26-162. Discharge of officer; grounds and procedure
A commissioned or warrant officer of the national guard may be discharged for any of the following reasons and in the manner prescribed:
1. By voluntary resignation whereby the officer submits to the adjutant general a letter of resignation setting forth his reasons for separation from the service. The resignation shall not be accepted if separation is not justified by appropriate regulations of the national guard, army or air force of the United States, or if the officer is under arrest or being investigated preparatory to preferring charges against him, or until all property and money of the state or the United States charged to him or in his possession or care has been inventoried and an accounting made therefor.
2. By findings of a court-martial called for the purpose of trying the officer for a military offense, or in time of war or emergency for an offense both civil and military. The sentence shall not be executed until approved by the governor.
3. By order of the governor upon a finding by a board of officers that the officer to be separated from the service is inefficient and incapable of discharging the duties of a national guard officer in any assignment commensurate with his rank and experience, and upon the written request of the immediate superior of the officer to be separated. The board of officers shall be appointed by the adjutant general, and shall consist of officers of equal or senior rank to the officer to be separated.
4. By absence without leave for a period of thirty days.
5. By failure to pass a final type physical examination prescribed for officers of his grade and branch.
Structure Arizona Revised Statutes
Title 26 - Military Affairs and Emergency Management
§ 26-102 - Powers and duties of the adjutant general
§ 26-104 - Assistant adjutants general; appointment; qualifications
§ 26-105 - Border security fund; exemption; reimbursement
§ 26-106 - Anti-human trafficking grant fund
§ 26-121 - Composition of militia; persons exempt
§ 26-122 - Components of militia
§ 26-123 - Maintenance of private troops prohibited; violation; classification
§ 26-126 - Violations; classifications
§ 26-152 - National guard fund; camp Navajo fund
§ 26-153 - Morale, welfare and recreational fund; sources of monies; exemptions
§ 26-154 - Organizational structure of national guard
§ 26-155 - Enlistment; appointment of officers
§ 26-157 - Officer's uniform allowances
§ 26-158 - State active duty; employment benefits; travel allowances
§ 26-159 - Powers of commanding officers; defense of officer to action based on act or omission
§ 26-160 - Oaths or affirmations
§ 26-161 - Retirement; retention of commission after withdrawal of federal recognition
§ 26-162 - Discharge of officer; grounds and procedure
§ 26-163 - Discharge of enlisted personnel; grounds; type of discharge
§ 26-168.01 - Excused military absences; higher education: definition
§ 26-170 - Unauthorized wearing of uniform; rank insignia; violation; classification
§ 26-173 - Payment of mobilization expenses
§ 26-174 - Arizona state guard; establishment; purpose; appropriations
§ 26-175 - Active duty tours for volunteers during peace time
§ 26-176 - Premiums on bonds of national guard officers
§ 26-177 - Opinions of attorney general
§ 26-178 - Illegal possession of equipment; classification
§ 26-179 - Tuition and fees reimbursement; eligibility; exemption
§ 26-180 - Application for tuition and fees reimbursement; times
§ 26-181 - Evaluation of applications; payment of tuition and fees reimbursement; report
§ 26-203 - Actions or proceedings against members of military courts prohibited
§ 26-205 - Duty of civil officers to execute process of military court
§ 26-208 - Time and place of confinement; payment of fine and disposition
§ 26-232 - Protection of property
§ 26-234 - Property and disbursing officer; appointment; duties
§ 26-251 - Acquisition of lands by United States for military purposes
§ 26-253 - Power of state to serve process upon land ceded United States for military purposes
§ 26-261 - Military affairs commission; confidential discussions and information; definition
§ 26-263 - Appropriations; purposes; exemption
§ 26-302 - General powers of governor
§ 26-304 - State emergency council; membership; powers and duties; definition
§ 26-305.01 - Nuclear emergency plan; duties of division and director
§ 26-305.03 - Electromagnetic pulse preparedness recommendations; posting; definition
§ 26-306 - Powers and duties of the director of emergency management
§ 26-306.01 - Assessment on commercial nuclear generating stations
§ 26-306.02 - Nuclear emergency management fund; exemption; appropriation reduction
§ 26-308 - Powers of local government; local emergency management establishment; organization
§ 26-309 - Mutual aid; responsibilities of agencies and officials; agreements; definition
§ 26-310 - Use of professional skills
§ 26-312 - Authority of executive officers and governing bodies to accept materials or funds
