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38.130 Discharge of officer for unfitness for service.

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38.130 Discharge of officer for unfitness for service. The Governor may order any commissioned officer before an efficiency board consisting <br>of three (3) officers senior in rank to the officer whose fitness for service is under <br>examination. The board shall have the powers of courts of inquiry and courts-martial to <br>subpoena witnesses and produce testimony and shall inquire into the moral character, <br>capacity and general fitness of the commissioned officer. The board shall make a record <br>of all proceedings. If the findings of the board are unfavorable to the officer and are <br>approved by the Governor, he shall be discharged from the service. No officer shall <br>participate in the examination or decision of the board in any case in which the decision <br>would affect his own grade or promotion. Failure to appear when ordered before a board <br>constituted under this section shall be sufficient grounds for a finding of the board that <br>the officer ordered to appear be discharged. History: Amended 1962 Ky. Acts ch. 47, sec. 6. -- Amended 1954 Ky. Acts ch. 98, sec. 9. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from <br>Ky. Stat. sec. 2711a-172.