|
|
|
|
|
|
|
476 MILITIA. [ART. LXV
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 incapacitated for active service shall report such fact
to the Governor, stating cause of incapacity, whether from disability,
unfitness or incompetence; 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 perform-
ance 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 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 Bri-
grade 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 Naval Brigade. Vacancies created by the operation of this section
shall be filled in the same manner as other vacancies.
See section 88.
1916, ch. 311, sec. 36.
34. The Governor may, upon the request of the commanding officer
of any organization, approved by the Brigade Commander or the Com-
mander of the Naval Brigade, detail officers on the retired list, unas-
signed or reserve list for active duty, in which case they shall rank in
their grade from the date of such detail, and he may relieve them from
such duty and return them at his discretion.
1916, ch. 311, sec. 37.
35. The Governor may, upon the recommendation of their com-
manding officers (approved by the Brigade Commander) or Commander
of the Naval Brigade, confer brevet commissions of a grade next higher
than the ordinary commission held by them upon officers of the National
Guard in active service for gallant conduct or meritorious service. He
may also confer upon officers in active service in the National Guard,
|
|
|
|
|
|
|
|
 |
