1. A commissioned officer of the Nevada National Guard may tender his or her resignation at any time. A resignation must be tendered in writing through proper military channels in accordance with applicable federal laws and regulations and Office regulations. A resignation takes effect when properly accepted and announced in orders. 2. A commissioned officer desiring to accept an appointment or to enlist in the active Army, Navy, Air Force, Marine Corps or Coast Guard of the United States or a reserve component thereof must first obtain a conditional release from his or her commander. A conditional release must be issued in accordance with this chapter and Office regulations, and must include certification that the officer is properly cleared of his or her responsibility for all state and United States property and public money, and that he or she is not indebted to the State or to the organization to which the officer belongs. An officer so released shall be deemed to have resigned upon presentation of evidence that the officer has accepted an appointment or enlisted in the force to which released, and the resignation must be announced in orders. 3. No officer is entitled to resign his or her commission who is under arrest, suspension or who is under orders to be returned to any military court for delinquency.
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