§ 10-1-206

10-1-206. Examination as to fitness -- board of examination. (1) The governor, when the governor considers it necessary, may order an officer to appear before a board of examination. The board of examination consists of three officers, senior in rank to the officer whose fitness for service is under examination. The board may: (a) inquire into the fitness for military service due to physical disability of an officer under 10-1-203(1)(b); (b) inquire into the moral character, capacity, and professional fitness of an officer in order to make a recommendation under 10-1-205(2)(e). (2) The board, under 10-1-203(1)(b), may recommend the retention of the officer being examined or recommend the officer's retirement because of a physical inability to perform active service. (3) The board, under 10-1-205(2)(e), may recommend the discharge and the vacating of the officer's commission or warrant. (4) The findings of the board become effective only upon the approval of the governor. History: En. 77-1706 by Sec. 36, Ch. 94, L. 1974; R.C.M. 1947, 77-1706; amd. Sec. 3, Ch. 56, L. 2009.