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Home » US Law » 2022 New York Laws » Consolidated Laws » MIL - Military » Article 3 - Officers of the Organized Militia

70 – Appointment of Commissioned Officers.

§ 70. Appointment of commissioned officers. 1. All commissioned officers of the organized militia shall be appointed and promoted by the governor upon recommendation of the commanding general or the commanding officer of the force in which such officers are to serve. 2. General officers above the grade of brigadier-general and flag officers above the […]

71 – Qualifications.

§ 71. Qualifications. No person shall be appointed or promoted as a commissioned officer of the organized militia unless he shall have passed such examination as to his physical, moral and professional qualifications as may be prescribed by the laws of the United States and by this chapter and the regulations issued thereunder. No person […]

72 – Assignment and Transfer of Officers.

§ 72. Assignment and transfer of officers. Commissioned officers may be assigned, reassigned, transferred or detailed to and from units of the organized militia, as prescribed by applicable laws of the United States and by this chapter and by the regulations issued thereunder.

73 – Oath of Office.

§ 73. Oath of office. Every commissioned officer shall take and subscribe the oath of office prescribed for officers of the organized militia by the applicable laws of the United States and regulations issued pursuant to this chapter. Such oath shall be taken and subscribed before a commissioned or warrant officer of the organized militia […]

74 – Uniforms.

§ 74. Uniforms. Every commissioned officer shall provide himself with such uniforms and articles of equipment as may be prescribed by regulations issued pursuant to this chapter.

75 – Efficiency or Fitness Examining Boards and Medical Examining Boards.

§ 75. Efficiency or fitness examining boards and medical examining boards. 1. The efficiency, moral character, conduct and general fitness for retention in the organized militia of any commissioned officer may be investigated, examined into and determined by an efficiency or fitness examining board. The members of an efficiency or fitness examining board shall be […]

76 – Efficiency or Fitness Examining Boards and Medical Examining Boards; Procedure.

§ 76. Efficiency or fitness examining boards and medical examining boards; procedure. Efficiency or fitness examining boards and medical examining boards appointed by the governor are hereby vested with the powers and immunities of courts of inquiry and courts-martial. Such boards shall follow the practice and procedure prescribed by regulations issued pursuant to this chapter. […]

77 – Resignations.

§ 77. Resignations. 1. A commissioned officer of the organized militia may tender his resignation at any time to the governor. If the governor shall accept the resignation, the officer shall receive an honorable discharge but if the officer tendering his resignation shall be under arrest or if charges have been preferred against him for […]

78 – Absence Without Leave; Discharge.

§ 78. Absence without leave; discharge. The governor may discharge any commissioned officer who absents himself without leave for three months. Such officer shall receive a discharge in writing in such form and of such type or classification as may be prescribed by applicable laws and regulations of the United States and by regulations issued […]

79 – Warrant Officers.

§ 79. Warrant officers. The provisions of this article relating to commissioned officers shall apply to warrant officers and commissioned warrant officers, except that warrant officers who shall have been absent without leave may be discharged as may be prescribed by the applicable laws of the United States and by this chapter and the regulations […]

80 – Tenure of Commissioned Officers.

§ 80. Tenure of commissioned officers. No commissioned officer shall be involuntarily discharged or dismissed from the service, unless by the senate on the recommendation of the governor, stating the grounds for such recommendation; or by the sentence of a court-martial; or upon the findings of an examining board appointed pursuant to section seventy-five of […]