§ 13-603. Resignation of officer

   (a) Honorable discharge. -- A commissioned officer of the organized militia tendering a resignation shall receive an honorable discharge if:

   (1) the Governor accepts the resignation;

   (2) the officer is not under arrest or returned to a military court for a deficiency or delinquency;

   (3) the officer is not indebted to the State; and

   (4) the accounts of the officer for money or public property are correct.

(b) Qualifications. --

   (1) If the Governor accepts the resignation of an officer who, at the time of the resignation, is under arrest, under charges, or returned to a military court for an offense, deficiency, or delinquency, the officer shall:

      (i) cease to be an officer; and

      (ii) receive a discharge in a form that the Governor directs.

   (2) An officer who resigns under paragraph (1) of this subsection is not eligible to receive a commission unless the officer:

      (i) reenlists; and

      (ii) performs at least 100% of duty in each year of the reenlistment for 2 successive years.

HISTORY: An. Code 1957, art. 65, § 23; 2003, ch. 5, § 2; 2009, ch. 735, § 2.