46-205. VACATION OF COMMISSION — DISCHARGE. Commissions of officers of the national guard shall be vacated upon resignation duly accepted by the governor; for absence without leave for three (3) months; upon the recommendation of an efficiency board approved by the governor as provided by national guard regulations; pursuant to the sentence of a general court-martial after the approval thereof by the governor, imposing sentence of dismissal; or when an officer has been convicted in a civil court of any crime of the grade of felony; upon withdrawal of federal recognition by the secretary of the army or the secretary of the air force; provided, that a formal discharge shall not be given to any officer of the national guard until he or she shall have given a satisfactory clearance for all property belonging to the state or to the United States issued for the use in the military service by the national guard for which he or she is accountable or responsible, or both; and if discharge from the service of the national guard of the state shall be given before such satisfactory clearance for the responsibility of said property has been given, then such discharge shall be and is hereby declared null and void.
History:
[(46-205) 1927, ch. 261, sec. 27, p. 510; am. 1931, ch. 186, sec. 4, p. 310; I.C.A., sec. 45-205; am. 1939, ch. 50, sec. 3, p. 91; am. 1957, ch. 174, sec. 19, p. 312; am. 2022, ch. 144, sec. 3, p. 517.]
Structure Idaho Code
Title 46 - MILITIA AND MILITARY AFFAIRS
Chapter 2 - OFFICERS AND ENLISTED PERSONNEL
Section 46-201 - OFFICERS — WARRANT OFFICERS — ENLISTMENT OF PERSONNEL — POWER OF GOVERNOR.
Section 46-202 - COMMISSIONED OFFICERS — APPOINTMENT AND COMMISSION — OATH — TEMPORARY APPOINTMENTS.
Section 46-203 - RANK OF OFFICERS.
Section 46-204 - PROMOTION, WHEN EFFECTIVE.
Section 46-205 - VACATION OF COMMISSION — DISCHARGE.
Section 46-206 - RETIREMENT — TIME OF SERVICE.
Section 46-210 - ENLISTMENT — CONTRACT AND OATH.
Section 46-211 - ENLISTMENT — PERIOD AND REQUIREMENTS — REENLISTMENT.
Section 46-212 - ENLISTED PERSONNEL — DISCHARGE PAPERS.
Section 46-213 - ENLISTED PERSONNEL — TRANSFERS.
Section 46-215 - ACCOUNTING FOR PROPERTY UPON DISCHARGE.
Section 46-216 - LEAVE OF ABSENCE FROM REGULAR DUTIES FOR MILITARY DUTY.
Section 46-224 - ENTITLED TO RESTORATION OF POSITION AFTER LEAVE OF ABSENCE FOR MILITARY TRAINING.
Section 46-226 - NONCOMPLIANCE OF EMPLOYER ENTITLING EMPLOYEE TO DAMAGES OR EQUITABLE RELIEF.