Washington § 38.12.170 Termination of officers' membership—Review of retention potential.

Washington Statutes

§ 38.12.170 — Termination of officers' membership—Review of retention potential.

Washington § 38.12.170

Title 38MILITIA AND MILITARY AFFAIRS

Ch. 38.12MILITIA OFFICERS AND ADVISORY COUNCIL

This text of Washington § 38.12.170 (Termination of officers' membership—Review of retention potential.) is published on Counsel Stack Legal Research, covering Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wash. Rev. Code § 38.12.170 (2026).

Text

The governor may terminate the membership of any commissioned or warrant officer of the organized militia of Washington for any of the following reasons:

(1)Conviction of an infamous crime;

(2)Absence from his or her command for more than thirty days without proper leave;

(3)Sentence of dismissal by court-martial, duly approved;

(4)Upon muster out of the organization to which the officer is then assigned;

(5)Acceptance of the resignation of the officer, but no officer may be discharged or his or her resignation accepted while under arrest or against whom military charges have been preferred, or until he or she has turned over to his or her successor or satisfactorily accounted for all state and federal moneys and military property for which he or she is accountable or responsible

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The governor may terminate the membership of any commissioned or warrant officer of the organized militia of Washington for any of the following reasons:

(1) Conviction of an infamous crime;

(2) Absence from his or her command for more than thirty days without proper leave;

(3) Sentence of dismissal by court-martial, duly approved;

(4) Upon muster out of the organization to which the officer is then assigned;

(5) Acceptance of the resignation of the officer, but no officer may be discharged or his or her resignation accepted while under arrest or against whom military charges have been preferred, or until he or she has turned over to his or her successor or satisfactorily accounted for all state and federal moneys and military property for which he or she is accountable or responsible;

(6) Removal of his or her actual residence to such distance from the station of his or her command as to render it impracticable for him or her to perform the duties of his or her office;

(7) Incompetence or unfitness for military service as determined by the duly approved findings of a board of officers appointed for that purpose by the adjutant general.

The adjutant general shall annually appoint and convene qualitative retention boards to review the military personnel records of officers who have completed three or more years service in the Washington state guard to determine their retention potential and acceptability for continuation in an active status. In the conduct of the reviews, the regulation issued by the adjutant general to implement this provision shall conform to the extent practicable to that governing the army national guard.

Legislative History

[1989 c 19 s 20;1984 c 198 s 1;1943 c 130 s 31;1925 ex.s. c 72 s 1; Rem. Supp. 1943 s 8603-31. Prior:1917 c 107 s 28;1909 c 134 s 39;1895 c 108 s 63.]