33-5-11. Conditions for discharge before expiration of enlistment.In time of peace, no enlisted member of the National Guard may be discharged before the expiration of the member's period of enlistment, except:(1)By order of the President or secretary of defense;(2)By sentence of a general court-martial;(3)By direction of the Governor on account of disability, on account of sentence of imprisonment by civil court, on account of a bona fide permanent change of residence to another state or territory, or as provided for by regulations established by the secretary of defense;(4)In compliance with an order of one of the United States courts on writ of habeas corpus. Source: SL 1887, ch 100, §34; CL 1887, §1950; RPolC 1903, §2489; SL 1913, ch 267, §33; SL 1917, ch 297, §35; RC 1919, §10592; SDC 1939, §41.0144; SL 2007, ch 187, §57.
South Dakota Legal Code