§ 2309. Discharge and removal of commissioned and warrant officers. (a) Discharge for unfitness.--At any time, the moral character, capacity and general fitness for the service of any Pennsylvania National Guard officer or warrant officer may be determined by a fitness board or court of inquiry of three commissioned officers, senior in rank, if possible, to the officer whose fitness for service shall be under investigation. This board shall be appointed by the Governor, in the case of general officers and officers of the headquarters Pennsylvania National Guard, and by the Adjutant General in all other cases. If the findings of such board be unfavorable to such officer or warrant officer and be approved by the Governor he shall be discharged. (b) Grounds for vacating commission or warrant.--Commissions of officers or warrants of warrant officers of the Pennsylvania National Guard may be vacated for any of the following reasons: (1) Upon the recommendation of a fitness board. (2) If recourse occurs on his bond in the settlement of his financial or property accounts. (3) If he has been convicted of a felony. (4) Upon withdrawal of Federal recognition. (c) Grounds for vacating office or assignment.--When a commissioned or warrant officer of the Pennsylvania National Guard retires, accepts an appointment to another office therein, is transferred to the Inactive National Guard, resigns, is relieved from active duty but held as a supernumerary, or dies, the office or assignment previously held shall be deemed to have been vacated.

§ 2309. Discharge and removal of commissioned and warrant officers. (a) Discharge for unfitness.--At any time, the moral character, capacity and general fitness for the service of any Pennsylvania National Guard officer or warrant officer may be determined by a fitness board or court of inquiry of three commissioned officers, senior in rank, if possible, to the officer whose fitness for service shall be under investigation. This board shall be appointed by the Governor, in the case of general officers and officers of the headquarters Pennsylvania National Guard, and by the Adjutant General in all other cases. If the findings of such board be unfavorable to such officer or warrant officer and be approved by the Governor he shall be discharged. (b) Grounds for vacating commission or warrant.--Commissions of officers or warrants of warrant officers of the Pennsylvania National Guard may be vacated for any of the following reasons: (1) Upon the recommendation of a fitness board. (2) If recourse occurs on his bond in the settlement of his financial or property accounts. (3) If he has been convicted of a felony. (4) Upon withdrawal of Federal recognition. (c) Grounds for vacating office or assignment.--When a commissioned or warrant officer of the Pennsylvania National Guard retires, accepts an appointment to another office therein, is transferred to the Inactive National Guard, resigns, is relieved from active duty but held as a supernumerary, or dies, the office or assignment previously held shall be deemed to have been vacated.