Title 38, Chapter 2, Section 216
( 38-2-216)
Efficiency and medical examining boards appointed by the Governor
are vested with the powers of courts of inquiry and courts-martial.
The boards shall follow the practice and procedure prescribed by
applicable laws of the United States and the state and the
regulations issued thereunder. Any officer ordered to appear before
such a board shall be allowed to appear in person or by counsel, to
cross-examine witnesses, and to call witnesses in 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 examining board shall be
sufficient ground for a finding by the board that the officer
ordered to appear should be discharged. If the findings of the board
are unfavorable to an officer and are approved as provided by
applicable laws of the United States or by the Governor, the
Governor shall relieve the officer from duty and shall give him a
discharge in such form as may be appropriate; provided, however,
that if the discharge of an officer is recommended solely because of
physical inability to perform active service, the officer may be
transferred to the state reserve list or the state retired list in
accordance with this chapter. |