This bill eliminates National Guard efficiency boards.
. eliminates provisions establishing and governing National Guard efficiency boards;
. makes technical corrections.
Monies Appropriated in this Bill:
Other Special Clauses:
Utah Code Sections Affected:
39-1-58, as last amended by Chapter 15, Laws of Utah 1989
Be it enacted by the Legislature of the state of Utah:
is amended to read:
39-1-58. Discharge of officers -- Officers in reserves.
[(1) (a) While serving on state active duty the moral character, capacity, and general
fitness for the service of any National Guard officer may, upon complaint and notice to the
officer and a hearing at which the officer and his witnesses may appear and testify, be
determined by an efficiency board of three commissioned officers, senior in rank to the officer
whose fitness for service is under investigation. The board shall be appointed by the governor.]
[(b) If the findings of the board are unfavorable to the officer and are approved by the
governor, the officer shall be discharged.]
[(2)] (1) Commissions of officers of the National Guard may [also] be vacated upon
resignation[,] or absence without leave for three months[, upon the recommendation of an
efficiency board or] pursuant to the sentence of a military court.
[(3)] (2) (a) Officers of the National Guard rendered excess by the disbandment of their
organization shall be placed in the National Guard reserve.
(b) Officers may, upon their own application, be placed in the reserve.
[(4) Boards of efficiency are similar to, possess the same power to compel attendance
of witnesses, and shall follow the same form and procedure as courts of inquiry.]
Legislative Review Note
as of 2-3-04 3:19 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel