Chap. 366.—An ACT in relation to discharge and retirement of commissioned
officers of the Virginia volunteers.

Approved March 22, 1910.

1. Be it enacted by the general assembly of Virginia, That an officer
may be discharged by order of the commander-in-chief or to carry out
the lawful sentence of a court-martial.

x. An officer may be honorably discharged by the commander-in-chief
upon removal of residence from the Commonwealth; upor. tender of
resignation; upon the disbandment of the organization to which he be-
longs ; or, if a staff officer, upon the written request of the officer appoint-
ing him, or upon the qualification of his appointed successor, or when he
accepts an appointment in the army or navy of the United State. Officers
in staff departments and staff corps shall be discharged or retired as pro-
vided for in the case of officers of the line.

3. Any commissioned officer in the militia service who has served as
such in the active militia of this Commonwealth for the period of ten
years may, upon his own application, be placed upon the retired list with
the rank held by him at the time of making such application.

A commissioned officer upon the retired list who accepts a commis-
sion in the active militia may at any time, upon his own application, be
placed again upon the retired list with the rank with which he was
formerly retired: provided, however, that if his latest service on the active
list has entitled him to a grade on the retired list higher than that pre-
viously held by him, he shall be given such higher grade.

4. The commander-in-chief may retire any commissioned officer who
shall have been ordered by him before a medical board consisting of at
least three commissioned medical officers if such board report him to be
physically unable to perform the duties of his office.

5. Any officer who has been honorably discharged from the militia
may, upon application to the commander-in-chief, have such discharge
rescinded, and be placed upon the retired list under the provisions of
this act.

‘6. The names and records of all retired officers shall annually be
printed in a separate register in the order of their retired rank, to be ap-
pended to the report of the adjutant general.

%. Retired officers shall be commissioned on the retired list by the
commander-in-chief, and on occasions of ceremony may, and when acting
under orders as hereinafter provided shall wear the uniform of their
retired rank. They shall be eligible to perform any military duty to the
same extent as if not retired, and the commandcr-in-chief may, in his
discretion, require them to serve upon military boards, courts of inquiry
and courts-martial, or to perform any other special or temporary military
duty, and for such service they shall receive the pay and allowances pro-
vided for like services of the active militia: provided, however, that they
shall only receive the pay, allowances and benefits provided for in this act
while on active duty. They shall be amenable to court-martial for mili-
tary offenses, as if upon the active list of the volunteer militia. Their
names shall be borne on a separate roster, kept under the supervision of
the adjutant gencral. They shall report to the adjutant general any
change in their residence. An officer now on the retired list may, on ap-
plication, receive a commission on the retired list as provided above, and
such commission shall state the date on which he was retired.

8. The commander-in-chief may dismiss an officer who has been con-
victed of crime, or who has been dishonorably discharged or dismissed
from the service of the United States, or from the militia of this or any
other State; or he may dismiss an officer in order to carry out the sen-
tence of a court-martial.

9. Officers discharged from the service of the Commonwealth shall
be entitled to a certificate of discharge in such form as the commander-
in-chief shall direct.