1. (a) At any time, the moral character, capacity, and general fitness for the service of any Indiana national guard officer may be determined by an efficiency board of three (3) commissioned officers, senior in rank to the officer whose fitness for service is under investigation.

2. (b) The governor may convene the efficiency board. If the findings of the board are:

   1. (1) unfavorable to the officer; and

   2. (2) approved by the governor;

      the officer shall be discharged.

3. (c) The commission of an officer in the Indiana national guard may be vacated:

   1. (1) upon the officer's resignation;
   2. (2) upon the officer's absence without leave for three (3) months;
   3. (3) upon the recommendation of an efficiency board; or

   4. (4) under a sentence of a court-martial.

      However, an officer who has not returned or accounted for all the public property or funds for which the officer is responsible may not receive an honorable discharge or separation.

4. (d) Officers rendered surplus by the disbandment of their organization or other causes shall be separated from the Indiana national guard or placed in the inactive national guard at the discretion of the governor.

   [Pre-2003 Recodification Citation: 10-2-3-6.]

As added by P.L.2-2003, SEC.7.