ART. 65] MILITIA. 755

service and command by the Governor. Any commissioned officer who
shall have served in the military service of the State for ten years and
who because of change of residence has become incapable of perform-
ing the duties of his office, may, upon the recommendation of the Board
of Examiners, provided for in section 34 of this article, be placed upon
the retired list. Any commissioned officer who has become or shall
hereafter become disabled and thereby incapable of performing the
duties of his office shall be withdrawn from active service and com-
mand and placed on the retired list. Any commissioned officer who has
become or shall hereafter become unfit or incompetent and thereby
incapable of performing the duties of his office shall be discharged
upon the recommendation of his commanding officer or upon the recom-
mendation of an inspecting officer. Such retirement or discharge shall
be bv order of the Governor, and in either case shall be subject to pro-
visions of this section. Before making such order a board of not less
than three commissioned officers, one of whom shall be a surgeon, shall
be appointed, 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 court-martial, and whenever it finds an officer
incapacitated for active service shall report such fact to the Governor,
stating cause of incapacity, whether from disability, unfitness or in-
competence; 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
n 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 desig-
nated 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 Adjutant-General a notice in writing that he demands a
hearing and examination before such boards. Boards shall be appointed
by the Governor for officers above the grade of colonel and captain of
the Naval Brigade, and by the commanding officer of the First Brigade
for officers below the grade of brigadier-general and for officers in the
Naval Brigade below the rank of captain by the commanding officer of
the Naval Brigade. The Governor may withdraw from active service
and command and place upon the retired list any officer who has been
twenty-five years in the active service of the National Guard on the
recommendation of the commanding officer of the First Brigade or