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U.S. Code/Title 10/§ 1186

Title 10

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10 U.S.C. § 1186.Chapter 60

§ 1186

Officer considered for removal: voluntary retirement or discharge

Title 10
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((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 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 ; or

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

((c)) An officer who is discharged under subsection (b)(2) is entitled, if eligible therefor, to separation pay under .

§ 1185

Release: pl-119-84 (2026-04-18)

§ 1187

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