Idaho § 46-205 VACATION OF COMMISSION — DISCHARGE

Idaho Statutes

§ 46-205 — VACATION OF COMMISSION — DISCHARGE

Idaho § 46-205

Title 46MILITIA AND MILITARY AFFAIRS

Ch. 2OFFICERS AND ENLISTED PERSONNEL

This text of Idaho § 46-205 (VACATION OF COMMISSION — DISCHARGE) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 46-205 (2026).

Text

Commissions of officers of the national guard shall be vacated upon resignation duly accepted by the governor; for absence without leave for three (3) months; upon the recommendation of an efficiency board approved by the governor as provided by national guard regulations; pursuant to the sentence of a general court-martial after the approval thereof by the governor, imposing sentence of dismissal; or when an officer has been convicted in a civil court of any crime of the grade of felony; upon withdrawal of federal recognition by the secretary of the army or the secretary of the air force; provided, that a formal discharge shall not be given to any officer of the national guard until he or she shall have given a satisfactory clearance for all property belonging to the state or to the Unite

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Commissions of officers of the national guard shall be vacated upon resignation duly accepted by the governor; for absence without leave for three (3) months; upon the recommendation of an efficiency board approved by the governor as provided by national guard regulations; pursuant to the sentence of a general court-martial after the approval thereof by the governor, imposing sentence of dismissal; or when an officer has been convicted in a civil court of any crime of the grade of felony; upon withdrawal of federal recognition by the secretary of the army or the secretary of the air force; provided, that a formal discharge shall not be given to any officer of the national guard until he or she shall have given a satisfactory clearance for all property belonging to the state or to the United States issued for the use in the military service by the national guard for which he or she is accountable or responsible, or both; and if discharge from the service of the national guard of the state shall be given before such satisfactory clearance for the responsibility of said property has been given, then such discharge shall be and is hereby declared null and void.

Legislative History

[(46-205) 1927, ch. 261, sec. 27, p. 510; am. 1931, ch. 186, sec. 4, p. 310; I.C.A., sec. 45-205; am. 1939, ch. 50, sec. 3, p. 91; am. 1957, ch. 174, sec. 19, p. 312; am. 2022, ch. 144, sec. 3, p. 517.]