1. (a) A commissioned officer of the organized militia tendering a resignation shall receive an honorable discharge if:

   1. (1) the Governor accepts the resignation;
   2. (2) the officer is not under arrest or returned to a military court for a deficiency or delinquency;
   3. (3) the officer is not indebted to the State; and
   4. (4) the accounts of the officer for money or public property are correct.

2. (b)

   1. (1) If the Governor accepts the resignation of an officer who, at the time of the resignation, is under arrest, under charges, or returned to a military court for an offense, deficiency, or delinquency, the officer shall:

      1. (i) cease to be an officer; and
      2. (ii) receive a discharge in a form that the Governor directs.

   2. (2) An officer who resigns under paragraph (1) of this subsection is not eligible to receive a commission unless the officer:

      1. (i) reenlists; and
      2. (ii) performs at least 100% of duty in each year of the reenlistment for 2 successive years.

Added as Public Safety § 13-608 by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003. Renumbered as Public Safety § 13-603 and amended by Acts 2009, c. 735, § 2, eff. Oct. 1, 2009.