48-2104. (KCMJ Art. 4) Dismissal of officer; right to trial by court-martial.
48-2104
48-2104. (KCMJ Art. 4) Dismissal of officer; right to trial by court-martial.(a) The governor may dismiss any officer by a written order, but no suchwritten order shall be made until 60 days after the governor hasserved on the officer a detailed statement of the reasons for dismissal. Nodismissal shall be made except for misconduct as defined in the punitivearticles of this code. Any officer dismissed by order of the governor may,within 30 days of notice thereof, make a written application fortrial by court-martial, setting forth under oath, that the officer has beenwrongfully dismissed. The governor, upon receipt thereof, shall as soon aspracticable convene a general court-martial to try that officer on thecharges on which the officer was dismissed. A court-martial so convened hasjurisdiction to try the dismissed officer on those charges, and theofficer shall be considered to have waived the right to plead any statuteof limitations applicable to any offense with which the officer is charged. Thecourt-martial may, as part of its sentence,adjudge the affirmance of thedismissal, but if the court-martial acquits the accused or if thesentence adjudged, as finally approved or affirmed, does not includedismissal, the adjutant general shall substitute for the dismissal orderedby the governor a form of discharge authorized for administrative issue.
(b) If the governor fails to convene a general court-martial within 60days from the presentation of an application for trial underthis code, the order of dismissal under subsection (a) is automaticallyrescinded.
(c) If a discharge is substituted for a dismissal under this code, thegovernor alone may reappoint the officer to the same grade and rank as thatformer officer would have attained had the officer not been dismissed. Thereappointment of such a former officer may be made only if a vacancy isavailable under applicable tables of organization. All the time between thedismissal and the reappointment shall be considered as actual service forall state purposes.
(d) If an officer is discharged from the state military forces byadministrative action or by board proceedings under law or is dropped fromthe rolls by order of the governor, the officer has no right to trial underthis section.
History: L. 1972, ch. 203, § 48-2104;L. 1988, ch. 191, § 2; July 1.