§ 127A-35. Elimination and disposition of officers; efficiency board; transfer to inactive status. - North Carolina Statutes

§ 127A‑35.  Eliminationand disposition of officers; efficiency board; transfer to inactive status.

(a)        Whenever theefficiency or general fitness, including physical fitness, of a National Guardofficer is in question, the Adjutant General, State of North Carolina, mayorder him to appear before an efficiency board to determine whether or not theappointment of the officer should be withdrawn. The efficiency board will becomposed of not less than three commissioned officers, all senior in rank tothe officer undergoing investigation. A member of the board serving in a legalor medical advisory capacity may be junior to any person, other than a judgeadvocate, law specialist, or medical officer being considered. The findings ofan efficiency board are not final until reviewed and approved by the Secretaryof the Department of Crime Control and Public Safety and the Governor of theState of North Carolina.

(b)        Commissions ofofficers of the National Guard may be vacated upon resignation, absence withoutleave for 30 days, pursuant to sentence of a court martial, or pursuant toregulations promulgated by the secretary of the appropriate service.

(c)        Officers of theNational Guard may, upon their own request, be transferred to the inactiveNational Guard, subject to such exceptions as may be authorized by the AdjutantGeneral, State of North Carolina, or the Secretary of Defense.  (1917, c. 200, s. 28; C.S.,s. 6818; 1959, c. 218, s. 9; 1975, c. 604, s. 2; 1977, c. 70, s. 2; 2009‑281,s. 1.)