58-1-218 - Officers Termination of appointments.
58-1-218. Officers Termination of appointments.
The appointment of a national guard officer will be terminated and the officer's state recognition withdrawn for the following causes and reasons, and none other:
(1) Death;
(2) Attainment of maximum ages as prescribed in federal law. Nothing in parts 1, 2 and 4-6 of this chapter shall be construed to give any officer the assurance of serving until the officer has reached the maximum age, the maximum age being merely definitive of the maximum age to which the officer may serve if the officer's recognition is not withdrawn for other causes enumerated in this section. The appointment of any army medical department (AMMED) officer may be extended by the governor or the adjutant general if the officer can continue to serve as a federally recognized member of the reserve components under applicable federal law or the rules and regulations of the national guard bureau of the United States. The adjutant general may, in the adjutant general's sole discretion, extend the termination of any warrant officer to the last day of the month in which the officer reaches age sixty-two (62);
(3) Withdrawal of federal recognition. Whenever an officer is terminated or the officer's federal recognition is withdrawn by the valid action of the federal government, including terminations as a result of the application of the Reserve Officer's Personnel Act, as amended, such action will operate to terminate the officer's state appointment and as a withdrawal of the officer's state recognition;
(4) Pursuant to the finding of efficiency and medical boards as provided for in §§ 58-1-215, 58-1-216;
(5) Resignation;
(6) Absence without leave for three (3) months;
(7) Failure, without justification, to complete a year of satisfactory federal service;
(8) Conviction of any crime involving moral turpitude;
(9) The acceptance of an appointment, or the enlistment, in any of the other military services of the United States;
(10) Induction into active military service under the Universal Military Training and Service Act, as amended;
(11) When it has been determined that the officer is subversive or disloyal;
(12) In the case of a chaplain, when ecclesiastical endorsement is withdrawn by the church of the officer's faith;
(13) In the case of an officer of the medical or dental corps, when the officer's license or right to practice such officer's profession has been terminated by proper authority;
(14) In the case of an officer of the judge advocate general's corps, when by action of appropriate authorities, the officer is refused the privilege of practicing law, or that privilege is withdrawn; or
(15) In the case of general officers, their appointments may also be terminated and their state recognition withdrawn under § 58-1-220.
[Acts 1970, ch. 596, § 37; 1973, ch. 353, § 1; 1978, ch. 787, § 1; T.C.A., § 7-134; Acts 1993, ch. 69, § 1; 2007, ch. 23, § 1.]