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 § 33-5-11

Title 33MILITARY AFFAIRS

Ch. 33-5NATIONAL GUARD ENLISTED MEMBERS

This text of South Dakota § 33-5-11 (Conditions for discharge before expiration of enlistment.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 33-5-11 (2026).

Text

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.

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.