assigned to billets

designated for unrestricted officers. This does not preclude a

warrant officer from being assigned additional duties as deemed

appropriate.

b. Warrant officers may be assigned to command activities

which have a primary function corresponding to the MOS of the

officer concerned.

16. U.S. MARINE BAND APPOINTMENTS. The Director, U.S. Marine

Band, may nominate members of the U.S. Marine Band, in the grade

of staff sergeant or higher, for officer positions in the U.S.

Marine Band. These members shall be appointed to a temporary

grade of warrant officer or chief warrant officer. The grade to

which appointed will be determined with a view towards ensuring

that no reduction in pay and allowances occurs when appointed.

Only members of the U.S. Marine Band are eligible for nomination

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (1)

as temporary appointments under this paragraph. U.S. Marine

Band appointments shall be made by SECNAV under section 5596 of

reference (a). These appointments are temporary; therefore,

SECNAV may revoke the appointments at any time. Temporary

appointments do not change the permanent status of the Marine in

regard to promotion or appointment. Warrant officers and chief

warrant officers approved for temporary appointment may be

considered for further temporary promotion if recommended by the

Director, U.S. Marine Band.

17. DRUM AND BUGLE CORPS APPOINTMENTS

. The Commanding Officer,

U.S. Marine Drum and Bugle Corps, may nominate members of the

Drum and Bugle Corps, in the grade of staff sergeant or higher,

for officer positions in the U.S. Marine Drum and Bugle Corps.

These members shall be appointed to a temporary grade of warrant

officer or chief warrant officer. The grade to which appointed

will be determined with a view towards ensuring no reduction in

pay and allowances occurs when appointed. Only members of the

U.S. Marine Drum and Bugle Corps are eligible for nomination as

temporary warrant officers and chief warrant officers. U.S.

Marine Drum and Bugle Corps appointments shall be made by SECNAV

under section 5596 of reference (a). These appointments are

temporary; therefore, SECNAV may revoke the appointments at any

time. Temporary appointments do not change the permanent status

of the Marine in regard to promotion or appointment. Warrant

officers and chief warrant officers approved for temporary

appointment may be considered for further temporary promotion if

recommended by the Commanding Officer, U.S. Marine Drum and

Bugle Corps.

18. RECRUITING APPOINTMENTS

a. Career recruiters in the grade of staff sergeant and

above are eligible to compete for the Enlisted to Warrant

Officer (Recruiter) Program.

b. In addition to the eligibility criteria outlined in

paragraph 4 of this enclosure, career recruiters (Primary MOS

(PMOS) 8412) must have served a successful tour of duty as a

career recruiter in a career recruiter billet to be eligible to

apply and must have not less than 8 or more than 20 years of

service on the date of appointment to CWO (usually 1 February).

Waivers of the 20-years maximum service limitation will be

considered on a case-by-case basis.

c. A MARADMIN message announcing the Enlisted to Warrant

Officer (Recruiter) Selection Board and requesting applications

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (1)

will be published by the CG MCRC. This MARADMIN message will

announce the convening date of the board, specify any additional

eligibility requirements, and provide a date when applications

are due to CMC.

d. The Enlisted to Warrant Officer (Recruiter) Selection

Board will consist of a colonel as the board president and at

least four additional members in the grade of lieutenant

colonel. A majority of the members must be currently serving in

or have served a tour of duty in recruiting.

e. Career recruiters, in the grade of gunnery sergeant,

selected to Warrant Officer (Recruiter) will be appointed by

commission, by the President, to the grade of CWO2 and will be

assigned the PMOS 9815. Career recruiters, in the grade of

staff sergeant, selected to Warrant Officer (Recruiter) will be

appointed to the grade of W-1.

f. Recruiting warrant officers/chief warrant officers will

be appointed in February prior to WOBC attendance. After

graduation from WOBC, recruiting warrant officers/chief warrant

officers will attend the next available Recruiting Management

Course.

g. Officers are not entitled to receive special duty

assignment (SDA) pay. As such, SDA pay will be discontinued for

career recruiters selected and appointed as warrant

officers/chief warrant officers.

19. MARINE GUNNER APPOINTMENTS. Infantry unit leaders in the

grade of gunnery sergeant and above are eligible to compete for

the Enlisted to Warrant Officer (Marine Gunner) Program. Marine

Gunners are infantry weapons specialists. Marine Gunners advise

infantry, light armored reconnaissance, and reconnaissance unit

commanders on the tactical employment of organic weapons

systems.

a. In addition to the eligibility criteria outlined in

paragraph 4 of this enclosure, applicants must also meet the

following criteria:

(1) Have served a successful tour of duty as an Infantry

Unit Leader (PMOS 0369).

(2) Must be at least a gunnery sergeant.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (1)

(3) Must have a GT score of 110 or higher (score may be

based on either the ASVAB or ACB-61).

(4) Have no less than 16 or more than 23 years of active

service on the date of appointment to CWO2.

b. A MARADMIN message announcing the Enlisted to Warrant

Officer (Marine Gunner) Selection Board and requesting

applications will be published by CG MCRC. This MARADMIN

message will announce the convening date of the board, specify

any additional eligibility requirements, and provide a date when

applications are due to CMC.

c. Applications will be submitted per the current edition

of reference (c).

d. The Enlisted to Warrant Officer (Marine Gunner)

Selection Board will consist of a colonel as the board president

and at least four additional members in the grade of lieutenant

colonel. All members must be Infantry Officers (PMOS 03XX).

e. Infantry unit leaders selected for chief warrant officer

will be appointed, by commission, by the President, to the grade

of CWO2 in February of the year in which they will attend the

Warrant Officer Basic Course (WOBC), or as otherwise determined

by CMC.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (2)

Procurement and Appointment of

Warrant Officers in the Marine Corps Reserve Component

1. WARRANT OFFICER GRADES. The five warrant officer grades in

the Reserve component are as follows:

Chief Warrant Officer, W-5, CWO5

Chief Warrant Officer, W-4, CWO4

Chief Warrant Officer, W-3, CWO3

Chief Warrant Officer, W-2, CWO2

Warrant Officer, W-1, WO

a. Per section 12241(b) of reference (a), appointments in

the grade of warrant officer are made by SECNAV. Appointments

in Reserve component chief warrant officer grades are made by

commission by SECNAV.

b. SECNAV shall maintain a single list of all reserve

warrant officers who are in an active status in the Reserves.

SECNAV may establish competitive categories for promotion.

Warrant officers in the same competitive category compete for

promotion as vacancies occur within their category.

2. ACCESSIONS

a. There are Reserve component warrant officer requirements

in the Active Reserve (AR) and the Other than AR (OTAR)

competitive categories.

(1) AR Competitive Category. The AR structure supports

requirements for three military occupational specialties (MOSs).

These are: (1) MOS 0170 – Personnel Officer; (2) MOS 6004 -

Aircraft Maintenance Engineer Officer; and (3) MOS 6502 -

Aviation Ordnance Officer. Each AR MOS is a separate

competitive category within the AR competitive category.

(2) OTAR Competitive Category

. The OTAR competitive

category consists of chief warrant officers in the Selected

Marine Corps Reserve (SMCR), Individual Ready Reserve (IRR), and

the Standby Reserve (Active Status List). The SMCR structure is

based on specified grade requirements; however, the IRR and the

Standby Reserve have no such structure requirements.

b. CMC (RAP) will determine which reserve warrant officer

MOSs are projected to be “OPEN” for applications each year. The

list will be published approximately 60 days prior to the

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (2)

convening date of the selection board via a MARADMIN message

requesting applications.

3. ELIGIBILITY CRITERIA

. To apply for the Reserve component

warrant officer program, Reserve component enlisted Marines must

be technically and professionally qualified for the MOS to which

applying. Civilian experience and skills will be taken into

consideration for technical proficiency, however, the applicant

must still be fully qualified in the enlisted feeder MOS for

that specialty. Additionally, Reserve component enlisted

Marines must meet the following criteria:

a. Be a citizen of the United States.

b. Be in an active status in the Reserve component and have

served continuously in that status for the 1-year period

preceding the convening date of the board.

c. Have attained a minimum grade of sergeant as of the

application deadline.

d. Have not less than 8 or more than 20 years of total

qualifying service as of the date of appointment to Reserve

warrant officer. Date of appointment for AR warrant officers

will be in February prior to attending the Active component

WOBC. Date of appointment for OTAR warrant officers will be the

February prior to attending the Reserve WOBC (RWOBC).

e. Be a high school graduate or possess the service-

accepted equivalent as prescribed by current directives.

f. AR/OTAR applicants must meet the physical standards for

appointment as a warrant officer as prescribed by reference (b).

Selectees who fail to meet the minimum physical standards for

appointment may be appointed upon the recommendation of the

Chief, Bureau of Medicine and Surgery, for a waiver of the

standards approved by the CG MCRC.

g. Have passed the most recent physical fitness test.

h. Possess one of the following aptitude test scores:

(1) An Armed Services Vocational Aptitude Battery

(ASVAB) Electrical Composite (EL) standard score of 110 or

higher.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (2)

(2) A combined math and verbal score of 1000 or higher

on the Scholastic Aptitude Test (SAT); or

(3) A combined math and English score of 39 or higher on

the American College Test (ACT). Applicants submitting SAT or

ACT test scores will submit a certified copy of the test report.

i. Meet any additional eligibility criteria as may be

prescribed on the convening MARADMIN message.

j. SMCR warrant officer applicants must indicate the

billets they are applying for in their application. CMC (RAP)

will identify vacant SMCR warrant officer billets in the

convening MARADMIN for the Enlisted to Warrant Officer (Reserve)

Selection Board. Applicants should be aware that they will be

required to affiliate with the unit to which selected prior to

appointment to warrant officer. Selectees not affiliating with

the identified SMCR unit will not be appointed to warrant

officer. Therefore, SMCR warrant officer applications must

include the following statement:

"I understand that selection to the grade of warrant

officer requires that I affiliate with the designated unit for a

period of 3 years. If I fail to affiliate with the designated

unit prior to the appointment date, I understand that I will not

be appointed.”

k. AR Marines may apply for SMCR MOS vacancies as well as

AR MOS vacancies; however, an AR Marine who is selected for an

SMCR MOS vacancy and accepts appointment in that MOS, will not

be retained on active duty in the AR program. Further, they

will be subject to the requirement to apply for an SMCR billet

described in the above paragraph. AR warrant officer

applications that include a request for consideration in an SMCR

MOS requirement must include the following statement in addition

to the other application requirements:

"I understand that if I am selected for and accept

appointment in one of the SMCR MOS requirements for which I have

applied, I will be released from active duty in the AR program

no later than the day before the date in which I accept

appointment to warrant officer. I further understand selection

to the grade of warrant officer requires that I affiliate with

the designated unit for a period of 3 years. If I fail to

affiliate with the designated unit prior to the appointment

date, I understand that I will not be appointed.”

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (2)

4. WAIVERS OF ELIGIBILITY CRITERIA. CMC may consider requests

for waiver of any eligibility requirement contained in paragraph

3 of this enclosure (except those established by statute or

specifically identified as not waiverable in the convening

MARADMIN message) in the following instances:

a. When gross inequity to the applicant would otherwise

result; or

b. When, in the judgment of CMC, extraordinary

circumstances cause such a waiver to be in the best interest of

the Marine Corps.

