Conditions for discharge before expiration of enlistment

In time of peace, no enlisted member of the National Guard may be discharged before the expiration of the member's period of enlistment, except: (1) By order of the President or secretary of defense; (2) By sentence of a general court-martial; (3) By direction of the Governor on account of disability, on account of sentence of imprisonment by civil court, on account of a bona fide permanent change of residence to another state or territory, or as provided for by regulations established by the secretary of defense; (4) In compliance with an order of one of the United States courts on writ of habeas corpus. Source: SL 1887, ch 100 , § 34; CL 1887, § 1950; RPolC 1903, § 2489; SL 1913, ch 267 , § 33; SL 1917, ch 297 , § 35; RC 1919, § 10592; SDC 1939, § 41.0144; SL 2007, ch 187 , § 57. 33-5-12 to 33-5-15. Repealed by SL 2007, ch 187 , §§ 58 to 61.