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130.4 - Discharge of Commissioned Officers.

NY Mil L § 130.4 (2019) (N/A)
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(b) If the adjutant general fails to convene a general court-martial within six months from the presentation of an application for trial under this article, the adjutant general shall substitute for the discharge ordered by the governor a form of discharge authorized for administrative issuance.

(c) Where an administrative discharge is substituted for a dismissal or discharge under the authority of this article, the governor alone may reappoint the officer to such commissioned rank and precedence as in the opinion of the governor such former officer would have attained had he not been dismissed or discharged. The reappointment of such a former officer may be made provided a position vacancy is available under applicable tables of organization. All time between the dismissal or discharge and such reappointment shall be considered as service for all purposes.

(d) When an officer is discharged from the organized militia by administrative action or by board proceedings pursuant to sections seventy-five and seventy-six of this chapter or is dropped from the rolls by the senate on the recommendation of the governor pursuant to section eighty of this chapter, there shall not be a right to trial under this section.

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130.4 - Discharge of Commissioned Officers.