37-B §147. Retired officers and retired list

Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT HEADING: PL 1997, C. 455, §9 (RPR)

Chapter 3: MILITARY BUREAU

Subchapter 2: ADMINISTRATION

§147. Retired officers and retired list

Officers are retired from the state military forces and placed on the retired list as follows. [2001, c. 662, §21 (AMD).]

1. Discharge. Any officer who accepts an appointment in the Army, Air Force, Navy, Marine Corps or Coast Guard of the United States, or who resigns from service, must receive an honorable discharge, only if:

A. That person is not under arrest or returned to a military court for any deficiency or delinquency; [2001, c. 662, §21 (AMD).]

B. That person is not indebted to the State in any manner; and [2001, c. 662, §21 (AMD).]

C. The accounts of that person for money and public property are correct. [2001, c. 662, §21 (AMD).]

[ 2001, c. 662, §21 (AMD) .]

2. Rights. Any person who has served as a commissioned officer in the state military forces for at least 9 years may, upon personal request, be placed upon the retired list. When placed upon the retired list, an officer must be given the highest rank that person held and federally recognized during the person's term of service. Retired officers are entitled to wear the uniform of the rank with which they were retired. No commissioned officer in the state military forces may be removed from office without the person's consent, except by sentence of a court-martial or by a board of officers in a manner prescribed by law.

[ 2003, c. 583, §5 (AMD) .]

3. Active state service. Whenever the occasion requires, the Governor, the Adjutant General or Deputy Adjutant General, with the individual's consent, may order to active state service any retired officer, warrant officer or enlisted person, with or without pay and allowances of that person's grade while performing the service.

[ 2001, c. 662, §21 (AMD) .]

SECTION HISTORY

1983, c. 460, §3 (NEW). 1995, c. 196, §A1 (AMD). 2001, c. 662, §21 (AMD). 2003, c. 583, §5 (AMD).