14 USC 2164 – Officers considered for removal; retirement or discharge; separation benefits
(a) At any time during proceedings under section 2159 or 2160 of this title, and before the removal of an officer, the Secretary may grant a request—
(1) for voluntary retirement, if the officer is otherwise qualified therefor; or
(2) for discharge with separation benefits under section 2146(c) of this title.
Terms Used In 14 USC 2164
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
(b) Each officer removed from active duty under section 2163 of this title shall—
(1) if on the date of removal the officer is eligible for voluntary retirement under any law, be retired in the grade for which he would be eligible if retired at his request; or
(2) if on that date the officer is ineligible for voluntary retirement under any law, be honorably discharged with separation benefits under section 2146(c) of this title, unless under regulations promulgated by the Secretary the condition under which the officer is discharged does not warrant an honorable discharge.