5. APPLICATIONS

a. Eligible enlisted Marines must submit a written

application for appointment as a Reserve Warrant Officer per

reference (c) and the convening MARADMIN message.

b. Reference (c) provides administrative guidance in the

application and appointment process.

6. SELECTION PROCESS

a. CMC will convene, by precept, an annual board to select

qualified enlisted Marines for appointment to the grade of

warrant officer. This authority may be delegated to DC M&RA.

b. A board convening MARADMIN message will be published

approximately 60 days prior to the board convening date listing

the MOSs and billets that are “OPEN” for application.

c. The selection board will consist of at least five

members serving in the grade of major or above, at least half of

which will be officers on the Reserve Active Status List.

d. Each board member shall swear or affirm, that he or she

will perform his or her duties as a member of the board without

prejudice or partiality with a view towards the special fitness

of officers and the efficiency of the Marine Corps.

e. Only the convening authority may replace a board member

in the event an appointed board member becomes unavailable after

the board convenes.

f. The board may recommend for appointment eligible

applicants in numbers not in excess of the numbers furnished by

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (2)

the CMC (RAP). The numbers furnished by CMC (RAP) are the

maximum number that may be selected in each warrant officer

competitive category. The board is not required to select to

the number authorized for each warrant officer competitive

category.

g. Each eligible Marine may communicate in writing with the

President of the selection board. Such communication must be

received no later than the day before the convening date of the

board. The written communication may call attention to any

matter that the applicant considers important. Fitness reports

and material that should properly be a part of the OMPF,

however, should be sent directly to CMC (MMSB).

h. Precepts for convening boards to recommend eligible

applicants for appointment as warrant officers shall be reviewed

by the SJA to CMC and DC, M&RA at least 30 days prior to the

convening date of the board. The precept shall be forwarded to

CMC for approval at least 10 days prior to the convening date of

the board.

i. Each selection board will submit one or more written

reports signed by all members and the recorder(s). Each report

shall certify that, in the opinion of at least a majority of the

members, the applicants recommended therein are qualified for

appointment as warrant officers and are the best qualified for

appointment as warrant officers in the MOS for which

recommended. Each report shall be submitted to SECNAV for

approval or disapproval in whole, or in part, via DC M&RA, CMC,

and NJAG for legal review of the report.

j. The proceedings of the selection board shall not be

disclosed to any person not a member or recorder of the board

except as authorized or required by SECNAV. The recommendations

of the board shall not be disclosed until approved by SECNAV.

Upon SECNAV approval, a MARADMIN message will be published

announcing the list of Marines approved to be appointed to the

grade of warrant officer.

7. APPOINTMENTS

a. After SECNAV approval, Marines selected to the AR and

OTAR warrant officer programs shall be permanently appointed to

the grade of warrant officer in February of the year that they

will attend the WOBC, or as determined by CMC.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (2)

b. Reserve warrant officers are not commissioned officers.

Reserve warrant officers are commissioned by warrant by SECNAV

when promoted to CWO2.

c. Marines selected for the Reserve warrant officer program

will incur a 3-year obligation from the date of appointment.

d. Marines selected for the Reserve warrant officer program

must be found physically qualified for appointment by the Chief,

Bureau of Medicine and Surgery, and must pass the physical

fitness test as outlined in reference (d) prior to appointment.

e. A Marine selected for the Reserve warrant officer

program who does not meet the physical qualifications

established in references (b) and (d) for appointment, or who

will be physically disqualified from attending the WOBC/RWOBC

will not be appointed. The individual will remain on the list

of Marines approved to be appointed to the grade of warrant

officer and, once medically qualified, will have an appointment

date consistent with other warrant officers with whom he or she

attends the WOBC/RWOBC.

f. Each selectee must possess a current satisfactorily

completed Entrance National Agency Check (ENTNAC) or higher

security clearance investigation prior to appointment as a

warrant officer. If an ENTNAC has not been conducted, a

National Agency Check (NAC) must be initiated per the current

edition of reference (e).

g. A Marine selected for the Reserve warrant officer

program who is not qualified/prepared to attend the WOBC/RWOBC

will only be appointed/commissioned upon written approval by CMC

(M&RA).

h. A Marine selected for the Reserve warrant officer

program is considered to have accepted the appointment upon

signing the Appointment Acceptance and Record Form (NAVMC-763).

CMC (MCRC) shall ensure the NAVMC-763 is provided to the

selectee in sufficient time to allow the Marine to accept or

decline the appointment prior to the effective date of

appointment.

i. A Marine selected for the Reserve warrant officer

program who declines the appointment must do so in writing to

the CG MCRC. A Marine who declines appointment shall be treated

as if he or she had not been considered and recommended for

appointment.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (2)

8. DELAY OF APPOINTMENTS

a. Purpose

. The sole purpose of delaying the appointment

of an individual who is qualified to attend the WOBC/RWOBC

beyond the scheduled date of appointment is to provide a

reasonable period of time to determine whether the name of that

individual should be removed from the approved list of

individuals recommended for appointment by SECNAV.

b. Authority

(1) The authority to delay original appointments as

warrant officers is delegated to CMC, his designee, and

commanding officers exercising special court-martial authority.

This authority may not be re-delegated further.

(2) CMC (RA) shall be advised of any appointment delay

and advised of whether the individual has been officially

notified of the delay.

c. Basis for Delay. The appointment of an individual will

be delayed under this section if:

(1) An investigation is being conducted to determine

whether disciplinary action of any kind should be brought

against the individual.

(2) Sworn charges against the individual have been

received by an officer exercising summary courts-martial

jurisdiction over the individual and final action on such

charges has not been determined.

(3) The individual has been notified under the

provisions of reference (f) that he or she will be processed for

administrative separation for cause.

(4) A criminal proceeding in a Federal or State court is

pending against the individual.

(5) There is cause to believe that the individual is

mentally, physically, morally or professionally unqualified.

(6) There is cause to believe that the individual does

not meet the eligibility requirements set forth in this

instruction, except for those which have been waived by CMC.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (2)

d. Notification of Delay and Delay Procedures. An

appointment may not be delayed under this paragraph unless the

individual has been given written notice of the grounds for

delay by the officer exercising special courts-martial

jurisdiction over the individual; the Director, Reserve Affairs

Division, or by CMC. If it is impractical to do so before the

scheduled date of appointment, such written notice shall be

given as soon as practicable. The individual shall acknowledge

receipt of such notification in writing. An individual whose

appointment has been delayed shall be afforded the opportunity

to submit a written statement to CMC concerning the delay. If

the individual declines to make a statement, he or she shall

submit a signed statement to that effect. The notice of delay,

the written acknowledgement of receipt of such notification, and

the written statement shall be forwarded to CMC for decision via

the officer exercising general courts-martial jurisdiction over

the individual. CMC shall determine whether the officer is

qualified for appointment.

e. Limitation on Delay. An appointment may not be delayed

more than 90 days after the scheduled date of appointment. CMC

may ratify and extend this period of delay for good cause.

f. Appointment following Delay. An individual whose

appointment is delayed under paragraph 8, and who is later

determined to be qualified for appointment may, upon such

appointment, have the same date of rank and the same effective

date for pay and allowances in the grade to which appointed had

no delay occurred, unless CMC determines that the individual was

unqualified for appointment for any part of the delay. If CMC

makes such a determination, CMC may adjust the date of rank, and

effective date of pay and allowances as CMC considers

appropriate under the circumstances.

g. Removal following Delay

. If CMC determines that an

individual whose appointment has been delayed under paragraph 8

is unqualified for appointment, CMC shall request that SECNAV

remove the individual’s name from the list of individuals

approved for appointment.

9. TERMINATION OF APPOINTMENTS

a. Appointments to Reserve permanent warrant officer grades

are for an indefinite term and are held at the pleasure of

SECNAV.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (2)

b. The authority to terminate the appointment of a Reserve

warrant officer at any time within 5 years after the date when

an officer accepted the original appointment, for substandard

performance of duty as defined by enclosure (3) of reference

(i), is delegated to CMC.

c. A warrant officer who is separated under this paragraph

may request to be authorized reenlistment in the former enlisted

grade.

d. The authority to authorize reenlistment of a W-1 whose

appointment is terminated for substandard performance of duty is

delegated to CMC. A W-1 discharged under enclosure (4) of

reference (i) may not be enlisted in a grade lower than the

grade held immediately before appointment as a warrant officer.

Reenlistment is at the discretion of CMC.

10. THE WARRANT OFFICER BASIC COURSE (WOBC) AND RESERVE WOBC

(RWOBC)

a. AR selectees will be ordered to attend WOBC upon

appointment to the grade of warrant officer.

b. SMCR selectees will be ordered to attend RWOBC upon

appointment to the grade of warrant officer. RWOBC inquiries

should be addressed to CMC (RAM-4).

c. Course mastery is applied to all Marines without

deference to age, gender, or physical ability. If a warrant

officer is unable to pass an event at the WOBC or RWOBC, the

commanding officer of TBS possesses the authority to:

(1) Reassign a warrant officer to a basic officer course

company for instruction/remediation and evaluation; or

(2) Require warrant officers dropped for a medical

reason to repeat WOBC/RWOBC the following year; or

(3) Recommend termination of appointment in accordance

with reference (i).

d. Any decision to defer an appointed warrant officers from

attending a scheduled WOBC/RWOBC will be made by CMC (RA).

11. ASSIGNMENT OF LINEAL PRECEDENCE. A warrant officer’s

lineal precedence number is determined based upon their

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (2)

seniority in their permanent enlisted grade at the time of

appointment to warrant officer.

12. PROMOTION. AR warrant officers compete for promotion

within their MOS (competitive category) for specific billet

vacancies in the next higher grade. Reserve warrant officers in

the OTAR competitive category compete for promotion in one

competitive category regardless of MOS. This paragraph provides

specific guidance for Reserve warrant officer/chief warrant

officer promotions. Enclosure (4) provides additional promotion

board guidance that is applicable to all promotions discussed in

this instruction.

a. Grade Authorizations

(1) AR. AR competitive categories will be grade shaped

as similar as practicable to the grade authorizations allowed

for Active component warrant officer competitive categories.

(2) OTAR. The OTAR competitive category consists of

chief warrant officers in the SMCR, IRR, and in an active status

in the Standby Reserve. There are no finite warrant officer

requirements for officers in this competitive category.

Therefore, promotions within this competitive category are based

on grade allocation percentages that other warrant officer

competitive categories have been grade shaped to. These are:

CWO5: 5%

CWO4: 15%

CWO3: 30%

WO/CWO2: 50%

b. Promotion Opportunity

(1) Reserve warrant officers are promoted to CWO2 based

on TIG requirements as determined by SECNAV. Reserve warrant

officers may be promoted without board action to CWO2 at the

minimum amount of TIG, which is 18 months. An example of

computing eligibility for promotion under this authority is

illustrated in the case of an OTAR W-1 whose date of rank is 2

February 2004. Such officer will complete 18 months time in

grade on 1 August 2005 and will be eligible for promotion the

following day, 2 August 2005.

