South Dakota § 33-5-11 Conditions for discharge before expiration of enlistment.

South Dakota Statutes

§ 33-5-11 — Conditions for discharge before expiration of enlistment.

South Dakota·Title 33 MILITARY AFFAIRS·Ch. 33-5 NATIONAL GUARD ENLISTED MEMBERS

In time of peace, no enlisted member of the National Guard may be discharged before the expiration of the member's period of enlistment, except:

(1)By order of the President or secretary of defense;

(2)By sentence of a general court-martial;

(3)By direction of the Governor on account of disability, on account of sentence of imprisonment by civil court, on account of a bona fide permanent change of residence to another state or territory, or as provided for by regulations established by the secretary of defense;

(4)In compliance with an order of one of the United States courts on writ of habeas corpus.

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In time of peace, no enlisted member of the National Guard may be discharged before the expiration of the member's period of enlistment, except: (1) By order of the President or secretary of defense; (2) By sentence of a general court-martial; (3) By direction of the Governor on account of disability, on account of sentence of imprisonment by civil court, on account of a bona fide permanent change of residence to another state or territory, or as provided for by regulations established by the secretary of defense; (4) In compliance with an order of one of the United States courts on writ of habeas corpus.

South Dakota § 33-5-11 (Conditions for discharge before expiration of enlistment.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

SL 1887, ch 100, § 34; CL 1887, § 1950; RPolC 1903, § 2489; SL 1913, ch 267, § 33; SL 1917, ch 297, § 35; RC 1919, § 10592; SDC 1939, § 41.0144; SL 2007, ch 187, § 57.