10-U.S.C.-1186

§1186 – officer Considered For Removal: Voluntary Retirement Or Discharge

Pathway

Title 10 > Subtitle A > Part II > Chapter 60 > Section 1186

Details

• Reference: Section 1186
• Legend: §1186 – officer Considered For Removal: Voluntary Retirement Or Discharge
• USCode Year: 2013

Provision Content

(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.

(Added Pub. L. 96–513, title I, §110, Dec. 12, 1980, 94 Stat. 2874; amended Pub. L. 101–510, div. A, title V, §501(f)(1), Nov. 5, 1990, 104 Stat. 1550.)

Amendments

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

U.S. Encyclopedia of Law Coverage

10-U.S.C.-1162, in the Legal Encyclopedia: General Military Law

In this entry about 10-U.S.C.-1162,, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.

10-U.S.C.-1181 in the Legal Encyclopedia: Enlistments

In this entry about 10-U.S.C.-1181, find legal reference material, bibliographies and premiere content related to enlistments in the American Encyclopedia of Law, presenting a comprehensive view of the United States enlistments-specific issues, written by authorities in the field.

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