2006 New York Code - State Reserve List.



 
    § 20. State  reserve list.   1. Any commissioned or warrant officer of
  the organized militia may be transferred to the state  reserve  list  on
  his  own  request  approved  by the commander of the force of which such
  officer is a member.
    2. Any commissioned or warrant officer of the  organized  militia  who
  has  tendered his resignation or has been rendered surplus by reduction,
  disbandment or  reorganization  of  a  unit  or  denial,  withdrawal  or
  termination  of  his federal recognition or for any other reason, unless
  transferred to the inactive national guard may be relieved from duty  or
  command and may be transferred to the state reserve list.
    3.  Any  person who has served as a commissioned or warrant officer in
  the organized militia or in the armed forces of the  United  States  and
  has  been  honorably discharged therefrom may be commissioned and placed
  on the state reserve list in the highest grade previously  held  by  him
  after complying with such conditions as may be prescribed by regulations
  issued pursuant to this chapter.
    4.  Upon  the  recommendation  of  the  adjutant  general, any officer
  eligible to be transferred to or placed  upon  the  state  reserve  list
  under  the  provisions  of  this  section,  who  has served for at least
  twenty-five years in the organized militia or in the armed forces of the
  United States or in two or more of such forces  combined  for  at  least
  twenty-five years may be transferred to or placed upon the state reserve
  list  by the governor in a grade one grade higher than the highest grade
  previously held by him; provided  that  at  least  five  years  of  such
  service  shall  have  been  in  the organized militia. In computing such
  twenty-five year period, service as an enlisted man shall be counted.
    5. Upon the recommendation of the adjutant general, the  governor  may
  order any person on the state reserve list to active duty in or with the
  organized  militia  for  periods  of  not more than three months each in
  which case such person shall rank in his grade from  the  date  of  such
  order.
    6.  Time  spent on the state reserve list shall not be credited in the
  computation of seniority,  pay,  length  of  service  for  promotion  or
  otherwise,  or  retirement  or  any  of  the  privileges  and exemptions
  pertaining thereto, except that the  time  during  which  he  served  on
  active duty by order of the governor shall be so credited.
    7.  The  provisions  of  this  chapter  relative  to  the resignation,
  retirement,  court-martial,  dismissal  and  discharge  of  commissioned
  officers  and  warrant  officers  of  the  organized  militia  including
  discharge on the findings of an efficiency or  medical  examining  board
  shall  be  applicable  to  officers  and  warrant  officers on the state
  reserve list.
    8. A commissioned officer or warrant officer on the state reserve list
  may be dropped from the rolls if he fails to  report  to  the  chief  of
  staff  of the state as prescribed by regulations issued pursuant to this
  chapter.

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