§ 26-313 - Reimbursement to state agencies; use of state agency resources
§ 26-315 - Political activities prohibited
§ 26-316 - Enforcement of orders, rules and regulations
§ 26-317 - Violation; classification
§ 26-319 - Commercial nuclear generating station; emergency planning zone; recording
§ 26-320 - First informer broadcasters; training and certification; access; definitions
§ 26-403 - Emergency management assistance compact revolving fund; purpose; exemption
§ 26-404 - Deployment of private sector workers to affected states; liability protection; definition
§ 26-1002 - Persons subject to the code
§ 26-1003 - Jurisdiction to try personnel
§ 26-1004 - Dismissed officer's right to trial by court-martial
§ 26-1005 - Territorial applicability
§ 26-1006 - State judge advocate; staff judge advocates
§ 26-1008 - Apprehension of deserters
§ 26-1009 - Authority to order arrest
§ 26-1010 - Restraint of persons charged with offenses
§ 26-1011 - Receiving of prisoners at civilian correction facility; statement
§ 26-1013 - Punishment before trial; prohibition
§ 26-1014 - Delivery of offenders to civil authorities
§ 26-1015 - Commanding officer; nonjudicial punishments; appeal
§ 26-1016 - Courts-martial; classifications
§ 26-1017 - Jurisdiction of courts-martial; in general
§ 26-1018 - Jurisdiction of general courts-martial
§ 26-1019 - Jurisdiction of special courts-martial
§ 26-1020 - Jurisdiction of summary courts-martial
§ 26-1021 - Jurisdiction of courts-martial not exclusive
§ 26-1022 - Convening of general courts-martial
§ 26-1023 - Convening of special courts-martial
§ 26-1024 - Convening of summary courts-martial
§ 26-1025 - Service on courts-martial
§ 26-1026 - Military judge of a general or special court-martial
§ 26-1027 - Detail of trial counsel and defense counsel
§ 26-1028 - Detail or employment of reporters and interpreters
§ 26-1029 - Absent and additional members
§ 26-1030 - Charges and specifications
§ 26-1031 - Compulsory self-incrimination; prohibition
§ 26-1033 - Forwarding of charges
§ 26-1034 - Advice of staff judge advocate; reference for trial
§ 26-1035 - Service of charges
§ 26-1036 - Governor's rule making authority
§ 26-1037 - Unlawfully influencing action of court
§ 26-1038 - Duties of trial counsel and defense counsel
§ 26-1043 - Statute of limitations
§ 26-1045 - Pleas of the accused
§ 26-1046 - Opportunity to obtain witnesses and other evidence
§ 26-1047 - Refusal to appear or testify
§ 26-1050 - Admissibility of records of courts of inquiry
§ 26-1051 - Voting and rulings
§ 26-1052 - Number of votes required
§ 26-1053 - Announcement of action
§ 26-1055 - Sentences; reduction in enlisted grade on approval
§ 26-1057 - Effective date of sentences
§ 26-1058 - Execution of confinement
§ 26-1059 - Error of law; lesser included offense
§ 26-1060 - Action by the convening authority
§ 26-1061 - Withdrawal of appeal
§ 26-1062 - Appeal by the state
§ 26-1064 - Review by judge advocate
§ 26-1065 - Disposition of records
§ 26-1067 - Court of military appeals; members; terms; compensation; duties; review; procedures
§ 26-1070 - Appellate counsel; civilian counsel
§ 26-1071 - Suspension of sentence
§ 26-1072 - Vacation of suspension
§ 26-1073 - Petition for a new trial
§ 26-1074 - Remission and suspension
§ 26-1076 - Finality of proceedings, findings and sentences
§ 26-1078 - Accessory after the fact
§ 26-1079 - Conviction of lesser included offense
§ 26-1083 - Fraudulent enlistment, appointment or separation
§ 26-1084 - Unlawful enlistment, appointment or separation
§ 26-1086 - Absence without leave
§ 26-1088 - Contempt toward officials
§ 26-1089 - Disrespect toward superior commissioned officer
§ 26-1090 - Assaulting or willfully disobeying superior commissioned officer
§ 26-1091 - Insubordinate conduct toward warrant officer or noncommissioned officer
§ 26-1092 - Failure to obey order or rule
§ 26-1093 - Cruelty and maltreatment
§ 26-1094 - Mutiny or sedition
§ 26-1095 - Resistance, breach of arrest and escape
§ 26-1096 - Releasing prisoner without proper authority
§ 26-1097 - Unlawful detention
§ 26-1098 - Noncompliance with procedural rules
§ 26-1099 - Misbehavior in time of public danger; definition
§ 26-1103 - Captured or abandoned property
§ 26-1107 - False official statements
§ 26-1108 - Military property; loss, damage, destruction or wrongful disposition
§ 26-1109 - Property other than military property; waste, spoilage or destruction
§ 26-1110 - Improper hazarding of vessel or aircraft
§ 26-1111 - Drunken or reckless driving
§ 26-1113 - Misbehavior of sentinel or lookout
§ 26-1116 - Riot or breach of peace
§ 26-1117 - Provoking speeches or gestures
§ 26-1118 - Wrongful use and possession of controlled substances
§ 26-1121 - Larceny and wrongful appropriation
§ 26-1124 - Making, drawing or uttering check, draft or order without sufficient monies; definition
§ 26-1132 - Frauds against the United States
§ 26-1133 - Conduct unbecoming an officer and a gentleman
§ 26-1134 - General misconduct
§ 26-1137 - Articles; explanation
§ 26-1138 - Complaints of wrongs