10 U.S.C. § 1186 — Officer considered for removal: voluntary retirement or discharge
submitted 46 years ago by Pub. L. 96-513 to r/title-10-ARMED-FORCES · 206 words · no verdicts yet
During proceedings to remove an officer from active duty, the relevant military-department Secretary may approve voluntary retirement or discharge. The section sets the grade, retired pay, discharge type, and possible separation pay.
(a) During proceedings. The Secretary may grant the officer’s request for (1) voluntary retirement, if qualified, or (2) discharge under (b)(2). (b) Removal from active duty*. An officer* removed under section 1184 must (1) if eligible for voluntary retirement on the removal date, retire in the grade* and with the pay* available under that law; or (2) if not eligible, (A) be honorably discharged in the grade held when the case was brought under section 1181(a), or (B) be discharged in that grade when the case was brought under section 1181(b). (c) An officer discharged under (b)(2) is entitled to section 1174(a)(2) separation pay if eligible.
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—
for voluntary retirement, if the officer is qualified for retirement; or
for discharge in accordance with subsection (b)(2).
An officer removed from active duty under section 1184 of this title shall—
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
if ineligible for voluntary retirement under any provision of law on the date of such removal—
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
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.
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.
Source credit: (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.)
- 1980Enacted · Pub. L. 96-513 · 94 Stat. 2874
- 1990Amended · Pub. L. 101-510 · 104 Stat. 1550
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-513 on 1980-12-12.
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