(a) A commissioned officer of the national guard may tender resignation at any time to the governor. If the governor shall accept the resignation, the officer shall receive an honorable discharge; if the officer tendering the resignation shall be under arrest or if charges have been preferred against the officer for the commission of an offense punishable by a court-martial, the governor shall await the outcome of such charges and then issue or cause to be issued such a discharge in such form as may be indicated.

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Terms Used In Tennessee Code 58-1-217

  • Arrest: Taking physical custody of a person by lawful authority.
  • commissioned officer: means commissioned or warrant officer. See Tennessee Code 58-1-102
  • National guard: means the army national guard and the air national guard. See Tennessee Code 58-1-102
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) Enlistment in the regular army, air force, navy, marine corps or coast guard of the United States shall be deemed a resignation by the person so enlisted of all commissions held in the military forces of this state.
(c) No officer shall be discharged or permitted to resign until having accounted for all military funds or property entrusted to the officer’s care.