
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1186]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
 CHAPTER 60--SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD PERFORMANCE 
                  OF DUTY OR FOR CERTAIN OTHER REASONS
 
Sec. 1186. Officer considered for removal: voluntary retirement 
        or discharge
        
    (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, Sec. 110, Dec. 12, 1980, 94 Stat. 2874; 
amended Pub. L. 101-510, div. A, title V, Sec. 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)''.

                  Section Referred to in Other Sections

    This section is referred to in sections 1174, 1370, 3924, 8924 of 
this title.
