44-33 - Elimination and disposition of officers.
§ 44-33. Elimination and disposition of officers.
At any time the moral character, capacity, and general fitness for theservice of any National Guard officer may be determined by an efficiencyboard of three commissioned officers senior in rank to the officer whosefitness for service shall be under investigation, said board to be appointedby the Adjutant General and convened on his order. If the findings of suchboard be unfavorable to such officer and be approved by the Adjutant General,such officer shall be discharged. Commissions of officers of the NationalGuard may be vacated upon resignation, if approved by the Adjutant General,absence without leave for three months, upon the recommendation of anefficiency board, pursuant to sentence of a court-martial, upon physicaldisqualification, when convicted of a felony in a civil court, when appointedor inducted into the armed forces of the United States, when federalrecognition is withdrawn from such officer or from the unit to whichassigned, upon reaching maximum age limitation, and when it has beendetermined that an officer is subversive or disloyal. Officers of theVirginia National Guard rendered surplus by the disbandment of theirorganization shall be placed in another unit, providing an appropriatevacancy exists, otherwise such officers shall be separated from the VirginiaNational Guard and automatically revert to the reserve.
(1930, p. 954; Michie Code 1942, § 2673(23); 1958, c. 393; 1964, c. 227;1970, c. 662.)