§ 76 — Efficiency or fitness examining boards and medical examining boards; procedure

New York § 76

• Jurisdiction: New York
• Law MIL: Military
• Art. 3: Officers of the Organized Militia

Text

§ 76. Efficiency or fitness examining boards and medical examining\nboards; procedure. Efficiency or fitness examining boards and medical\nexamining boards appointed by the governor are hereby vested with the\npowers and immunities of courts of inquiry and courts-martial. Such\nboards shall follow the practice and procedure prescribed by regulations\nissued pursuant to this chapter. Any officer ordered to appear before\nsuch a board shall be allowed to appear in person or by counsel, if\nprovided by him at his own expense, to cross-examine witnesses and to\ncall witnesses on his behalf. He shall at all stages of the proceeding\nbe allowed full access to records pertinent to his case and be furnished\nwith copies of the same. Failure to appear before any such board shall\nbe sufficient ground for a finding by such board that the officer\nordered to appear be discharged. If the findings of any board appointed\nby the governor or under applicable laws and regulations of the United\nStates are unfavorable to an officer and are approved as provided by\napplicable laws and regulations of the state or United States, the\ngovernor shall relieve the officer from duty and may discharge him in\nsuch manner and form as the governor may deem appropriate; or, in the\ndiscretion of the governor, such officer may be transferred to the state\nreserve list or the state retired list in accordance with the provisions\nof this chapter.\n