New York Consolidated Laws, Military Law - MIL § 75. Efficiency or fitness examining boards and medical examining boards

1. The efficiency, moral character, conduct and general fitness for retention in the organized militia of any commissioned officer may be investigated, examined into and determined by an efficiency or fitness examining board. The members of an efficiency or fitness examining board shall be senior in rank to the officer under investigation unless unavoidable.

2. The physical fitness for further service of any commissioned officer in the organized militia may be investigated and determined by a medical examining board of officers.

3. Efficiency or fitness examining boards and medical examining boards shall be appointed by the governor upon the recommendation of the adjutant general; provided, that whenever an examining board shall be appointed for the purpose of determining the fitness of any officer for continued federal recognition, such board shall be appointed by the commander designated, and shall follow the practice and procedure prescribed in the applicable laws of the United States and the regulations issued thereunder.