26-162. Discharge of officer; grounds and procedure

A commissioned or warrant officer of the national guard may be discharged for any of the following reasons and in the manner prescribed:

1. By voluntary resignation whereby the officer submits to the adjutant general a letter of resignation setting forth his reasons for separation from the service. The resignation shall not be accepted if separation is not justified by appropriate regulations of the national guard, army or air force of the United States, or if the officer is under arrest or being investigated preparatory to preferring charges against him, or until all property and money of the state or the United States charged to him or in his possession or care has been inventoried and an accounting made therefor.

2. By findings of a court-martial called for the purpose of trying the officer for a military offense, or in time of war or emergency for an offense both civil and military. The sentence shall not be executed until approved by the governor.

3. By order of the governor upon a finding by a board of officers that the officer to be separated from the service is inefficient and incapable of discharging the duties of a national guard officer in any assignment commensurate with his rank and experience, and upon the written request of the immediate superior of the officer to be separated. The board of officers shall be appointed by the adjutant general, and shall consist of officers of equal or senior rank to the officer to be separated.

4. By absence without leave for a period of thirty days.

5. By failure to pass a final type physical examination prescribed for officers of his grade and branch.