10-1-205. Vacating commissions or warrants. The commission or warrant of an officer must 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 the officer's qualifications for federal recognition;
     (b) upon the scheduled or actual termination or withdrawal of the officer's federal recognition when federal recognition is a prerequisite for continued service;
     (c) upon a change in federal reserve status that makes the officer ineligible for continued assignment to a unit of the organized militia;
     (d) for the officer's absence from duty without leave for more than 3 months;
     (e) upon the recommendation of a board of examination or the sentence of a court-martial;
     (f) upon conviction of a felony; or
     (g) upon final sentencing to confinement in a federal or state penitentiary or correctional institution as defined in 45-2-101.

     History: En. 77-1705 by Sec. 35, Ch. 94, L. 1974; amd. Sec. 9, Ch. 49, L. 1977; R.C.M. 1947, 77-1705; amd. Sec. 1, Ch. 28, L. 2005.