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Title 10 — Armed ForcesRelease 119-73not60

§1186 Officer Considered for Removal: Voluntary Retirement or Discharge

Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 60— SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD PERFORMANCE OF DUTY OR FOR CERTAIN OTHER REASONS › § 1186

Last updated Apr 3, 2026|Official source

Summary

The Secretary of the officer’s military department may let an officer retire voluntarily during removal proceedings if the officer qualifies, or may approve a discharge under the rules for officers who are not eligible to retire. If an officer is removed from active duty and is eligible for voluntary retirement on that day, they must be retired in the rank and with the retirement pay they would get under that law. If not eligible, they are discharged in the rank they hold: cases brought under subsection (a) of section 1181 get an honorable discharge; cases under subsection (b) of section 1181 get a discharge. A discharged officer who is eligible may receive separation pay under section 1174(a)(2).

Full Legal Text

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.

Legislative History

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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1186

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60