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Title 10, Armed ForcesRelease 119-102

§1186 Officer Considered for Removal: Voluntary Retirement or Discharge

Title 10 › 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 Aug 21, 2026|Official source

Summary

The military department secretary may let an officer facing removal ask to retire voluntarily if they qualify, or ask to be discharged instead. If the officer is removed and was eligible to retire on that day, they will be retired at the rank and with the retirement pay they would be entitled to. If they were not eligible to retire, they will be discharged in their current rank. Depending on how the removal case began, the discharge may be honorable or not. Discharged officers can get separation pay if they meet the rules for it.

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

Aug 21, 2026

Release point: 119-102