ART. 65] RETIRED OFFICERS. 1495

1908, ch. 103, sec. 42. 1910, ch. 204, sec. 42 (p. 196).
41. There shall be a retired list, to be known and designated as the
"Maryland National Guard, Retired," and the officers placed thereon
as herein provided shall be authorized to wear their uniforms and
equipments upon all military occasions and occasions of ceremony.
They will wear the insignia of their grade, but not the designation of
the particular organization to which they belonged when in the Mary-
land National Guard. Retired officers upon said list shall be amenable
to court-martial for military offenses to the same extent as officers on
the active list of the Maryland National Guard. Any officer of the
National Guard who has reached the age of sixty-four years may be
placed upon the retired list by the governor. Any commissioned officer
who shall have served in the military service of the State for fifteen
years may, upon his own request, be placed upon the retired list and
withdrawn from active service and command by the governor. Any
commissioned officer who has become, or shall hereafter become, dis-
abled and thereby incapable of performing the duties of his office shall
be withdrawn from active service and command and placed on the
retired list. Any commissioned officer who has become, or shall here-
after become, unfit or incompetent and thereby incapable of perform-,
ing the duties of his office, shall be discharged upon the recommenda-
tion of his commanding officer, or, upon the recommendation of an
inspecting officer; such retirement or discharge shall be by order of the
governor, and in either case shall be subject to provisions of this sec-
tion. Before making such order a board of not less than three
commissioned officers, one of whom shall be a surgeon, shall be ap-
pointed whose duty it shall be to determine the facts as to the nature
and cause of incapacity of such officer as appears disabled or unfit or
incompetent from any cause to perform military service, and whose
case shall be referred to it. No officer whose grade or promotion would
be affected by the decision of such board in any case that may come
before it shall participate in the examination or decision of the board
in such case. Such board is hereby invested with the powers of courts
of inquiry and courts-martial, and whenever it finds an officer incapac-
itated for active service, shall report such fact to the governor, stating
cause of incapacity, whether from disability, unfitness or incompe-
tence; and if he approves such findings, such officer shall be placed on
the retired list or discharged, as provided for in this section. The
members of the board shall, before entering upon the discharge of their
duties, be sworn to an honest and impartial performance of their
duties as members of such board. No officer shall be placed upon the
retired list or discharged by the action of such board before having had
a full and fair hearing before the board, if upon due notice he shall
demand it. It shall not be necessary to refer any case for the action of
such board arising under this section, unless the officer designated to be
placed upon the retired list or discharged shall within twenty days
after being notified that he will be so retired or discharged serve on the
95