---
kind: "section"
citation: "10 U.S.C. § 1186"
title: "10"
title_heading: "Armed Forces"
number: "1186"
heading: "Officer considered for removal: voluntary retirement or discharge"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1186"
units:
  - "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. Officer considered for removal: voluntary retirement or discharge

- (a) At any time during proceedings under this chapter with respect to the [removal](/usc/10/2700.md?p=2) of an [officer](/usc/10/101.md?p=b-1) from [active duty](/usc/10/101.md?p=d-1), the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned may grant a request by the [officer](/usc/10/101.md?p=b-1)—
  - (1) for voluntary retirement, if the [officer](/usc/10/101.md?p=b-1) is qualified for retirement; or
  - (2) for discharge in accordance with [subsection (b)(2)](#b-2).
- (b) An [officer](/usc/10/101.md?p=b-1) removed from [active duty](/usc/10/101.md?p=d-1) under [section 1184 of this title](/usc/10/1184.md) shall—
  - (1) if eligible for voluntary retirement under any provision of law on the date of such [removal](/usc/10/2700.md?p=2), be retired in the [grade](/usc/10/101.md?p=b-7) and with the retired [pay](/usc/10/101.md?p=a-15) 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](/usc/10/2700.md?p=2)—
    - (A) be honorably discharged in the [grade](/usc/10/101.md?p=b-7) then held, in the case of an [officer](/usc/10/101.md?p=b-1) whose case was brought under subsection (a) of [section 1181 of this title](/usc/10/1181.md); or
    - (B) be discharged in the [grade](/usc/10/101.md?p=b-7) then held, in the case of an [officer](/usc/10/101.md?p=b-1) whose case was brought under subsection (b) of [section 1181 of this title](/usc/10/1181.md).
- (c) An [officer](/usc/10/101.md?p=b-1) who is discharged under [subsection (b)(2)](#b-2) is entitled, if eligible therefor, to separation [pay](/usc/10/101.md?p=a-15) under [section 1174(a)(2) of this title](/usc/10/1174.md?p=a-2).

## 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.)

## Notes

### 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.