(2) CWO3

. The promotion opportunity to CWO3 will be as

close to 90 percent as can be attained.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (2)

(3) CWO4

. The promotion opportunity to CWO4 will be as

close to 70 percent as can be attained.

(4) CWO5

. The promotion opportunity to CWO5 will be as

close to 50 percent as can be attained.

c. Eligibility for Promotion Consideration

(1) A chief warrant officer must be in an active status

to be considered for promotion. Chief warrant officers may be

considered for promotion if they have served continuously on the

active duty list of the Marine Corps or in an active status on

the Reserve active-status list, or a combination of the two, for

the 1-year period immediately preceding the convening date of

the selection board considering them for promotion.

(2) Chief warrant officers who have served at least 2-

years TIG are eligible for consideration for promotion if there

is a projected billet vacancy in that officer’s grade and

competitive category MOS, except as provided in enclosure (1),

paragraphs 3a, 3b, and 3c.

(3) If there is a projected billet vacancy and eligible

officers, then the number of eligible officers that will be

placed in-zone (based upon their lineal precedence number

(relative seniority in grade)) will be of sufficient numbers to

meet the desired minimum target promotion opportunities. If

there are more officers with the minimum TIG who can be moved

in-zone to meet the desired opportunity, then those officers

that are not placed in-zone will compete for promotion from the

below-zone. Officers may be selected for promotion from the

below-zone, but will not receive a failure of selection if not

selected.

(4) A chief warrant officer who has been considered for

promotion by a selection board, but not selected, shall be

considered for promotion by each subsequent selection board that

considers officers in his or her grade and competitive category

until he or she is retired or separated or he or she is selected

for promotion.

(5) OTAR chief warrant officers are required to submit a

Reserve qualification summary (HQMC Version 1-02) to the

President of the selection board, which must be received no

later than the convening date of the board. Reserve career

retirement credit reports (CRCR) are required and are reviewed

by selection boards. The CRCR’s will be provided to the board

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (2)

by CMC (MMPR). Reserve chief warrant officers must ensure their

CRCR is accurate and up-to-date.

d. Consideration for Promotion Within Specified Times. AR

chief warrant officers in the grades of CWO2 or CWO3 who have 5-

years TIG and have never been considered for promotion shall be

placed in-zone on the next chief warrant officer promotion board

and given a promotion opportunity appropriate for their grade.

If selected and qualified, AR officers will be promoted no later

than their 6-year TIG anniversary, or as soon thereafter as

possible subject to the approval of the selection list by

SECNAV.

e. Effecting Promotions

(1) Promotions for chief warrant officers on a promotion

list will normally commence within two months following SECNAV’s

approval of the appointments, provided there is a billet

vacancy. Promotion of warrant officers in one competitive

category may be affected without regard for the relative

seniority of warrant officers of the same grade in other

competitive categories.

(2) Chief warrant officers who are selected with less

than 3-years TIG will not be promoted earlier than their 3-year

anniversary.

(3) A Reserve warrant officer or chief warrant officer

who has been selected for promotion by a selection board, and

who at the time he or she would otherwise be promoted is

ineligible for promotion because he or she has been transferred

to an inactive status, shall be treated as if he or she has not

been considered for promotion. If he or she later returns to an

active status, his or her name shall not be placed on a list for

promotion to the next higher grade until he or she is again

considered and selected for promotion.

(4) A Reserve warrant officer’s selection for promotion

in either the AR or OTAR competitive category carries over if

the officer changes competitive categories within the Reserve or

is augmented into the Active component.

(5) A promotion MARADMIN message is published each month

that will provide the promotion authority for those officers who

will be promoted on the first of the next month, and a

projection for subsequent promotions in the following month.

Prior to release of the MARADMIN message, CMC (MMPR-1) shall

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (2)

screen the names of the officers projected to be promoted for

adverse information. Officers whose records contain adverse

information shall have their promotion delayed. See paragraph

13 of enclosure (4) for delay procedures for promotion to the

grades of CWO3, CWO4, and CWO5.

f. Delay of promotion (W-1s)

. Promotions to the grade of

CWO2 may be delayed at any time prior to the 18-month TIG

requirement noted in 12(b)(1) of this enclosure. The purpose of

delay is to determine whether the Reserve W-1 is qualified for

promotion.

(1) Authority to Delay. The authority to delay the

promotion of a Reserve W-1 is delegated to CMC, his designee,

and commanding officers exercising special court-martial

convening authority.

(2) Basis for Delay. The promotion of a Reserve W-1 may

be delayed in accordance with the criteria established by

paragraph 13(a) of enclosure 4.

(3) Notification of Delay and Delay Procedures. The

Reserve W-1 must be given written notice of the grounds for

delay before the effective date of the promotion, unless it is

impractical to do so, in which case such written notice shall be

given as soon as practicable. The Reserve W-1 shall acknowledge

receipt of such notification in writing. A Reserve W-1 whose

promotion has been delayed shall be afforded the opportunity to

submit a written statement to CMC concerning the delay. If the

Reserve W-1 declines to make a statement, he or she shall submit

a signed statement to that effect. The notice of delay, the

written acknowledgment of receipt of such notification, and the

written statement shall be forwarded to CMC for decision via the

officer exercising general court-martial jurisdiction over the

Reserve W-1. CMC shall determine whether the Reserve W-1 is

qualified for promotion.

(4) Limitation on Delay

. A promotion to the grade of

CWO2 may not be delayed more than 6 months after the date the

officer would have otherwise been promoted. CMC may ratify and

extend this period of delay for good cause.

g. Not qualified for Promotion (W-1s). In those cases

where CMC determines a Reserve W-1 is not qualified for

promotion, that Reserve W-1 may be reconsidered for promotion,

separated, or retired if eligible, in accordance with paragraph

15 of enclosure (4).

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (2)

13. Continuation

. Reserve warrant officers/chief warrant

officers will be continued per the procedures prescribed by CNO

and CMC.

a. A Reserve chief warrant officer who is selected for

deferment of involuntary retirement shall be notified of his or

her selection and afforded an opportunity to accept or decline

continuation. If the chief warrant officer declines to continue

in an active status, he or she shall be transferred to the

retired Reserve or the retired list in accordance with section

12732 of reference (a).

b. The Marine Corps continuation policy for Reserve warrant

officers is as follows:

(1) CWO5

(a) Reserve CWO5s subject to mandatory retirement

for total years of active service (30 years) will be continued

for a period that will permit them to complete 2 years of active

service in the grade of CWO5. In no case will such an officer

be continued beyond the last day of the month after becoming 60

years of age.

(b) Reserve CWO5s may be continued beyond 30 years

qualifying service subject to the needs of the Selected Reserve,

as determined by CMC (RA). This provision does not apply to

CWO5s required to separate due to age or failure to meet minimum

participation requirements.

(2) CWO4

(a) Reserve CWO4s who twice fail selection to CWO5

may be continued in an active status until completing 30 years

qualifying service, unless required by other provisions to be

separated due to age or failure to meet participation

requirements.

(b) Reserve CWO4s who twice fail selection to CWO5

and who have at least 30 years of qualifying service, will be

removed from active status on the 1st day of the 7th month

following the second failure of selection unless selectively

continued. Officers who are to be removed from an active status

with 30 years qualifying service shall be given an opportunity

to transfer to the appropriate retired Reserve.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (2)

may be continued beyond 30 years qualifying service subject to

the needs of the Selected Reserve. This provision does not

apply to CWO4s required to separate due to age or failure to

meet minimum participation requirements.

(d) Reserve CWO4s on active duty with the AR program

who twice fail selection to CWO5 may be continued until

completion of 20 years active duty, so long as they continue to

be selected for retention on active duty by an AR board. Such

officers not selected will be released from active duty.

(3) CWO3, CWO2

. Unless retired or separated under some

other provision of law or policy, a Reserve CWO3 or CWO2 who has

twice failed of selection for promotion to the next warrant

officer grade and who has:

(a) Performed more than 20 years of active service

or who has performed at least 20 years of service computed under

section 12732 of reference (a) on either the date when the

SECNAV approves the report of the promotion selection board; or

the date when his or her name was removed from a promotion list,

whichever applies, shall be transferred to the inactive status

list, or upon his or her request, to the Marine Corps Reserve

retired list.

(b) Performed at least 18 but less than 20 years of

service computed under section 12732 of reference (a) on the

date when SECNAV approves the report of the promotion selection

board or the date when his or her name was removed from the

promotion list, whichever applies, shall not be discharged or

transferred from an active status without his or her consent

before the earlier of the following dates unless sooner

separated for cause:

1. The date on which he or she is entitled to

be credited with 20 years of service computed under section

12732 of reference (a); or

2. If he or she has at least 19 years of

service, computed under section 12732 of reference (a), the

second anniversary of the date on which he or she would

otherwise be discharged or transferred from an active status; or

3. If he or she has at least 18 but less than

19 years of service, computed under section 12732 of reference

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (2)

(a), the third anniversary of the date on which he or she would

otherwise be discharged or transferred from an active status.

4. Performed less than 18 years of service,

computed under section 12732 of reference (a), on either the

date when SECNAV approves the report of the selection board; or

the date when his or her name is removed from the promotion

list, whichever applies, may be continued based upon the needs

of the Marine Corps Reserve. Chief warrant officers separated

for failure of promotion may request enlistment, and in the

discretion of SECNAV be enlisted in a grade not lower than that

held immediately before original appointment as a warrant

officer. In making recommendations to SECNAV, DC M&RA shall

consider the individual's record of service as a warrant

officer, the length of service performed as a warrant officer,

and the needs of the service in the MOS in which the individual

would serve in an enlisted status.

Reserve retired list per paragraph 3(a) above, is not eligible

for retention in an active status as provided in paragraph 3(b),

and does not request enlistment as provided in paragraph

3(b)(4), or is denied enlistment, shall be honorably discharged

from the Marine Corps Reserve.

(4) WO

. The first 5 years of a Reserve warrant officer

service is a probationary period. Reserve W-1s found not

qualified for promotion may be reconsidered for promotion,

separated, or retired if eligible, in accordance with paragraph

15 of enclosure (4).

c. Deferment of Retirement or Separation for Medical

Reasons

(1) If, in the case of a warrant officer required to be

retired or separated, and consistent with section 14519 of

reference (a), SECNAV determines that the evaluation of the

physical condition of the officer and determination of the

officer's entitlement to retirement or separation for physical

disability require hospitalization or medical observation and

that such hospitalization or medical observation cannot be

completed with confidence in a manner consistent with the

officer's well being before the date on which the officer would

otherwise be required to retire or be separated, SECNAV may

defer the retirement or separation of the officer.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (2)

(2) A deferral of retirement or separation under paragraph

13c(1) may not extend for more than 30 days after the completion

of the evaluation requiring hospitalization or medical

observation.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (3)

Procurement and Appointment of

Limited Duty Officers in the Marine Corps

1. Limited Duty Officer (LDO). The two types of LDOs are as

follows:

a. Permanent Limited Duty Officer. A permanent

commissioned officer appointed under section 5589 of reference

(a) in a permanent grade above chief warrant officer, W-5, and

designated for limited duty.

b. Temporary Limited Duty Officer. A commissioned officer

temporarily appointed under section 5596 of reference (a) in a

grade above chief warrant officer, W-5, who is designated for

limited duty and whose permanent status is chief warrant

officer, warrant officer, or enlisted member.

