§1186 — Title 10 Armed Forces | U.S. Code

Summary

The military department secretary can let an officer who is facing removal from active duty ask to retire voluntarily or ask to be discharged. The officer can make this request during the removal proceedings. If an officer is removed under section 1184 and is eligible for voluntary retirement on that date, the officer will be retired in the grade and with the retired pay they would get under that retirement law. If the officer is not eligible for voluntary retirement on that date, the officer will be discharged in the grade then held. If the case was brought under section 1181(a), the discharge will be honorable. If it was brought under section 1181(b), the officer will be discharged (not necessarily honorable). An officer discharged this way may be eligible for separation pay under section 1174(a)(2).

Title 10, §1186

Armed Forces — Source: USLM XML via OLRC

(a)At any time during proceedings under this chapter with respect to the removal of an officer from active duty, the Secretary of the military department concerned may grant a request by the officer—

(1)for voluntary retirement, if the officer is qualified for retirement; or

(2)for discharge in accordance with subsection (b)(2).

(b)An officer removed from active duty under section 1184 of this title shall—

(1)if eligible for voluntary retirement under any provision of law on the date of such removal, be retired in the grade and with the retired pay for which he would be eligible if retired under such provision; and

(2)if ineligible for voluntary retirement under any provision of law on the date of such removal—

(A)be honorably discharged in the grade then held, in the case of an officer whose case was brought under subsection (a) of section 1181 of this title; or

(B)be discharged in the grade then held, in the case of an officer whose case was brought under subsection (b) of section 1181 of this title.

(c)An officer who is discharged under subsection (b)(2) is entitled, if eligible therefor, to separation pay under section 1174(a)(2) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1990—Subsec. (c). Pub. L. 101–510 substituted “section 1174(a)(2)” for “section 1174(b)”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Sept. 15, 1981, but the authority to prescribe

Regulations

under this section effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as an

Effective Date

of 1980 Amendment note under section 101 of this title.

§1186 Officer considered for removal: voluntary retirement or discharge

Summary

Title 10, §1186

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Effective Date

Citations & Metadata