North Dakota Code 37-04-15 – Vacating commissions – Acquisition of reserve status
A commission in the national guard may be vacated:
Terms Used In North Dakota Code 37-04-15
- National guard: means that part of the military forces of this state which is organized, equipped, and federally recognized under the provisions of the National Defense Act, as amended, of the United States as the "national guard, air national guard, of the United States and the state of North Dakota". See North Dakota Code 37-01-01
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
1. At any time when it is determined by an efficiency board as provided by federal regulation that the officer holding the commission is no longer fit for service by reason of the officer’s moral character, capacity, or general fitness for service; 2. By resignation of the officer holding the commission; 3. By the absence of the officer without leave for a period of three months; or
4. Pursuant to the sentence of a court-martial.
Officers of the national guard who are rendered superfluous by the disbandment of their organization must be disposed of as provided by federal law. An officer, upon application therefor, may be placed in the reserve in such manner as may be authorized by federal law.