Title 38, Chapter 2, Section 217
( 38-2-217)
(a) A commissioned officer of the organized militia may tender his
resignation at any time to the Governor. If the Governor accepts the
resignation, the officer shall receive an honorable discharge; but,
if the officer tendering his resignation is under arrest or if
charges have been preferred against him for the commission of an
offense punishable by a court-martial, he may be given a discharge
in such form as the Governor may direct. (b) Enlistment in the regular army, air force, navy, marine corps,
or coast guard of the United States shall be deemed a resignation by
the person so enlisting of all commissions in the militia held by
him. (c) The acceptance of a commission in the organized militia shall be
deemed a resignation by the person accepting the same of any other
commission held by him in the militia. (d) Permanent removal from the state of an officer of the organized
militia shall be deemed a resignation. (e) All officers of the organized militia accountable or responsible
for military funds or property who tender their resignations or who
are deemed to have resigned shall be transferred immediately to an
unassigned list pending discharge from such accountability or
responsibility. The transfer shall not relieve the officers of their
liability until they are discharged therefrom as provided by the
laws of the United States and by this chapter and regulations issued
pursuant thereto. |