2. LDO Grades. There are three LDO grades within the Marine

Corps:

Lieutenant Colonel, O-5

Major, O-4

Captain, O-3E

a. Per section 531 of reference (a), appointments in the

grade of permanent LDO captain are made by the President.

b. SECNAV shall maintain a single list of all LDOs who are

on active duty. SECNAV may establish competitive categories for

promotion. LDOs in the same competitive category compete for

promotion as vacancies occur within their category.

3. Accessions

a. Each active component LDO MOS is a separate competitive

category. LDOs are accessed, appointed, assigned, and promoted

to meet specific technically-oriented billets within each LDO

MOS.

b. The number of accessions (authorized selections) for

each LDO competitive category is determined by projecting

attrition from within that competitive category.

c. CMC (MPP-30) will determine which LDO MOSs are projected

to be “OPEN” for applications each year. The list will be

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (3)

published approximately 60 days prior to the convening date of

the selection board via a message requesting applications.

4. Eligibility Criteria

. To be eligible to become a permanent

LDO in the active component, chief warrant officers must meet

the following criteria:

a. Be a citizen of the United States.

b. Be serving as a chief warrant officer in the active

component with not less than 8 years of warrant officer service

at the time the selection board convenes, and have not less than

10 and not more than 20 years of active service at the time the

selection board convenes.

c. Meet the requisite physical standards for appointment as

an LDO prescribed by reference (b). Selectees who fail to meet

the minimum physical standards for appointment may be appointed

upon the recommendation of the Chief, Bureau of Medicine and

Surgery, and a waiver of the standards by CMC (MM).

d. Have passed the most recent physical fitness test.

e. Have previously served in the warrant officer feeder MOS

for the LDO MOS in which applying, or be qualified without any

additional training for the competitive category for which

appointment is desired.

f. Meet any additional eligibility criteria as may be

prescribed in the convening MARADMIN message.

5. Waivers of Eligibility Criteria

a. CMC (MM), may, under the following circumstances,

consider waivers of eligibility criteria:

(1) When gross inequity to the applicant would otherwise

result; or

(2) When, in the judgment of CMC, extraordinary

circumstances cause such a waiver to be in the best interest of

the Marine Corps.

b. Requests for waivers of the minimum time in service

(TIS) and disciplinary action will not be considered for the

permanent LDO program. The maximum TIS requirement will only be

considered to 22 years on a case-by-case basis only for those

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (3)

warrant officers who have not previously had an opportunity to

apply for the program. Warrant officers selected to LDO with

the maximum TIS waiver accept their appointments with the

understanding that they may reach 30 years of service for

mandatory retirement prior to competing for promotion to

lieutenant colonel. Officers will not be continued past

mandatory retirement in order to compete for promotion.

However, an officer selected prior to mandatory retirement will

be continued by a continuation selection board to meet minimum

TIG promotion requirements.

c. Requests for waivers must be included in the application

and properly endorsed through the chain of command.

6. Applications

a. Eligible chief warrant officers must submit a written

application for appointment as an LDO per reference (c) and the

annual convening MARADMIN message soliciting applications for

the LDO program.

b. The MOSs/competitive categories for which application is

made shall be listed in order of preference. An applicant may

apply for appointment in not more than two MOSs for which

qualified. The MOSs for which application is made shall be as

prescribed by CMC (MMOA-3) in the convening MARADMIN message.

7. Selection Process

a. CMC will convene, by precept, an annual board to select

qualified chief warrant officer for appointment to the grade of

permanent LDO captain.

b. A board convening MARADMIN message will be published

approximately 60 days prior to the board convening date listing

the MOSs that are “OPEN” for application.

c. The selection board will consist of at least five

members serving in the grade of major or above on the active-

duty list of the Marine Corps. Members of the board shall also

include an LDO from each of the LDO competitive categories under

consideration.

d. The convening date of the board will be prescribed by

CMC (MMOA-3) in the convening message.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (3)

e. Each board member shall swear or affirm that he or she

will perform his or her duties as a member of the board without

prejudice or partiality with a view towards the special fitness

of officers and the efficiency of the Marine Corps.

f. The convening authority may replace a board member in

the event an appointed member becomes unavailable after the

board convenes.

g. Each board may recommend for appointment eligible

applicants in numbers not in excess of the numbers furnished by

the CMC (MPP-30). The numbers furnished by CMC (MPP-30) are the

maximum number which may be selected in each LDO MOS, however,

the board is not required to select to the number authorized for

each MOS.

h. Each eligible officer may communicate in writing with

the President of the selection board. Such communication must

be received no later than the day before the convening date of

the board. The written communication may call attention to any

matter that the officer considers important. Fitness reports

and material that should properly be a part of the OMPF,

however, should be sent directly to CMC (MMSB).

i. Precepts for convening boards to recommend eligible

applicants for appointment as LDOs shall be reviewed by the SJA

to CMC and CMC (MPP-30) at least 30 days prior to the convening

date of the board. The precept shall be forwarded to CMC for

approval at least 10 days prior to the convening date of the

board.

j. Each selection board will submit one or more written

reports signed by all members and the recorder(s). Each report

shall certify that, in the opinion of at least a majority of the

members, the applicants recommended therein are qualified for

appointment as LDOs and are the best qualified for appointment

as LDOs in the MOS for which recommended. Each report shall be

submitted to SECNAV for approval or disapproval in whole, or in

part, via the DC M&RA, CMC, and NJAG for legal review of the

report.

k. The proceedings of the selection board shall not be

disclosed to any person not a member or recorder of the board

except as authorized or required by SECNAV. The recommendations

of the board shall not be disclosed until approved by SECNAV.

Upon approval, a MARADMIN message will be published announcing

the LDO selections.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (3)

8. Appointments

a. Chief warrant officers selected to the LDO program shall

be permanently appointed as LDOs in the grade of captain (O-3E)

under sections 5589 and 531 of reference (a). The President, or

designee makes permanent LDO appointments.

b. The date of rank of selectees as permanent LDOs in the

grade of captain is the date of appointment to that grade.

Appointments in one competitive category may be effected without

regard for the relative seniority of the CWOs in other

competitive categories. Except for those whose appointments are

delayed under the provisions of paragraph 9 below, chief warrant

officers selected and approved for appointment as LDOs will be

appointed as vacancies occur in the MOS to which selected.

Selectees in the same MOS will be appointed by seniority as

determined by their lineal precedence number. Appointments from

an approved list will be made only after chief warrant officers

previously selected for appointment as LDOs within their

competitive category have been appointed, except for those whose

appointments have been delayed.

c. A chief warrant officer selected for the LDO program is

considered to have accepted the appointment upon signing the

Appointment Acceptance and Record Form (NAVMC-763). The CG MCRC

shall ensure that the NAVMC-763 is provided to the selectee in

sufficient time to allow the chief warrant officer to accept or

decline the appointment prior to the effective date of

appointment.

d. A chief warrant officer selected for the LDO program who

declines the appointment must do so in writing to CMC (MMOA-3).

A chief warrant officer who declines appointment shall be

treated as if he or she had not been considered and recommended

for appointment.

9. Delay of Appointments

a. Purpose

. The sole purpose of delaying the appointment

of an individual beyond the scheduled date of appointment is to

provide a reasonable period of time to determine whether the

name of that individual should be removed from the approved list

of individuals recommended for appointment by SECNAV.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (3)

b. Authority. The authority to delay original appointments

as LDOs under this section is delegated to CMC. This authority

may not be redelegated.

c. Basis for Delay. The appointment of an individual may

be delayed under this section if:

(1) An investigation is being conducted to determine

whether disciplinary action of any kind should be brought

against the individual.

(2) Sworn charges against the individual have been

received by an officer exercising summary courts-martial

jurisdiction over the individual and final action on such

charges has not been determined.

(3) The individual has been notified under the

provisions of reference (i) that he or she will be processed for

administrative separation for cause.

(4) A criminal proceeding in a Federal or State court is

pending against the individual.

(5) There is cause to believe that the individual does

not meet the eligibility requirements set forth in this

instruction, except for those which have been waived by the CMC.

d. Notification of Delay and Delay Procedures

(1) An appointment may not be delayed under this

paragraph unless the individual has been given written notice of

the grounds for delay by the officer exercising special courts-

martial jurisdiction over the individual or by CMC. If it is

impractical to do so before the scheduled date of appointment,

such written notice shall be given as soon as practicable. The

individual shall acknowledge receipt of such notification in

writing. An individual for whom delay of appointment is

recommended under paragraph 9 of this paragraph shall be

afforded the opportunity to submit a written statement to CMC

(MMOA-3) concerning the delay. If the individual declines to

make a statement, he or she shall submit a signed statement to

that effect. The recommendation for delay, the written copy of

notification, the written acknowledgment of receipt of such

notification, and the written statement shall then be forwarded

to CMC for decision via the officer exercising general courts-

martial jurisdiction over the individual.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (3)

(2) If a recommendation for delay is made within 10 days

of the scheduled date of appointment, CMC (MMOA-3) shall be

advised by Naval message of such recommendation and of whether

the individual has been officially notified of the delay. In

that circumstance, the documents referred to in paragraph 9d(1)

above shall be forwarded to CMC (MMOA-3) as soon as practicable.

(3) If the delay is approved by CMC, the commander

recommending the delay will be notified of this decision and

provided further procedural guidance by CMC (MMOA-3). If CMC

later determines the individual’s name should be removed from

the approved list of names of individuals recommended for

appointment, the individual shall be notified of such action and

be afforded the opportunity to submit a written statement to

SECNAV via CMC. If the individual declines to make a statement,

he or she shall submit a signed statement to that effect. If,

after reviewing the individual’s statement, CMC determines

removal action is still warranted, the recommendation for

removal, the individual’s statement, and the remainder of the

case file shall be submitted to SECNAV for decision. A

recommendation for removal shall be submitted to SECNAV prior to

the expiration of the time limit prescribed in paragraph 9e.

e. Limitation on Delay. An appointment may not be delayed

more than 90 days after final action has been taken by

appropriate authority. The periods of delay prescribed in this

paragraph may be extended by SECNAV upon the request of CMC, or

by CMC upon the written request of the individual concerned.

f. Appointment following Delay. An individual whose

appointment is delayed under paragraph 9, and who is later

determined to be qualified for appointment may, upon such

appointment, have the same date of rank and the same effective

date for pay and allowances in the grade to which appointed, had

no delay intervened.

10. Frocking of LDO Selects

a. The frocking authority for LDO selects is CMC (MM). To

be eligible for frocking, an LDO captain select must be serving

in or be within 60 days of serving in a billet requiring the LDO

grade and MOS for which selected. Commands should submit a

frocking request with justification to CMC (MMOA-3) for

processing.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (3)

b. The officer may only be frocked after the President has approved the

selection list that contains the officer's name (per section 531 of reference

(a)).

11. Assignment of Lineal Precedence. An LDOs lineal precedence

number is established in the same relative seniority held in

each officer’s permanent chief warrant officer grade.

