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474 MILITIA. [ART. LXV
1916, ch. 311, sec. 31.
29. Commissions of officers may be vacated upon resignation, ab-
sence without leave for three months, upon the recommendation of an
efficiency board, or pursuant to sentence of a court-martial, or upon the
mustering out or disbandment of his organization.
1916, ch. 311, sec. 32.
30. A commissioned officer tendering his resignation before having
served five years, if the Governor shall accept it, shall receive an honor-
able discharge. If he has served five years or more he shall receive a
full and honorable discharge, provided he shall not be under arrest or
return to a military court for any deficiency or delinquency; and, pro-
vided further, he be not indebted to the State in any manner, and that
Ms accounts for money or for public property be correct. In comput-
ing the time served, service as an enlisted man shall be allowed, and the
service is not required to be continuous. If the Governor accept the
resignation of an officer who at the time shall be under arrest, under
charges, or returned to a military court for any offense, deficiency or
delinquency, such officer shall then cease to be an officer of the National
Guard, and shall receive a discharge in such form as the Governor shall
direct; nor shall he again be eligible to receive a commission unless he
first re-enlist as provided in this Article in the case of men dishonorably
discharged, and until he shall have performed at least sixty per cent of
duty in each year under such enlistment for two successive years.
1916, ch. 311, sec. 33.
31. The Governor may prescribe rules and regulations which will
govern the organization of an officers' reserve corps for this State, which
shall be composed of former officers of the Regular Army, Marine
Corps, Navy, National Guard, former non-commissioned officers of the
Regular Army, National Guard, and graduates from military depart-
ments of institutions where regular officers are detailed as instructors:
Provided: That in time of peace, when the National Guard participates
at encampments, maneuvers, or other exercises for field or coast defense
instruction, officers of the reserve list of appropriate rank may, at the
discretion of the Governor, be assigned to duty with organizations to fill
the places of officers who may be absent therefrom, and when so assigned
they shall be entitled to the same pay and allowances as members of the
National Guard of similar grades: Provided further, That the officers'
reserve corps shall constitute a part of the National Guard, and the
members thereof shall be subject to being called into the service of the
United States or being ordered into active service as a part of the
Army of the United States for the purpose of filling vacancies in the
commissioned personnel therein.*
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*The act of 1916, chapter 660, authorizes the Governor to commission the
members of the faculty of St. John's College as officers in the national guard.
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