33-5-11. Conditions for discharge before expiration of enlistment.
In time of peace, no enlisted member of the National Guard may be discharged before the expiration of the member's period of enlistment, except:
(1)By order of the President or secretary of defense;
(2)By sentence of a general court-martial;
(3)By direction of the Governor on account of disability, on account of sentence of imprisonment by civil court, on account of a bona fide permanent change of residence to another state or territory, or as provided for by regulations established by the secretary of defense;
(4)In compliance with an order of one of the United States courts on writ of habeas corpus.
Source: SL 1887, ch 100, §34; CL 1887, §1950; RPolC 1903, §2489; SL 1913, ch 267, §33; SL 1917, ch 297, §35; RC 1919, §10592; SDC 1939, §41.0144; SL 2007, ch 187, §57.
Structure South Dakota Codified Laws
Chapter 05 - National Guard Enlisted Members
Section 33-5-1 - Qualifications and procedures for enlistment.
Section 33-5-10 - Change of residence within state.
Section 33-5-11 - Conditions for discharge before expiration of enlistment.
Section 33-5-15.1 - Failure to return military property as theft.
Section 33-5-17 - Discharges subject to state and federal law.