A. Upon expiration of the term of service for which appointed or enlisted, a member of the state defense force shall be entitled to a discharge; provided that no member shall be discharged by reason of expiration of his term of service while in the active service of the state.
B. A member of the state defense force may be dismissed or discharged prior to the expiration of his term of service by sentence of a court-martial or for misconduct, inefficiency, unsatisfactory participation, personal hardship; or for such other cause as the adjutant general finds and the governor approves. Discharge proceedings shall, as nearly as practicable, follow the laws, rules and procedures prescribed for the army national guard.
C. Discharge certificates shall reflect the character of the member's service. They shall conform as closely as practicable to discharge certificates of the army national guard.
History: 1978 Comp., § 20-5-8, enacted by Laws 1987, ch. 318, § 39.
Am. Jur. 2d, A.L.R. and C.J.S. references. — What circumstances constitute laches barring federal judicial review of allegedly wrongful discharge from military service, 100 A.L.R. Fed. 821.
Structure 2021 New Mexico Statutes
Article 5 - State Defense Force
Section 20-5-1 - New Mexico state defense force established; not in federal service; definitions.
Section 20-5-3 - Composition; enlistment; appointment.
Section 20-5-4 - Administration of oaths.
Section 20-5-5 - Standing cadre; composition of units.
Section 20-5-6 - Uniform; rank precedence and command.
Section 20-5-8 - Discharge; dismissal.
Section 20-5-9 - Arms and equipment; facilities.
Section 20-5-11 - Members not liable for acts in performance of duty.
Section 20-5-13 - Discrimination prohibited; penalty.
Section 20-5-14 - Military leave.
Section 20-5-15 - Exemptions; process; uniforms and equipment.
Section 20-5-16 - State defense force; workers' compensation; cadre duty.