§ 20. State reserve list. 1. Any commissioned or warrant officer of the organized militia may be transferred to the state reserve list on his own request approved by the commander of the force of which such officer is a member.

2. Any commissioned or warrant officer of the organized militia who has tendered his resignation or has been rendered surplus by reduction, disbandment or reorganization of a unit or denial, withdrawal or termination of his federal recognition or for any other reason, unless transferred to the inactive national guard may be relieved from duty or command and may be transferred to the state reserve list.

* 3. Any person who has served as a commissioned or warrant officer in the organized militia or in the armed forces of the United States and has been honorably discharged therefrom may be commissioned and placed on the state reserve list in the highest grade previously held by him after complying with such conditions as may be prescribed by regulations issued pursuant to this chapter.

* NB Effective until November 12, 2020

* 3. Any person who has served as a commissioned or warrant officer in the organized militia or in the armed forces of the United States and (a) has been honorably discharged therefrom, or (b) has a qualifying condition, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, or (c) is a discharged LGBT veteran, as defined in section three hundred fifty of the executive law, and has received a discharge other than bad conduct or dishonorable from such service, may be commissioned and placed on the state reserve list in the highest grade previously held by him after complying with such conditions as may be prescribed by regulations issued pursuant to this chapter.

* NB Effective November 12, 2020

4. Upon the recommendation of the adjutant general, any officer eligible to be transferred to or placed upon the state reserve list under the provisions of this section, who has served for at least twenty-five years in the organized militia or in the armed forces of the United States or in two or more of such forces combined for at least twenty-five years may be transferred to or placed upon the state reserve list by the governor in a grade one grade higher than the highest grade previously held by him; provided that at least five years of such service shall have been in the organized militia. In computing such twenty-five year period, service as an enlisted man shall be counted.

5. Upon the recommendation of the adjutant general, the governor may order any person on the state reserve list to active duty in or with the organized militia for periods of not more than three months each in which case such person shall rank in his grade from the date of such order.

6. Time spent on the state reserve list shall not be credited in the computation of seniority, pay, length of service for promotion or otherwise, or retirement or any of the privileges and exemptions pertaining thereto, except that the time during which he served on active duty by order of the governor shall be so credited.

7. The provisions of this chapter relative to the resignation, retirement, court-martial, dismissal and discharge of commissioned officers and warrant officers of the organized militia including discharge on the findings of an efficiency or medical examining board shall be applicable to officers and warrant officers on the state reserve list.

8. A commissioned officer or warrant officer on the state reserve list may be dropped from the rolls if he fails to report to the chief of staff of the state as prescribed by regulations issued pursuant to this chapter.