§121-15  Commissioned and warrant officers;transfer to inactive list, retirement, separation.  Officers may betransferred to the inactive or retired lists, or separated from the service asfollows:

(1)  An officer may be honorably discharged by reasonof resignation, removal of residence from the State, failure to meet ormaintain the requirements for federal recognition, or acceptance of anincompatible office.

(2)  An officer who is eligible to be placed on theretired list under federal law, or who has completed the years of servicerequired for retirement under chapter 67 of Title 10, United States Code, mayat the officer's request be discharged, or with the approval of the governor beplaced on the retired list.

(3)  Any commissioned officer who has served in thesame grade in the military service of the State for a continuous period of notless than ten years, upon the commissioned officer's own request, may behonorably discharged or placed on the retired list.

(4)  Any officer who is rendered surplus by thedisbandment of the officer's unit, or who changes the officer's residencewithin the State and is unable to serve with the unit to which the officer wasassigned, shall be absorbed in another unit of the army or air national guard,or if there be no such other available unit the officer shall be transferred toan inactive status as authorized by the secretary of the army or of the airforce, and may be ordered to perform appropriate duties.

(5)  At any time the moral character, capacity, andgeneral fitness for the service of any officer may be investigated anddetermined by an efficiency board of three commissioned or warrant officers,senior in rank to the officer if possible, to be appointed by the governor. The investigation shall be thorough and impartial, and may include misconductin civil life for which the officer is not amenable to trial by court-martial. If the findings are unfavorable to the officer and are approved by thegovernor, the officer shall be discharged.

(6)  At any time the physical fitness for the serviceof any officer, upon order of the governor, may be investigated and determinedby a board of not less than three commissioned officers, not less than two ofwhom shall be medical officers.  If the board reports the officer to bephysically unable to perform the duties of the officer's office, and the reportis approved by the governor, the officer may be discharged or placed on theretired list.

(7)  Any officer who is under sentence of imprisonmentby a civil court for any offense involving moral turpitude, whether suspendedor not, or who has been absent without leave for three months, or who refusesor neglects to report before the board provided in paragraph (5) or (6) withina period of three months from the time the officer is ordered to report beforethe board may be discharged with the approval of the governor.

(8)  Upon the approval by the governor of a sentenceof dismissal rendered by a court-martial, the officer shall be dismissed. [L1967, c 196, pt of §1; HRS §121-15; gen ch 1985; am L 1986, c 339, §1]