§ 37-04-16 — Retirement and discharge of national guard officers

Any officer of the national guard who has federal recognition removed due to age, as
proscribed by federal law, must be placed on the retired list by the governor. Any officer who has
served as such under a commission in the military service of this state for a continuous period of
eight years may be placed, at the officer's own request, upon the retired list with an advance in
grade and withdrawn from active service and command by the governor. A commissioned officer
must be withdrawn from active service and placed upon the retired list whenever the officer
becomes disabled and incapable of performing the duties of the officer's office. A commissioned
officer, upon the recommendation of the officer's commanding officer or of an inspecting officer,
must be placed by the governor upon the retired list whenever the officer becomes unfit or
incompetent for service and thereby incapable of performing the duties of the officer's office.
The governor, however, may not order the retirement of an officer until the provisions of section
37-04-17 have been complied with. Vacancies in the commissioned personnel of the national
guard caused by the operation of this section must be filled in the same manner as other
vacancies in the commissioned personnel are filled.