10-1-205. Vacating commissions or warrants. The commission or warrant of an officer shall be vacated:
     (1) upon acceptance by the governor of the resignation of the officer; or
     (2) by an order of the governor discharging the officer:
     (a) for failure to maintain his qualifications for federal recognition;
     (b) upon the scheduled or actual termination or withdrawal of his federal recognition where federal recognition is a prerequisite for continued service;
     (c) upon a change in federal reserve status which makes him ineligible to continue assigned to a unit of the organized militia;
     (d) for his absence from duty without leave for more than 3 months; or
     (e) upon the recommendation of a board of examination or the sentence of a court-martial.

     History: En. 77-1705 by Sec. 35, Ch. 94, L. 1974; amd. Sec. 9, Ch. 49, L. 1977; R.C.M. 1947, 77-1705.