Browse Arkansas Code titles and sections
12-62-104. Removal — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
12-62-104. Removal — Definition.
(a) The Adjutant General of the State of Arkansas shall have the power to remove an officer from the ranks of the Arkansas National Guard if the officer:
(1) Is refused federal recognition in the grade and branch to which he or she has applied;
(2) Has had federal recognition withdrawn in the grade and branch in which he or she was formerly recognized; or
(3) Has had state recognition withdrawn in the grade and branch in which he or she was formerly recognized.
(b) The Adjutant General shall adopt reasonable and necessary rules to accomplish this purpose, including without limitation a rule outlining the process required to have an officer's state recognition withdrawn as provided under subdivision (a)(3) of this section that is similar to the process for the withdrawal of federal recognition under 32 U.S.C. § 323, as it existed on January 1, 2019.
(c) As used in this section, “state recognition withdrawn” means the demotion of an officer of the Arkansas National Guard when it is determined that he or she is not qualified to be an officer in his or her current grade and branch based on a finding by a board of selection officers that the officer is:
(1) Substandard in the performance of his or her duty or in conduct;
(2) Deficient in character;
(3) Below medical standards for retention; or
(4) Unsuited for military service.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 12-62-104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:12-62-104
Source file: gov.ar.code.title.12.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 12ead69d031f3aa4d6d22b51c74fd0ada4a17ad445d74e9a345872b7423a1af4
Source location: content.xml paragraph 17203
Stored source content
12-62-104. Removal — Definition.
(a) The Adjutant General of the State of Arkansas shall have the power to remove an officer from the ranks of the Arkansas National Guard if the officer:
(1) Is refused federal recognition in the grade and branch to which he or she has applied;
(2) Has had federal recognition withdrawn in the grade and branch in which he or she was formerly recognized; or
(3) Has had state recognition withdrawn in the grade and branch in which he or she was formerly recognized.
(b) The Adjutant General shall adopt reasonable and necessary rules to accomplish this purpose, including without limitation a rule outlining the process required to have an officer's state recognition withdrawn as provided under subdivision (a)(3) of this section that is similar to the process for the withdrawal of federal recognition under 32 U.S.C. § 323, as it existed on January 1, 2019.
(c) As used in this section, “state recognition withdrawn” means the demotion of an officer of the Arkansas National Guard when it is determined that he or she is not qualified to be an officer in his or her current grade and branch based on a finding by a board of selection officers that the officer is:
(1) Substandard in the performance of his or her duty or in conduct;
(2) Deficient in character;
(3) Below medical standards for retention; or
(4) Unsuited for military service.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever a member of the National Guard ceases to have the qualifications prescribed under [section 301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section301&num=0&edition=prelim) or ceases to be a member of a federally recognized unit or organization of the National Guard, his Federal recognition shall be withdrawn.
**(b)** Under regulations to be prescribed by the President, the capacity and general fitness of an officer of the National Guard for continued Federal recognition may be investigated at any time by an efficiency board composed of commissioned officers of—
(1) the Regular Army or the Army National Guard of the United States, or both, who out-rank him and who are detailed by the Secretary of the Army, if he is a member of the Army National Guard; or
(2) the Regular Air Force or the Air National Guard of the United States, or both, who outrank him and who are detailed by the Secretary of the Air Force, if he is a member of the Air National Guard.
If the findings of the board are unfavorable to the officer and are approved by the President, his Federal recognition shall be withdrawn.
**(c)** If a member of the Army National Guard of the United States or the Air National Guard of the United States is transferred to the Army Reserve or the Air Force Reserve, as the case may be, under section 12105, 12213(a), or 12214(a) of title 10, his Federal recognition is withdrawn.
**(d)** The Federal recognition of a reserve commissioned officer of the Army or the Air Force who is—
(1) federally recognized as an officer of the National Guard; and
(2) subject to involuntary transfer to the Retired Reserve, transfer to an inactive status list, or discharge under chapter 1407, 1409, or 1411 of title 10;
shall, if not soo
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 323
Stored review status: release_metadata_unconfirmed. The source passage cites 32 U.S.C. § 323. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 26
TITLE 32—NATIONAL GUARD
§ 323
(Aug. 10, 1956, ch. 1041, 70A Stat. 606.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
322(a) ......
322(b) ......
322(c) ......
32:154 (last par., less 1st
26, and last 26, words).
32:125 (less last 27 words).
32:125 (last 27 words).
June 3, 1916, ch. 134, § 72;
restated June 4, 1920,
ch. 227, subch. I, § 40;
restated June 15, 1933,
ch. 87, § 10, 48 Stat. 157;
July 9, 1952, ch. 608,
§ 806(d), 66 Stat. 507.
June 3, 1916, ch. 134, § 110
(last par., less 1st 30,
and last 25, words); re-
stated Sept. 22, 1922,
ch. 423, § 6 (last par.,
less 1st 30, and last 137,
words); restated May
12, 1928, ch. 529 (less 1st
30, and last 25, words),
45 Stat. 500.
Subsection (a) is substituted for 32:154 (last par., less
1st 26, and last 26, words) to reflect an opinion of the
Judge Advocate General of the Army (JAGA 1953/9033, 3
Dec. 1953).
In subsection (b), the words ‘‘is entitled to a dis-
charge certificate similar in form and classification to
the corresponding certificate’’ are substituted for the
words ‘‘shall receive a discharge in writing in such
form and with such classification as is or shall be’’. The
words ‘‘service in’’ are omitted as surplusage.
In subsection (c), the words ‘‘his enlistment expires’’
are substituted for the words ‘‘the expiration of terms
of enlistment’’.
§ 323. Withdrawal of Federal recognition
(a) Whenever a member of the National Guard
ceases to have the qualifications prescribed
under section 301 of this title or ceases to be a
member of a federally recognized unit or organi-
zation of the National Guard, his Federal rec-
ognition shall be withdrawn.
(b) Under regulations to be prescribed by the
President, the capacity and gene
Source: Supplied 2024 U.S. Code historical extraction · 32 U.S.C. § 323
Stored review status: historical_2024_not_currentness_verified. The source passage cites 32 U.S.C. § 323. This identifies an authority to review, not proof of applicability.