North Dakota Statutes

§ 37-04-15 — Vacating commissions - Acquisition of reserve status

North Dakota § 37-04-15
JurisdictionNorth Dakota
Title 37Military
Ch. 37-04Commissioned Officers

This text of North Dakota § 37-04-15 (Vacating commissions - Acquisition of reserve status) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
N.D. Cent. Code § 37-04-15 (2026).

Text

A commission in the national guard may be vacated:

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.

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Related

Stephenson v. Hoeven
2007 ND 136 (North Dakota Supreme Court, 2007)
5 case citations

Nearby Sections

15
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Bluebook (online)
North Dakota § 37-04-15, Counsel Stack Legal Research, https://law.counselstack.com/statute/nd/37-04-15.