                                 CODE OF VIRGINIA

ELIMINATION AND DISPOSITION OF OFFICERS (§ 44-33)

At any time the moral character, capacity, and general fitness for the service
of any National Guard officer may be determined by an efficiency board of three
commissioned officers senior in rank to the officer whose fitness for service
shall be under investigation, said board to be appointed by the Adjutant General
and convened on his order. If the findings of such board be unfavorable to such
officer and be approved by the Adjutant General, such officer shall be
discharged. Commissions of officers of the National Guard may be vacated upon
resignation, if approved by the Adjutant General, absence without leave for
three months, upon the recommendation of an efficiency board, pursuant to
sentence of a court-martial, upon physical disqualification, when convicted of a
felony in a civil court, when appointed or inducted into the armed forces of the
United States, when federal recognition is withdrawn from such officer or from
the unit to which assigned, upon reaching maximum age limitation, and when it
has been determined that an officer is subversive or disloyal. Officers of the
Virginia National Guard rendered surplus by the disbandment of their
organization shall be placed in another unit, providing an appropriate vacancy
exists, otherwise such officers shall be separated from the Virginia National
Guard and automatically revert to the reserve.

HISTORY: 1930, p. 954; Michie Code 1942, § 2673(23); 1958, c. 393; 1964, c.
227; 1970, c. 662.