Section 13-603 - Resignation of officer.

§ 13-603. Resignation of officer.
 

(a)  Honorable discharge.- A commissioned officer of the organized militia tendering a resignation shall receive an honorable discharge if: 

(1) the Governor accepts the resignation; 

(2) the officer is not under arrest or returned to a military court for a deficiency or delinquency; 

(3) the officer is not indebted to the State; and 

(4) the accounts of the officer for money or public property are correct. 

(b)  Qualifications.-  

(1) If the Governor accepts the resignation of an officer who, at the time of the resignation, is under arrest, under charges, or returned to a military court for an offense, deficiency, or delinquency, the officer shall: 

(i) cease to be an officer; and 

(ii) receive a discharge in a form that the Governor directs. 

(2) An officer who resigns under paragraph (1) of this subsection is not eligible to receive a commission unless the officer: 

(i) reenlists; and 

(ii) performs at least 100% of duty in each year of the reenlistment for 2 successive years. 
 

[An. Code 1957, art. 65, § 23; 2003, ch. 5, § 2; 2009, ch. 735, § 2.]