West Virginia Code § 15-1B-9

Enlisted personnel -- Discharge
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a. Enlisted men may be honorably discharged, discharged, or discharged dishonorably; but
in no case may an enlisted man be dishonorably discharged unless by sentence of a general
court- martial, except as hereinafter provided. No enlisted man shall be honorably
discharged from service unless he produces the certificate of his immediate commanding
officer that he has turned over or satisfactorily accounted for all property isesued to him
b. Whenever any enlisted man of the National Guard shall have performed service therein
for the term of his enlistment or reenlistment, and has turned in to the proper officer all
state or military property for which he is responsible, his commaunding officer shall grant him
a full and honorable discharge, except in time of insurrection or invasion or other emergency
declared by the Governor, when his enlistment shall be autotmatically extended for the
period he shall be in the active service of the state, and until released therefrom by proper
order. Discharge for physical disability shall be granted pursuant to applicable rules and
regulations. The Governor may authorize for sufficient reason, and in his discretion, the
discharge of enlisted men, with or without their consent, at any time, upon the
recommendation of the commanding officer osf the unit of organization to which they belong.
An enlisted man who cannot, after due diligence, be found, or who shall remove his
residence from the state, or to such distance from the armory of his organization, as to
render it impracticable for him to pegrform properly military duties, or who shall be convicted
of a felony, may be discharged by order of the Governor.
c. A dishonorable discharge from the service in the National Guard shall operate as a
complete expulsion fromL the guard, a forfeiture of all exemptions and privileges acquired
through membership therein, and disqualification for any military office under the state. The
names of all persons dishonorably discharged shall be published in orders by the Adjutant
General at the time of such discharge, and as a Class I legal advertisement in compliance
with the provisions of article three, chapter fifty-nine of this code, and the publication area
for such publication shall be the county in which such dishonorably discharged person
resiWdes. No person so discharged shall be admitted to any armory or other meeting place of
the National Guard or to the immediate vicinity of any encampment, drill or parade of
troops. All commanding officers are hereby required to enforce these prohibitions.

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