12. Assignment Policy

a. LDOs will only be assigned to billets that are in their

MOS and that are designated as LDO billets. LDOs may not be

assigned to billets designated for unrestricted officers. This

does not preclude an LDO from being assigned additional duties

as deemed appropriate.

b. LDOs may succeed to command activities which have a

primary function corresponding to the MOS of the officer

concerned.

13. Promotion. This paragraph provides specific guidance for

LDO promotions. Enclosure (4) provides additional promotion

board guidance that is applicable to all promotions discussed in

this instruction.

a. LDOs compete for promotion within their MOS (competitive

category) for specific billet vacancies in the next higher

grade. Each LDO competitive category has specific grade

requirements for each of their billets. These grade billet

requirements are the grade authorizations for each LDO

competitive category.

b. Promotion Opportunity. The promotion and retention laws

for permanent LDOs are contained in the Defense Officer

Promotion Management Act (DOPMA), chapter 36 of reference (a).

The Marine Corps develops promotion plans to meet the following

DOPMA promotion opportunity guidelines.

(1) Major

. The promotion opportunity target for

selection to major is 80 percent plus or minus 10 percent (8 of

10 officers in-zone may be selected for promotion). However,

with very small cell LDO competitive categories, this may not

always be possible. At a minimum, the Marine Corps will develop

promotion zones for at least a 67 percent opportunity (2 of 3

officers in-zone selected for promotion).

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (3)

(2) Lieutenant Colonel. The promotion opportunity

target for selection to lieutenant colonel is 70 percent plus or

minus 10 percent (7 of 10 officers in-zone may be selected for

promotion). However, with very small cell LDOs competitive

categories, this may not always be possible. At a minimum, the

Marine Corps will develop promotion zones for at least a 50

percent opportunity (1 of 2 officers in-zone selected for

promotion).

c. Eligibility for Promotion Consideration

(1) A promotion selection board may be convened by

SECNAV when the needs of the service requires it to meet the

grade and skill requirements of the Marine Corps. Therefore,

promotion selection boards are held for any LDO competitive

category to a particular grade when a billet vacancy in that

grade is projected to occur.

(2) LDO captains and majors who are on the active-duty

list on the date the board convenes and who have served at least

3 years TIG are eligible for consideration for promotion, except

as provided in enclosure (1), paragraphs 3a, 3b, and 3c, and if

there is a projected billet vacancy in that officer’s grade and

competitive category MOS. The minimum TIG may be waived based

on the needs of the Marine Corps to a lesser TIG to allow

officers one or two opportunities for consideration in the

below-zone.

(3) If there is a projected billet vacancy and eligible

officers, then the number of eligible officers will be placed

in-zone based on their lineal precedence number (relative

seniority in grade) to meet the desired minimum target promotion

opportunities. If there are more officers with the minimum TIG

than can be moved in-zone to meet the desired opportunity, then

those officers that are not placed in-zone will compete for

promotion from the below-zone. Officers may be selected for

promotion from the below-zone, but will not receive a failure of

selection if not selected.

d. Officers who enter on active duty and are on the active-

duty list on the date the board convenes will be eligible for

consideration for promotion under this instruction unless

eligibility is deferred under paragraph 13e.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (3)

e. Deferred Eligibility

(1) Deferment of eligibility is intended to provide

officers who otherwise would have been in-zone or above-zone an

opportunity to obtain active-duty experience, qualifications,

and significant evaluation before being considered by a

promotion board. Officers whose promotion eligibility is

deferred will be considered as officers in- or above-zone, as

appropriate, as if their eligibility had not been deferred.

Eligibility will be deferred as follows:

(2) CMC may, with the officer’s consent or at his or her

request, at any time prior to the convening of the first

selection board to consider his or her record, defer the

officer’s eligibility for consideration in-zone or above-zone

for promotion up to one year from the date the officer entered

on active duty and was subject to placement on the active-duty

list. An officer’s written request for deferment must be

submitted to the Commandant of the Marine Corps, Headquarters

U.S. Marine Corps (MMPR-1), Harry Lee Hall, 17 Lejeune Road,

Quantico VA 22134-5104. Requests must arrive no later than the

convening date of the selection board before which the officer

would normally be eligible.

(3) Reinstatement. An eligibility deferral, waived

under paragraph 13e(1), will not be reinstated.

f. Effecting Promotions

(1) Promotions for officers on a promotion list will

normally commence the month after the Senate confirms the

nominations, provided there is a billet vacancy. Promotion of

officers from one competitive category may be effected without

regard for the relative seniority of officers of the same grade

in other competitive categories.

(2) A promotion MARADMIN message is published each month

that will provide the promotion authority for those officers who

will be promoted on the first of the next month, and a

projection for subsequent promotions in the following month.

Prior to release of the MARADMIN message, CMC (MMPR-1) shall

screen the names of the officers projected to be promoted for

adverse information. Officers whose records contain adverse

information shall have their promotion delayed. See paragraph

13 of enclosure (4) for delay procedures.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (3)

14. Continuation

a. Continuation selection boards for LDOs shall be

convened, whenever the needs of the Marine Corps require, by

SECNAV. As a matter of efficiency, promotion selection boards

may reconvene as continuation selection boards. Enclosure (5)

contains additional continuation board guidance that is

applicable to all active component restricted officers.

b. LDOs who have twice failed selection for promotion to

the next higher grade will be retired or separated from active

duty unless continued on active duty subject to the needs of the

Marine Corps.

c. The Marine Corps continuation policy for LDOs, per

Chapter 36 of reference (a), is as follows:

(1) To ensure that Marine Corps requirements are met to

the greatest extent practicable, continuation boards will be

held for permanent LDOs selected to the grades of lieutenant

colonel or major to continue on active duty those selected

officers who will otherwise be subject to involuntary retirement

for total years active service before they have time to complete

2 years in the grade of major or 3 years in the grade of

lieutenant colonel. The period of continuation will be such

that these officers will be able to complete 2 years in the

grade of major or 3 years in the grade of lieutenant colonel.

(2) Section 6383 of reference (a) provides for the

continuation of captains and majors who have twice failed

selection to the next higher grade if these individuals possess

skills needed by the Service. If the promotion plan cannot fill

the skill requirements of a particular competitive category, a

continuation board will be authorized to continue permanent LDO

captains and majors that have twice failed selection for

promotion to the next higher grade for a period of 2 years.

15. U.S. Marine Band Appointments

a. Per section 6222 of reference (a), U.S. Marine Band

shall be comprised of one director, two assistant directors, and

other personnel in such number and grades as SECNAV determines

to be necessary. Appointments shall be made without the

requirements of a formal selection board process. SECNAV may

designate the Director and Assistant Directors of the U.S.

Marine Band from qualified members of the Marine Corps. A

member so designated by SECNAV may be appointed by the

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (3)

President, by and with the advice and consent of the Senate, to

a commissioned grade in the regular Marine Corps. Such

appointments shall be temporary and SECNAV may revoke any

designation as Director or Assistant Director of the U.S. Marine

Band. Temporary appointments do not change the permanent status

of the officer in regard to promotion or appointment.

b. A Marine designated as Assistant Director of the U.S.

Marine Band will be appointed a temporary first lieutenant,

without the requirement of a formal board process, by the

President, by and with the advice and consent of the Senate. A

Marine designated as the Director of the U.S. Marine Band will

be appointed in the temporary grade of captain, except that a

member who, at the time of his or her designation, holds an

appointment in a higher grade may be appointed in that higher

grade, but not above lieutenant colonel.

c. Other members of the band will be appointed as follows:

(1) SECNAV may make temporary appointments, not above

the grade of captain, per section 5596 of reference (a).

(2) Appointments above the grade of captain shall be

made by the President, by and with the advice and consent of the

Senate, under sections 5596 and 6222 of reference (a).

16. U.S. Marine Drum and Bugle Corps Appointments

a. The U.S. Marine Drum and Bugle Corps shall be comprised

of one commanding officer and other personnel in such numbers

and grades as CMC determines to be necessary. Appointments

shall be made without the requirement of a formal selection

board process. CMC may designate the commanding officer and

other members from qualified members of the U.S. Marine Drum and

Bugle Corps. Officers shall be appointed based on the

procedures outlined below. Such appointments shall be

temporary; therefore, SECNAV may revoke the appointments at any

time. Temporary appointments do not change the permanent status

of the officer in regard to promotion or appointment.

b. The Commanding Officer, Marine Barracks, shall recommend

an officer to be designated as the Commanding Officer, U.S.

Marine Drum and Bugle Corps from qualified members of the U.S.

Marine Drum and Bugle Corps. Appointment to this position shall

be as follows:

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (3)

(1) A member recommended for appointment above the grade

of captain shall be appointed by the President, by and with the

advice and consent of the Senate, to a commissioned grade in the

regular Marine Corps.

(2) A member recommended for appointment, not above the

grade of captain, shall be appointed by SECNAV per section 5596

of reference (a).

c. Other members of the U.S. Marine Drum and Bugle Corps

shall be appointed, not above the grade of captain, by SECNAV

per section 5596 of reference (a).

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (4)

Promotion Procedures

1. Purpose

a. This enclosure pertains to the promotion of permanent

regular LDOs to higher permanent grades as set forth in sections

611-646 of reference (a), and to the promotion of temporary LDOs

to higher temporary grades pursuant to section 5596 of reference

(a).

b. This enclosure pertains to the promotion of permanent

regular chief warrant officers to higher permanent chief warrant

officer grades per sections 571-583 of reference (a), and to the

promotion of permanent chief warrant officers in the Marine

Corps Reserve.

2. Promotion Zones. For each promotion selection board there

are normally three zones established: above-zone, in-zone, and

below-zone. The zones are defined as follows.

a. Above-Zone

(1) Officers in the same grade and competitive category

as the officers in-zone, who are senior to the senior officer in

the in-zone, and who have failed selection for promotion at

least once.

(2) Above-Zone, Not Previously Considered. Officers in

the same grade and competitive category as the officers in-zone,

who are senior to the senior officer in-zone, but who have

neither been removed from a promotion list to that grade (other

than after having been placed on that list after a selection

from below-zone), nor failed of selection to that grade, are

considered as in-zone officers, and are referred to as officers

above-zone, not previously considered.

b. In-Zone. Officers in the same grade and competitive

category who:

(1) Have neither failed of selection for promotion to

the next higher grade nor have been removed from a promotion

list to that grade (other than after having been placed on that

list after a selection from below-zone); and

(2) Are senior to the officer designated by SECNAV as

the junior officer in-zone.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (4)

c. Below-Zone. Officers in the same grade and competitive

category who are eligible for promotion and are junior to the

junior officer in the in-zone.

3. Officers Precluded From Promotion Consideration

a. SECNAV may preclude from consideration by a selection

board an officer who would otherwise be eligible to be

considered, if that officer has an established separation date

that is within 90 days after the date on which the board is

convened.

b. Officers placed on the active-duty list after the date a

board convenes are not eligible for consideration for that

board.

c. An officer whose name is on a promotion list for the

next higher grade; or who is recommended for promotion in the

report of an earlier selection board that is pending approval is

not eligible for consideration by the board.

d. Officers who enter on active duty and are on the active-

duty list on the date the board convenes will be eligible for

consideration for promotion under this instruction.

