General Laws

Section 29. (a) At any time, the moral character, capacity and general fitness for the service of any service member may be investigated and determined by an efficiency board of 3 commissioned officers, senior in rank to the service member and designated by the commander-in-chief. One board member shall be a noncommissioned officer senior in rank to the service member if the service member before the board is an enlisted person. Any such investigation and board proceedings shall provide the service member due process consistent with military practice. The investigation may include misconduct in civil life for which the service member is not subject to court-martial. If the findings of the board are unfavorable to the service member and are approved by the commander-in-chief, the service member shall be appropriately disciplined or discharged.

(b) A service member may be honorably discharged by the commander-in-chief upon tender of resignation or upon appointment in a regular component or in another reserve component of the armed forces of the United States.

(c) The commander-in-chief may discharge a service member who is under sentence of imprisonment by a civilian court, whether suspended or not, or who has been absent without leave for 2 months continuously.