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10 U.S.C. § 1186 — Officer considered for removal: voluntary retirement or discharge

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1184&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1181&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1181&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174/a/2&num=0&edition=prelim).

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Stable record: federal_law:legal_authorities:record_usc_817502489de3433739c7f76b
Source file: Laws/federal/codes/united-states-code/title-10/section-1186-officer-considered-for-removal-voluntary-retirement-or-discharge--176bb711a3.md
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Passage SHA-256: a594f2f82757193b6ff0f2343c10a45fa91ab3bff7b1abbc2a06d0a94866cd01

Source location: Title 10, Chapter 60, § 1186; chapter-060-separation-of-regular-officers-for-substandard-performance-of-duty-or-for-certain-other-reasons.md

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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1184&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1181&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1181&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174/a/2&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1184 — Removal of officer: action by Secretary upon recommendation of board of inquiry

The Secretary of the military department concerned may remove an officer from active duty if the removal of such officer from active duty is recommended by a board of inquiry convened under [section 1182 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1182&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1184

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1181 — Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons

**(a)** Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a commissioned warrant officer or a retired officer) of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Space Force to determine whether such officer shall be required, because his performance of duty has fallen below standards prescribed by the Secretary of Defense, to show cause for his retention on active duty. **(b)** Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the military department concerned shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a commissioned warrant officer or a retired officer) of the Regular Army, Regular Navy, Regular Air Force, Regular Marine Corps, or Regular Space Force to determine whether such officer should be required, because of misconduct, because of moral or professional dereliction, or because his retention is not clearly consistent with the interests of national security, to show cause for his retention on active duty.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1181

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3786 — Use or release restriction: definition

In this subchapter, the term “use or release restriction”, with respect to technical data delivered to the United States under a contract subject to this section, means a restriction by the contractor or subcontractor on the right of the United States— (1) to use such technical data; or (2) to release or disclose such technical data to persons outside the Government or permit the use of such technical data by persons outside the Government.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3786

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3794 — Release of technical data under Freedom of Information Act: recovery of costs

**(a) In General.—** (1) The Secretary of Defense shall, if required to release technical data under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) (relating to the Freedom of Information Act), release such technical data to the person requesting the release if the person pays all reasonable costs attributable to search, duplication, and review. (2) The Secretary of Defense shall prescribe regulations, pursuant to notice and receipt of public comment, specifying a uniform schedule of fees under this section. **(b) Crediting of Receipts.—** An amount received under this section— (1) shall be retained by the Department of Defense or the element of the Department of Defense receiving the amount; and (2) shall be merged with and available for the same purpose and the same time period as the appropriation from which the costs incurred in complying with requests for technical data were paid. **(c) Waiver.—** The Secretary of Defense shall waive the payment of costs required by subsection (a) which are in an amount greater than the costs that would be required for such a release of information under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) if— (1) the request is made by a citizen of the United States or a United States corporation, and such citizen or corporation certifies that the technical data requested is required to enable such citizen or corporation to submit an offer or determine whether it is capable of submitting an offer to provide the product to which the technical data relates to the United States or a contractor with the United States (except that the Secretary may require the citizen or corporat

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3794

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 7324 — Forty years or more: Army officers

**(a)** Except as provided in [section 1186 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1186&num=0&edition=prelim), a commissioned officer of the Army who has at least 40 years of service computed under [section 7326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7326&num=0&edition=prelim) shall be retired upon his request. **(b)** Any warrant officer of the Army who has at least 40 years of service computed under [section 7326(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7326/a&num=0&edition=prelim) shall be retired upon his request.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7324

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8782 — Naval and Marine Corps Historical Centers: fee for providing historical information to the public

**(a) Authority.—** Except as provided in subsection (b), the Secretary of the Navy may charge a person a fee for providing the person with information from the United States Naval Historical Center or the Marine Corps Historical Center that is requested by that person. **(b) Exceptions.—** A fee may not be charged under this section— (1) to a person for information that the person requests to carry out a duty as a member of the armed forces or an officer or employee of the United States; or (2) for a release of information under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim). **(c) Limitation on Amount.—** A fee charged for providing information under this section may not exceed the cost of providing the information. **(d) Retention of Fees.—** Amounts received under subsection (a) for providing information from the United States Naval Historical Center or the Marine Corps Historical Center in any fiscal year shall be credited to the appropriation or appropriations charged the costs of providing information to the public from that historical center during that fiscal year. **(e) Definitions.—** In this section: (1) The term “United States Naval Historical Center” means the archive for historical records and materials of the Navy that the Secretary of the Navy designates as the primary archive for such records and materials. (2) The term “Marine Corps Historical Center” means the archive for historical records and materials of the Marine Corps that the Secretary of the Navy designates as the primary archive for such records and materials. (3) The terms “officer of the United States” and “employee of the United States” have the meanings given the terms “officer” and “employee”, respec

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8782

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 9324 — Forty years or more: Air Force officers and Space Force officers

**(a)** Except as provided in [section 1186 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1186&num=0&edition=prelim), a commissioned officer of the Air Force or the Space Force who has at least 40 years of service computed under [section 9326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9326&num=0&edition=prelim) shall be retired upon his request. **(b)** Any warrant officer of the Air Force or the Space Force who has at least 40 years of service computed under [section 9326(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section9326/a&num=0&edition=prelim) shall be retired upon his request.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 9324

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1186 — Officer considered for removal: voluntary

Page 1253 TITLE 10—ARMED FORCES § 1187 (3) subject to subsection (c), shall be allowed to appear in person and to be represented by counsel at proceedings before the board of in- quiry; and (4) shall be allowed full access to, and shall be furnished copies of, records relevant to his case, except that the board of inquiry shall withhold any record that the Secretary con- cerned determines should be withheld in the interest of national security. (b) When a record is withheld under subsection (a)(4), the officer whose case is under consider- ation shall, to the extent that the interest of na- tional security permits, be furnished a summary of the record so withheld. (c) The Secretary concerned may determine that, in exceptional circumstances, the appear- ance of an officer before the proceedings of a board of inquiry may be via means other than in person. (Added Pub. L. 96–513, title I, § 110, Dec. 12, 1980, 94 Stat. 2874; amended Pub. L. 118–159, div. A, title V, § 509(a), Dec. 23, 2024, 138 Stat. 1872.) Editorial Notes AMENDMENTS 2024—Subsec. (a)(3). Pub. L. 118–159, § 509(a)(1), sub- stituted ‘‘subject to subsection (c), shall be’’ for ‘‘shall be’’. Subsec. (c). Pub. L. 118–159, § 509(a)(2), added subsec. (c). 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 sec- tion 101 of this title. § 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 concer

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1186

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