4. Promotion Planning Factors

a. Convening of Selection Boards. SECNAV shall, whenever

the needs of the Marine Corps so require, convene promotion

selection boards to recommend officers for promotion to the next

higher grade. Warrant officer and LDO selection boards are held

depending upon projected billet vacancies in the competitive

categories. A MARADMIN message announcing the convening of

promotion selection boards will be released at least 30 days

prior to the convening date of the board.

b. Promotion Plan

. CMC (MPP-35) shall submit annual

warrant officer/Reserve warrant officer/LDO promotion plans to

SECNAV, via the NJAG for legal review, at least 45 days prior to

the convening dates of promotion selection boards. The

promotion plans will contain the following elements:

(1) Number authorized to select by grade and category

MOS.

(2) Promotion zones.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (4)

(3) Promotion opportunity.

(4) Maximum below-zone selections. Below-zone

selections may not exceed 10 percent of the number recommended

for promotion. If the number is less than one, the board may

recommend one such officer.

(5) 90-day exclusion provision.

(6) Continuation guidance.

5. Promotion Precepts

a. CMC (MMPR-1) will submit precepts for promotion

selection boards, and such SECNAV letters of guidance and

instruction as SECNAV may deem necessary, to SECNAV, via NJAG

for legal review, at least 15 days prior to the convening dates

of such boards. The precept shall be addressed to the president

of the board, who also serves as a member of the board. The

precept shall include the instructions of SECNAV governing the

conduct of the board and shall appoint the president, members,

and administrative support personnel of the board. The text of

enclosure (4) of reference (g) shall be included in the precept

and shall be read to each person participating in the conduct of

the board on the convening date of the promotion board to which

they are assigned or on the date of assignment to the board,

whichever is later. The precept shall also contain the

certification provided for in subparagraph E4.1.7 of reference

(g).

b. The precept shall require the promotion selection board

to certify that the board has carefully considered the record of

each officer whose record was furnished to the board and that,

in the opinion of the majority of the members of the board, the

officers recommended for promotion are fully qualified for

promotion and are the best qualified to meet the needs of the

Marine Corps from among those officers whose names were

furnished to the board.

6. Promotion Board Membership Composition

. The composition of

promotion boards shall be determined under section 612 of

reference (a) for LDOs, and section 573 of reference (a) for

chief warrant officers. The composition for Reserve chief

warrant officer promotion boards shall be determined under

reference (h). The composition shall include a board president,

members, recorders, and administrative support personnel as

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (4)

specified in reference (h) whose duties are further outlined in

reference (g). CMC shall ensure the board president, members,

and recorders of the board adhere to the board proceedings

outlined in paragraphs 6.2.1 and 6.2.2. of reference (g).

7. Oath. Each member of a promotion selection board shall

swear, or affirm, that he or she will perform his or her duties

as a member of the board without prejudice or partiality and

having in view both the special fitness of officers and the

efficiency of the Marine Corps. Each recorder and assistant

recorder shall swear, or affirm, that he or she will keep a true

record of the proceedings of the board. Each member, recorder,

assistant recorder, and administrative support personnel shall

swear, or affirm, that he or she will not disclose the

proceedings or recommendations of the board except as authorized

or required by SECNAV or higher authority.

8. Information Furnished to Promotion Selection Boards. The

following information shall be furnished to each promotion

selection board at the time it is convened by the authority

indicated:

a. SECNAV will specify in the precept the maximum number of

officers in each grade and competitive category that the board

may recommend for promotion consistent with the annual promotion

plan. The boards are not required to select to the numbers

provided.

b. CMC shall provide the names of all officers who are to

be considered by the board in order of seniority.

c. CMC shall supply the pertinent records of each officer

to be considered by the board. Such records shall include all

documents, including fitness reports, that are essential for a

fair and substantially accurate and complete portrayal of the

officer’s career as of the date the board convenes. Fitness

reports, personal awards or other documents with ending dates

after the convening date of the board will not be added to these

records even if received while the board is in session. If the

board requests information to amplify or clarify official

records provided to the board, the board may request such

information from SECNAV, via CMC. Information from outside an

officer’s official record may not be provided to a board if that

information, under Service regulations, could not otherwise be

included in the officer’s official record without notice to the

officer and an opportunity for the officer to comment on it.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (4)

9. Communication with Promotion Selection Boards. Officers

eligible for consideration by a promotion board may communicate

directly in writing with the board President. The communication

may call attention to any matter concerning the officer that the

officer considers important. It may include, as attachments,

correspondence from any other individual.

a. Correspondence not originated or endorsed by the

eligible officer, including endorsements or other letters

written on behalf of that officer and forwarded under separate

cover, is not acceptable and will not be provided to the board.

Correspondence that contains classified information will not be

accepted.

b. Officers who desire to communicate with a promotion

board shall forward written communication to the president of

the board to the address noted in the convening MARADMIN

message. An eligible officer's correspondence must arrive no

later than the day before the convening date of the selection

board which is to consider his or her record. Correspondence

received after a board is convened will not be submitted to the

board.

c. The selection board shall consider all correspondence

that complies with the above requirements.

d. Except as provided by this paragraph, no person may

furnish unsolicited information or opinion regarding officers to

be considered by a selection board.

10. Proceedings, Recommendations, Reports, and Action on

Reports of Selection Boards

a. Except as authorized or required by SECNAV, the

Secretary of Defense, or the President, no member or recorder of

a promotion selection board shall disclose the proceedings or

recommendations of a promotion selection board.

b. The LDO promotion selection board shall submit a report

to the Principal Deputy Under Secretary of Defense for Personnel

and Readiness (PDUSD (P&R)) for approval via, first; CMC for his

recommendations; second, NJAG for legal review; and third,

SECNAV. In addition, the LDO promotion selection board that

considered officers with service in joint duty assignments will

be forwarded to the Chairman of the Joint Chiefs of Staff for

review under section 618(b) of reference (a). The chief warrant

officer promotion selection boards shall submit a report to

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (4)

SECNAV for approval via, first; CMC for his recommendations, and

second; NJAG for legal review. The report shall list the names

of the officers recommended for promotion in order of seniority

by competitive category. The reports shall be in writing and

shall be signed by each board member and recorder. The reports

shall certify that the board has complied with all instructions

contained in its precept and, as appropriate, other letters of

guidance or instruction provided by SECNAV.

c. The LDO promotion selection board shall report the name

of each officer whose record, in the opinion of a majority of

the members of the board, indicates that the officer should be

required to show cause for retention on active duty. The

requirement to show cause can arise from substandard performance

of duty, moral or professional dereliction, misconduct, or if

retention is not clearly consistent with the interests of

national security. LDOs so reported by a promotion selection

board may be processed for administrative separation.

d. The LDO promotion selection boards shall include in its

report the names of those officers considered and not

recommended for promotion by the board who submitted to the

board a request not to be selected for promotion or who

otherwise directly caused their nonselection through written

communication to the board. Any officer who submits such a

request will still be considered for promotion and will incur a

failure of selection if not recommended for promotion by the

board. Per section 1174(a)(3) of reference (a), the officers so

reported will not be entitled to separations pay.

e. The chief warrant officer and Reserve chief warrant

officer promotion selection board shall report the names of

those officers whose records and/or reports establish, in its

opinion, their unfitness or unsatisfactory performance in their

grade or that their retention is not clearly consistent with the

interests of national security. Officers so reported by a

promotion selection board may be processed for administrative

separation.

f. Under the authority of reference (l) and SECNAV

guidance, CMC shall, prior to submission of the board report to

SECNAV, screen the names of the officers recommended for

promotion by the board for adverse material which may not have

been in an officer's record and known to board members.

Depending upon the nature of the adverse material, an officer's

appointment may be withheld from nomination pending adjudication

or further review by SECNAV.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (4)

g. CMC shall forward the report of the promotion selection

board and nomination for appointment of the selected officers to

NJAG for legal review prior to submission to SECNAV. Per

reference (l), the LDO lieutenant colonel promotion selection

board shall provide the Under Secretary of Defense for

Acquisition, Technology, and Logistics a statistical comparison

of acquisition corps and LDO promotion selection rates in

accordance with the selection guidance established under section

1731(b) of reference (a).

h. If, after reviewing the report of a promotion selection

board, SECNAV determines that the board acted contrary to law or

regulation, SECNAV shall return the report to the board for

further proceedings. Upon receipt of a report that has been

returned by SECNAV for further proceedings, the board (or a

subsequent promotion selection board for the same grade and

competitive category) shall conduct such proceedings as may be

necessary in order to revise the report and shall resubmit the

report, as revised, to SECNAV in accordance with the provisions

of this enclosure for the original submission of promotion

selection board reports to SECNAV.

i. When the report of the LDO promotion selection board is

approved by PDUSD (P&R) and the chief warrant officer and

Reserve chief warrant officer reports are approved by SECNAV,

the names of the officers approved for promotion shall be placed

on a single promotion list for each grade and competitive

category, in order of seniority of such officers on their

respective active-duty list.

(1) SECNAV shall nominate the names of the officers on

the LDO promotion list to the Senate and the chief warrant

officers to the President, via the Deputy Secretary of Defense,

for appointment to their selected grades.

(2) In an effort to consolidate actions, the active

chief warrant officer nominations submitted to the President

shall also contain the names of those W-1s anticipated to be

promoted within the same fiscal year as the officers recommended

for promotion by the selection board.

(3) SECNAV may, if it is deemed appropriate when there

are unresolved allegations concerning a nominated officer’s

qualifications for promotion, withhold the officer’s from the

list of names submitted to the Senate or President, as

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (4)

appropriate, for appointment pending resolution of the

allegations.

(4) SECNAV shall announce to the public, via ALNAV, the

names of the LDOs recommended for promotion when the nomination

is transmitted to the President. The names of the active chief

warrant officers and Reserve chief warrant officers recommended

for promotion shall be announced to the public when the report

of the board is approved by SECNAV. SECNAV may withhold from

the ALNAV the names of those officers whose names were withheld

from nomination.

j. Only the President may remove the name of an officer

recommended for promotion from the report of the selection

board. However, SECNAV may remove the name of an officer from a

promotion list. CMC may forward requests for such actions to

SECNAV for review and appropriate action.

k. Promotion of the LDOs whose names were submitted to the

Senate for appointment may, upon Senate confirmation, take

effect.

l. Promotion of the active chief warrant officers whose

names were submitted to the President for appointment by

commission, may upon the President's approval, take effect.

m. Promotion of the Reserve chief warrant officers whose

names were approved by SECNAV may, upon SECNAV’s approval, take

effect.

11. Promotion Announcements. A promotion MARADMIN message is

published each month that will provide the promotion authority

for those officers who will be promoted on the first of the next

month, and a projection for subsequent promotions in the

following month. Prior to release of the MARADMIN message, CMC

(MMPR-1) shall screen the names of the officers projected to be

promoted for adverse information. Officers whose records

contain adverse information shall have their promotion delayed.

