<br><br>38.120 Resignation of officers. <br>A commissioned officer tendering his resignation, if the Governor accepts it, shall receive <br>an honorable discharge if he is not under arrest or to be returned to a military court for <br>deficiency or delinquency. The Governor may not accept the resignation of an officer of <br>the Kentucky National Guard who has been charged with an offense under the Kentucky <br>Military Code of Justice which is tantamount to a felony under Kentucky criminal law. <br>History: Amended 1954 Ky. Acts ch. 98, sec. 8. -- Recodified 1942 Ky. Acts ch. 208, <br>sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2711a-170. <br><br>