West Virginia Code § 15-1B-6

Dismissal of officers
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a. No officer of the National Guard shall be dismissed unless by reason of resignation,
approval of findings of an efficiency or medical examining board, withdrawal of federal
recognition, the sentence of a court-martial, or for cause as provided in subsection d of this
section.
b. The efficiency, moral character, incompetency, inability to properly perform his duty, and
general fitness for retention in the National Guard of any officer may be investigated and
determined by an efficiency examining board.
c. The physical fitness for further service of any officer of the National Guard may be
investigated by a medical examining board of officers.
d. Efficiency and medical examining boards consistinga of three or more officers shall be
appointed by the Adjutant General upon recommendation of the commanding officer of the
officer under investigation. All members of such bolards shall be senior in grade to the officer
under investigation, unless unavailable. Such sboards shall be vested with the powers of
courts of inquiry and courts-martial. Any officer ordered to appear before such a board shall
be allowed to appear in person or by counsiel, to cross-examine and to call the witnesses in
his behalf. He shall at all stages of tghe proceedings be allowed full access to records
pertinent to his case and be furnished copies of the same. If the officer shall fail to appear at
the time and place set for the hearing by the board, the board shall proceed to consider the
evidence presented to it and make such findings as shall be warranted. If the findings of the
board are unfavorable to an officer and are approved by the Governor, the Governor shall
dismiss the officer, transfer him to the state retired list or the honorary militia, or make such
other order as may be appropriate.
e. Any officer who permanently moves from the state or who is absent without leave from
drill, training and other duty for two months, or whose federal recognition is withdrawn may
be dWismissed automatically.
f. In any case in which the Adjutant General shall have ground to believe an officer unfit,
incompetent, or incapable of performing his duties, he may be dismissed or transferred to
the reserve list or honorary National Guard, if appropriate, without reference to an
efficiency or medical examining board, unless the officer so dismissed or transferred shall,
within thirty days after being notified thereof, serve upon the Adjutant General notice in
writing demanding a hearing and examination before an appropriate board.

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