12. Effective Date of Promotion. Except as provided in

paragraph 13 of this enclosure or as otherwise provided by law,

the date of rank of an officer promoted to a higher grade is the

date of appointment. Appointments will be considered accepted

and effective on the date specified in the promotion MARADMIN

message unless the officer concerned expressly declines the

appointment. Written requests for declination of appointment

should be submitted on or before the effective date, but not

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (4)

later than 30 days from the effective date. Requests for

declination must be submitted to Commandant of the Marine Corps,

Headquarters U.S. Marine Corps (MMPR-1), Harry Lee Hall, 17

Lejeune Road, Quantico, VA 22134-5104. The appointment will be

deemed effective unless the request for declination is received

by the 30th day after the effective date. Additionally, any

statement or action by an officer that signals their acceptance

of the appointment, forever waives their right to decline. See

paragraph 14 of this enclosure for additional guidance

pertaining to declination of appointment.

13. Delay of Promotion. Prior to effecting a promotion, CMC,

his designee, or commanding officers exercising special court-

martial convening authority may delay an officer's promotion.

If the promotion is delayed, the delaying officer shall, within

10 days, or as soon as practicable, forward the information

required by paragraph 13b to SECNAV for ratification.

a. Criteria for Promotion Delay. Promotion may be delayed

under this instruction if:

(1) Sworn charges against the officer have been received

by an officer exercising general court-martial jurisdiction over

the officer and such charges have not been disposed of.

(2) An investigation is being conducted to determine

whether disciplinary action of any kind should be brought

against the officer.

(3) Processing for separation for cause has been

initiated under reference (i).

(4) A criminal proceeding in a Federal or State court is

pending against the officer.

(5) There is cause to believe that the officer is

mentally, physically, morally, or professionally unqualified.

Officers with physical disabilities received in the line of duty

who have been retained in an active status or whose medical

conditions are in the process of being reviewed for retention

shall not be denied promotion.

b. Command Requests for Delay

(1) Commanding officers who consider delay of an

officer’s promotion warranted and delay an officer’s promotion,

shall submit justification for the delay to SECNAV, via CMC

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (4)

(MMPR-1), within 10 days of receipt of the promotion MARADMIN

message, or as soon thereafter as practicable.

(2) Each justification for delay to SECNAV must include

the following documents:

(a) A copy of the notification to the officer.

(b) A statement by the officer. If the officer

declines to make a statement, the officer concerned shall submit

a signed statement to that effect.

officer’s commanding officer based on his or her knowledge of

the officer involved.

(d) A recommendation by CMC.

c. Notification of Grounds for Delay

. The promotion of an

officer may be delayed only if the officer has been given

written notice of the grounds for the delay before the effective

date of the promotion, unless it is impractical to do so, in

which case such written notice shall be given as soon as

practicable.

d. Limitations on Delay. The promotion of an officer may

not be delayed for more than six months after the date on which

the officer would otherwise have been promoted, unless SECNAV

specifies a further period of delay. CMC will submit timely

requests, with supporting rationale, for any extension of delay

of promotion. An officer’s promotion may not be delayed more

than 90 days after final action has been taken in any criminal

case against the officer in a Federal or State court, more than

90 days after final action has been taken in any court-martial

against the officer, or more than 18 months after the date on

which the officer would otherwise have been promoted, whichever

is later.

e. Removal from the Promotion List. If during a delay of

promotion, it is determined that removal from the promotion list

is appropriate, removal action under paragraph 14 of this

enclosure may be initiated. Although removal action is

contemplated, requests for delay extensions as provided in

paragraph 13d shall be submitted to SECNAV as necessary until

the officer’s name is removed from the promotion list.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (4)

f. Subsequent Promotion

(1) If a promotion has been delayed under paragraph

13a(1)–13a(5) and

(a) no disciplinary action is taken against the

officer; charges against the officer are withdrawn or dismissed,

(b) the officer is not ordered administratively

separated under reference (i); or

against him or her, the officer shall be retained on the

promotion list and shall, upon promotion to the next higher

grade, have the same date of rank, and the same effective date

for the pay and allowances of the grade to which promoted and

the same position on the active-duty list as he or she would

have had if no delay had occurred, except as provided below.

(2) If SECNAV determines that the officer was

unqualified for promotion for any part of the delay, the date of

rank, effective date of pay and allowances, and position on the

active-duty list may be adjusted.

14. Removal from a Promotion List

a. SECNAV may remove the name of an officer who is on a

promotion list at any time before the promotion is effective.

An officer, whose name was withheld from appointment or whose

promotion was delayed, shall not have his or her promotion

effected until such time that the reason for withholding or

delaying has been resolved.

b. If an officer’s name is removed from the promotion list

by SECNAV action, CMC (MMPR-1) shall notify that officer in

writing of his or her removal from the promotion list and the

resulting effect on promotion status under paragraphs 15 and 16.

CMC (MMPR-1) shall forward SECNAV's action and the officer's

official response to the officer's OMPF.

15. Not Qualified for Promotion (W-1s)

. The SECNAV delegates

to the CMC the authority to determine whether W-1s are qualified

for promotion.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (4)

a. Per section 1165 of reference (a), non-retirement

eligible warrant officers, with less than 36 months of

continuous active service since the date of original appointment

who are serving in the grade of W-1 and found not qualified for

promotion to CWO2 may be honorably discharged by SECNAV, upon

the recommendation of CMC, not later than the end of the 36-

month period beginning on the date on which the W-1s were first

appointed. Per section 12241(c) of reference (a), non-

retirement eligible Reserve warrant officers, with less than 60

months of service since the date of original appointment who are

serving in the grade of W-1 and found not qualified for

promotion to CWO2 may be honorably discharged by SECNAV, upon

the recommendation of CMC, not later than the end of the 60

month period beginning on the date on which the W-1s were first

appointed. All non-retirement eligible warrant officers that

have been found not qualified for promotion to CWO2 and were not

separated pursuant to section 1165 or section 12241(c) of

reference (a), shall be reconsidered for promotion to CWO2, upon

the W-1’s request, after 1 year from the date that the W-1 was

determined not qualified for promotion.

b. Per section 1166 of reference (a), non-probationary

warrant officers or retirement eligible warrant officers serving

in the grade of W-1 who have been found not qualified for

promotion to CWO2, shall be referred to a Board of Inquiry (BOI)

for a determination on whether the W-1 is fit for continued

service. A determination of not qualified for promotion to CWO2

is evidence of unfitness for continued service.

(1) A non-probationary W-1 that is determined to be

unfit for continued service by a BOI, convened pursuant to

section 1166 of reference (a), shall be discharged.

(2) A non-probationary W-1 that is determined to be fit

for continued service by a BOI, convened pursuant to section

1166 of reference (a), shall be reconsidered for promotion to

CWO2, upon the W-1’s request, after 1 year from the date that

the W-1 was determined not qualified for promotion. W-1s that

are again determined not qualified for promotion to CWO2 shall

not be again referred to a BOI and will be reconsidered for

promotion to CWO2, upon the W-1’s request, after 1 year from the

date the W-1 was last determined not qualified for promotion,

until the W-1 is promoted, retired, or separated under some

other provision of law.

(3) A retirement eligible W-1 that is determined to be

unfit for continued service by a BOI, convened pursuant to

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (4)

section 1166 of reference (a), shall be retired. Per section

1371 of reference (a), recommendations for a retirement grade

determination are neither appropriate nor required.

(4) A retirement eligible W-1 that is determined to be

fit for continued service by a BOI, convened pursuant to section

1166 of reference (a), shall be reconsidered for promotion to

CWO2, upon the W-1’s request, after 1 year from the date that

the W-1 was determined not qualified for promotion. W-1s that

are again determined not qualified for promotion to CWO2 shall

not be again referred to a BOI and will be reconsidered for

promotion to CWO2, upon the W-1’s request, after 1 year from the

date the W-1 was last determined not qualified for promotion,

until the W-1 is promoted, retired, or separated under some

other provision of law.

16. Eligibility of Officers Removed from Promotion List

a. An officer whose name is removed from a promotion list

continues to be eligible for consideration for promotion. If an

officer is recommended for promotion by the next selection board

convened for that officer’s grade and competitive category and

the officer is promoted, SECNAV may under section 1552 of

reference (a), upon such promotion, grant the officer the same

date of rank, the same effective date for pay and allowances for

the grade to which promoted, and the same position on the

active-duty list as the officer would have had if the officer’s

name had not been removed from the first promotion list.

b. If an officer whose name was removed from a promotion

list is not recommended for promotion by the next selection

board convened for the officer’s grade and competitive category,

or if the officer’s name is again removed from the list of

officers recommended for promotion, the officer shall be treated

for all purposes to have twice failed of selection for

promotion.

17. Failure of Selection for Promotion

a. Officers who are in- or above-zone and are considered

but not selected for promotion will be considered to have failed

of selection for promotion to the next higher grade.

b. An officer whose name was removed from a promotion list

and is not recommended for promotion by the next promotion board

convened for the officer’s grade and competitive category, or if

the officer’s name is again removed from the list of officers

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (4)

recommended for promotion, the officer shall be considered for

all purposes to have twice failed of selection for promotion.

c. Officers who fail of selection for promotion remain

eligible for consideration by subsequent promotion boards as

long as they remain on the active-duty list. Two or more

failures of selection subjects an officer to involuntary

retirement or separation under references (a) and (i). Officers

subject to retirement or discharge are not eligible for further

consideration for promotion.

d. Officers in- or above-zone who are selected for

promotion but decline the appointment shall be considered to be

above-zone for subsequent promotion selection boards. Per

reference (i), they will not be considered to have failed of

selection for promotion for purposes of entitlement to

separation pay under section 1174 of reference (a).

18. Counseling of Officers Who Fail of Selection for Promotion

CMC (MMOA-4)/CMC (CMT) shall provide, upon request, counseling

for active duty officers who fail of selection for promotion.

The Reserve Affairs Career Management Team shall provide

counseling for Reserve chief warrant officers. Counseling shall

consist of reviewing the officer’s record and indicating any

factors that may account for not having been selected. The

counselor will be an officer experienced in officer personnel

matters who is senior to and, when practicable, in the same

competitive category as the officer requesting counseling. The

counselor may not be an officer who served as a member,

recorder, or administrative support personnel for a promotion

board that failed to select the requesting officer for

promotion.

19. Special Selection Boards

. Officers eligible for promotion

in- or above-zone who were either not considered by a selection

board, or who were considered, but due to defects in the board's

proceedings as to them, did not receive lawful or proper

consideration, may request consideration by a special selection

board. Submit special selection board requests to CMC (MMPR-1)

under the requirements provided in reference (j). Special

selection boards shall be convened, as determined by SECNAV,

under the procedures established in reference (j).

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (5)

Continuation Procedures

1. Purpose. This enclosure pertains to the continuation on

active duty of eligible permanent LDOs and Regular warrant

officers who are subject to involuntary retirement under section

6383 or 1305 of reference (a). .

2. General

a. Continuation selection boards shall be convened,

whenever the needs of the Marine Corps require, by SECNAV to

consider officers for deferment of involuntary separation or

retirement. The requirement for continuation will be a part of

the annual promotion plan. As a matter of efficiency, promotion

selection boards may reconvene as continuation selection boards.

b. The results of continuation selection boards shall be

made known sufficiently in advance of the date of involuntary

retirement so as to allow officers who are selected for

deferment, and those who are not selected for deferment, a

reasonable period of time for personal planning. However, the

results shall not be released prior to release of the promotion

selection board which reconvened to consider the officers for

continuation.

c. Each officer who is (1) continued on active duty, (2)

not subsequently promoted or continued for a further period, and

(3) not on a promotion list or continuation list shall, unless

sooner retired, be retired upon the expiration of the period for

which the officer’s service was continued. Each officer shall

be retired on the first day of the first month following the

month in which the officer completes his or her period of

continued service.

d. Any deferral of retirement and continuation on active

duty under this instruction shall be for a period not to exceed

5 years, and such period may not extend beyond the date of the

officer’s 62nd birthday.

