§ 12-62-104 — Removal - Definition

(a) The Adjutant General of the State of Arkansas shall have the power to remove an officer from the ranks of the Arkansas National Guard if the officer: (1) Is refused federal recognition in the grade and branch to which he or she has applied; (2) Has had federal recognition withdrawn in the grade and branch in which he or she was formerly recognized; or (3) Has had state recognition withdrawn in the grade and branch in which he or she was formerly recognized. (b) The Adjutant General shall adopt reasonable and necessary rules to accomplish this purpose, including without limitation a rule outlining the process required to have an officer's state recognition withdrawn as provided under subdivision (a)(3) of this section that is similar to the process for the withdrawal of federal recognition under 32 U.S.C. § 323 , as it existed on January 1, 2019. (c) As used in this section, "state recognition withdrawn" means the demotion of an officer of the Arkansas National Guard when it is determined that he or she is not qualified to be an officer in his or her current grade and branch based on a finding by a board of selection officers that the officer is: (1) Substandard in the performance of his or her duty or in conduct; (2) Deficient in character; (3) Below medical standards for retention; or (4) Unsuited for military service.

Legislative History

Amended by Act 2019, No. 315,§ 934, eff. 7/24/2019. Amended by Act 2019, No. 148,§ 1, eff. 2/14/2019. Acts 1989, No. 666, § 1.