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Current as of January 01, 2024 | Updated by Findlaw Staff
A commission in the national guard may be vacated:
1. At any time when it is determined by an efficiency board as provided by federal regulation that the officer holding the commission is no longer fit for service by reason of the officer's moral character, capacity, or general fitness for service;
2. By resignation of the officer holding the commission;
3. By the absence of the officer without leave for a period of three months; or
4. Pursuant to the sentence of a court-martial.
Officers of the national guard who are rendered superfluous by the disbandment of their organization must be disposed of as provided by federal law. An officer, upon application therefor, may be placed in the reserve in such manner as may be authorized by federal law.
Cite this article: FindLaw.com - North Dakota Century Code Title 37. Military § 37-04-15. Vacating commissions--Acquisition of reserve status - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-37-military/nd-cent-code-sect-37-04-15/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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