3. Continuation of LDOs

a. Under section 6383(a) of reference (a) and the

provisions of reference (i), a permanent LDO who holds the grade

of lieutenant colonel or major in the Regular Marine Corps is

subject to involuntary retirement on the last day of the month

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (5)

in which he/she completes a total of 30 years of active naval

service (other than active duty for training in a Reserve

component). In addition, under section 6383(b) of reference (a)

and the provisions of reference (i), a permanent LDO who holds

the grade of major in the Regular Marine Corps and is not on a

promotion list to the next higher grade is subject to

involuntary retirement not later than the first day of the

seventh month beginning after the month in which the President

approves the report of a promotion selection board in which the

officer is considered as having failed of selection for

promotion to the grade of lieutenant colonel for the second

time.

b. A permanent LDO who is serving in the grade of

lieutenant colonel or major and subject to involuntary

retirement may, subject to the needs of the service, be

continued on active duty under section 6383(i) of reference (a),

if the officer is selected by a continuation selection board.

c. A permanent LDO whose retirement is deferred under

section 6383(i) of reference (a) and who is not subsequently

promoted may not be continued on active duty beyond 24 years of

active commissioned service if in the grade of major, or 28

years of active commissioned service if in the grade of

lieutenant colonel, or beyond age 62, whichever is earlier.

Consistent with these limitations, each continuation board

convened under this enclosure will be provided guidance

concerning the period of continuation that the board may

recommend for each officer. No officer may be deferred for a

period of more than 5 years by any one selection board.

d. A permanent LDO who is selected for deferment of

involuntary retirement shall be notified of his/her selection

and afforded the opportunity to accept or decline it. If the

permanent LDO declines to continue on active duty, he/she shall

be retired in accordance with section 6383(a)-(c) of reference

(a). The results of continuation selection boards shall be made

known sufficiently in advance of the date of involuntary

retirement so as to allow those permanent LDOS who are selected

for deferment, and those who are not selected for deferment, a

reasonable period of time for personal planning.

e. Each officer who is (1) continued on active duty, (2)

not subsequently promoted or continued for a further period, and

(3) not on a promotion list or continuation list shall, unless

sooner retired, be retired upon the expiration of the period for

which the officer’s service was continued. Each officer shall

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (5)

be retired on the first day of the first month following the

month in which the officer completes his/her period of continued

service.

4. Continuation of Chief Warrant Officers

a. Per section 1305(c) of reference (a), the SECNAV may

defer the retirement of any regular warrant upon the

recommendation of a continuation selection board and with the

consent of the warrant officer, but not later than 60 days after

he/she becomes 62 years of age.

b. No officer may be deferred for a period of more than 5

years by any one selection board.

5. Continuation Selection Board Procedures

a. Notice of Convening. Notice of convening of a

continuation selection board shall be issued at least 30 days

before such board is convened. The notice shall include the

convening date of the board and such additional information that

will permit eligible officers to communicate with the

continuation selection board.

b. Continuation Board Membership Composition. The

composition shall include a board president, members, recorders,

and administrative support personnel as specified in reference

(h).

c. Oath. Each member of the board shall swear, or affirm,

that he or she will perform his or her duties as a member of the

board without prejudice or partiality and having in view both

the special fitness of officers and the efficiency of the Marine

Corps. Each recorder and assistant recorder shall swear, or

affirm, that he or she will keep a true record of the

proceedings of the board. Each member, recorder, assistant

recorder, and administrative support personnel shall swear, or

affirm, that he or she will not disclose the proceedings or

recommendations of the board except as authorized or required by

SECNAV or higher authority.

d. Information Furnished to Continuation Selection Boards

(1) SECNAV will provide the following information to

each continuation board at the time it is convened:

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (5)

(a) The minimum and maximum periods of continuation

that the board may recommend.

(b) The maximum number of officers that the board

may recommend for continuation.

qualifications for officers in each grade under consideration

and such other information and guidelines as may be necessary to

enable the board to perform its functions properly.

(2) CMC shall provide the names and pertinent records of

officers to be considered for continuation.

e. Board Reports. Board reports shall be forwarded to

SECNAV for approval or disapproval in whole or in part via CMC

for his recommendations and NJAG for legal review. Each report

shall be in writing and shall be signed by all members and

recorders. The report of each continuation board shall certify

that the board has carefully considered the record of each

officer whose name was furnished to the board and that, in the

opinion of a majority of the members of the board the officers

recommended for continuation are fully qualified for

continuation and that their continuation is in the best interest

of the Marine Corps.

f. Under SECNAV guidance, CMC shall, prior to submission of

the board report to SECNAV, screen the names of the officers

recommended for continuation by the board for adverse material

which may not have been in an officer's record and known to

board members. Depending upon the nature of the adverse

material, an officer’s selection for continuation may be

disapproved by SECNAV.

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (6)

Sample Application Format and Data Sheet for Limited Duty Officer

and Warrant Officer Programs

SSIC

CODE

DATE

From: Grade, Full Name, SSN, MOS, and USMC/USMCR

To: Commandant of the Marine Corps (MORE)

Via: Immediate commanding officer and endorsing chain of command

Subj: REQUEST FOR APPOINTMENT UNDER THE FISCAL YEAR (XX) LIMITED DUTY

OFFICER/WARRANT OFFICER PROGRAM (RESERVE OR REGULAR)/WARRANT OFFICER

(MARINE GUNNER) PROGRAM (as appropriate)

Ref: (a) SECNAVINST 1412.9B

(b) MCBul 1040 of (date)

Encl: (1) Data Sheet

(2) Certified copy of NAVMC 763 (Appointment Acceptance and Record)

(LDO applicants only)

(3) Certified copy of SRB page 12 and 13 (if applicable)

(4) Certified copy of SRB pages 3 and 23 or Record of Service (ROS)

(applicable to sergeants only)

(5) Certified copy of BIR and BTR

(6) NAVMC 10476 (Reserve Qualification Summary) (Reserve applicants

only)

(7) Certified copy of Scholastic Aptitude Test/American College Test

(SAT/ACT) Test Report (if applicable)

(8) Certified copy of evidence of security investigation (if

investigation not on BTR)

(9) Certified copy of SRB page 8a

(10) Certified copy of college transcripts and evidence of degree (if

applicable)

(11) Photograph

1. I am eligible (except for [type of waiver]) and apply for the Fiscal

Year (XX) (enter appropriate program) as outlined in references (a) and (b).

Enclosures (1) through (11) (as applicable) are attached as requested. The

following information is submitted:

a. “I, (Full Name), if selected for appointment to (LDO/WO) and upon

acceptance of such appointment, agree to remain (on active duty/in the Ready

Reserve) for a period of not less than 3 years, unless sooner separated for

cause under the provisions of SECNAVINST 1920.6C, Administrative Separation

of Officers. I understand that this obligation will run concurrently with

any other legal obligation in force and will not serve to decrease any such

obligation.”

Reserve personnel on the Full Time Support (FTS) Program must include the

following statement:

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (6)

“If selected for appointment to the Reserve Warrant Officer Program, and upon

acceptance of such appointment, I agree to request release from my FTS

contract in order to comply with reference (a), enclosure (3), par 3d.”

Subj: REQUEST FOR APPOINTMENT UNDER THE FISCAL YEAR (yr.) LIMITED DUTY

OFFICER/WARRANT OFFICER PROGRAM (RESERVE OR REGULAR)/WARRANT OFFICER

(MARINE GUNNER) PROGRAM (as appropriate)

b. Date of Birth: YYYYMMDD.

c. Permanent grade and Date of Rank: (W-? or E-?) YYYYMMDD.

d. List off-duty education courses. (Attach transcripts, if available.)

e. List military schools and correspondence courses completed. (Include

school now attending and/or correspondence course(s) currently enrolled in,

if applicable.)

f. I have a NAC/Background Investigation (BI)/Special Background

Investigation (SBI) completed by the Defense Investigative Service on (date);

or I do not have a NAC/BI/SBI, but I initiated one on (date). Enclosure (8)

applies (if applicable).

g. Active naval service as of (date of appointment): XX yrs XX mos XX

days. If other than naval service is included in your Armed Forces Active

Duty Base Date (AFADBD), include branch of service, periods of service and

highest grade held.

h. Amount of commissioned service, if a former officer:

XX yrs XX mos XX days (if applicable).

i. MOS for which applying (as appropriate):

(1) First Choice:

(2) Second Choice:

(3) “I am willing to accept any MOS in which the board considers me

qualified.”

j. Amount of creditable service for retirement purposes as of (date of

appointment): XX yrs XX mos XX days. (Reserve applicants only.)

k. ASVAB EL, SAT, ACT test score and date tested (or ASVAB/ACB-61/AFCT

GT score for Marine Gunner). Ensure enclosures (5) and (7) are enclosed to

verify scores. Should enclosure (5) not contain the ASVAB score, retest as

outlined by MCO 1230.5A (WO applicants only).

l. List years of actual experience and key billets held in first and

second choice MOSs (if applicable).

m. Unit telephone number and point of contact. (Indicate your admin

office’s DSN or commercial numbers only. DO NOT use FTS numbers.)

n. Recent photo per reference (c) is attached as enclosure (X).

______________________

Signature of applicant

SECNAVINST 1412.9B

7 Feb 2006

Enclosure (6)

DATA SHEET

Instructions: Applicant must complete items A through K (or L, if

applicable) utilizing the space provided in column 2. Please use Courier or

Pica 10 pitch print. ALL CHARACTERS MUST BE IN CAPS.

COLUMN 1 COLUMN 2

A. LAST NAME

B. FIRST NAME

C. MIDDLE INITIAL

D. SSN (NO SPACES)

E. PRESENT GRADE

F. PRESENT MOS

G. MOS FOR WHICH APPLYING (1

CHOICE ONLY)

H. RACE/ETHNIC CODE (PER BTR)

I. AGE (AS OF COMMISSIONING DATE – YY MM)

J. ACTIVE NAVAL SERVICE (AS OF COMM DATE – YY MM)

K. EL/GT SCORE (AS APPROPRIATE)

L. RESERVE ON FTS (IF APPLICABLE) Y / N (CIRCLE ONE)

----------------HQMC----------ACTION-------------ONLY-----------

CHECKLIST

ENDORSEMENTS

______

PHOTOGRAPH _______ RECOMMENDED/NOT

RECOMMENDED

______ PAGE 12, SRB

______ PAGE 8A, SRB MISSING

______ PAGE 3, SRB _______ EL VERIFICATION

______ ROS (Sgts only) _______ BIR & BTR

BIR & BTR

_______ PAGE 12

______ CITIZEN _______ PAGE 8A

______ DOB _______ PAGE 3/ROS

______ R/E _______ NAC EVIDENCE

______ ANS/TIS

______ EL/SAT

______ NAC

*TO BE REPRODUCED AS NEEDED*