U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 60— SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD PERFORMANCE OF DUTY OR FOR CERTAIN OTHER REASONS

10 U.S.C. § 1186

Officer considered for removal: voluntary retirement or discharge

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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 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.)Editorial NotesAmendments

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

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1998–2024 · leading case: Robert W. Clary, Jr. v. United States, 333 F.3d 1345 (Fed. Cir. 2003).
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Robert W. Clary, Jr. v. United States, 333 F.3d 1345 (Fed. Cir. 2003). · cites it 13× “Clary’s record to show that he was retired under 10 U.S.C. § 1186 (b)(1); and granting Mr.”
Clary v. United States, 52 Fed. Cl. 390 (Fed. Cl. 2002). · cites it 6× “Plaintiff argues that under Section 4403 of the FY94 National Defense Authorization Act, the so-called Temporary Early Retirement Authority (TERA), he should have been retired because it lowered retirement eligibility to fifteen years.”
Davis v. United States, 589 F.3d 861 (6th Cir. 2009). “See 10 U.S.C. § 1186 and § 1293. He appeals the District Court’s dismissal of his claim as time-barred under the applicable six-year statute of limitations.”
Marin v. United States, 41 Fed. Cl. 129 (Fed. Cl. 1998). “10 U.S.C. § 1186 (b)(1) states that an officer recommended for removal from active duty will be retired, not discharged, if eligible for retirement.”
Carlborg v. United States (Fed. Cir. 2024). · cites it 2× “Carlborg contends that the USMC violated 10 U.S.C. § 1186 (a) and Secretary of the Navy Instruction (SECNAVINST) 1920.”
Eugene Davis v. United States (6th Cir. 2009). “See 10 U.S.C. § 1186 and § 1293. He appeals the District Court’s dismissal of his claim as time-barred under the applicable six-year statute of limitations.”
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