New York Consolidated Laws, Military Law - MIL § 76. Efficiency or fitness examining boards and medical examining boards; procedure

Efficiency or fitness examining boards and medical examining boards appointed by the governor are hereby vested with the powers and immunities of courts of inquiry and courts-martial. Such boards shall follow the practice and procedure prescribed by regulations issued pursuant to this chapter. Any officer ordered to appear before such a board shall be allowed to appear in person or by counsel, if provided by him at his own expense, to cross-examine witnesses and to call witnesses on his behalf. He shall at all stages of the proceeding be allowed full access to records pertinent to his case and be furnished with copies of the same. Failure to appear before any such board shall be sufficient ground for a finding by such board that the officer ordered to appear be discharged. If the findings of any board appointed by the governor or under applicable laws and regulations of the United States are unfavorable to an officer and are approved as provided by applicable laws and regulations of the state or United States, the governor shall relieve the officer from duty and may discharge him in such manner and form as the governor may deem appropriate; or, in the discretion of the governor, such officer may be transferred to the state reserve list or the state retired list in accordance with the provisions of this chapter.