10-1-205. Vacating commissions or warrants, MCA

Montana Code Annotated 2019

TITLE 10. MILITARY AFFAIRS AND DISASTER AND EMERGENCY SERVICES

CHAPTER 1. MILITIA

Part 2. Officers of Militia

Vacating Commissions Or Warrants

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.