Statute 48-2104: (KCMJ Art. 4) Dismissal of officer; right to trial by court-martial.
(a) The governor may dismiss any officer by a written order, but no such
written order shall be made until 60 days after the governor has
served on the officer a detailed statement of the reasons for dismissal. No
dismissal shall be made except for misconduct as defined in the punitive
articles of this code. Any officer dismissed by order of the governor may,
within 30 days of notice thereof, make a written application for
trial by court-martial, setting forth under oath, that the officer has been
wrongfully dismissed. The governor, upon receipt thereof, shall as soon as
practicable convene a general court-martial to try that officer on the
charges on which the officer was dismissed. A court-martial so convened has
jurisdiction to try the dismissed officer on those charges, and the
officer shall be considered to have waived the right to plead any statute
of limitations applicable to any offense with which the officer is charged. The
court-martial may, as part of its sentence,
adjudge the affirmance of the
dismissal, but if the court-martial acquits the accused or if the
sentence adjudged, as finally approved or affirmed, does not include
dismissal, the adjutant general shall substitute for the dismissal ordered
by the governor a form of discharge authorized for administrative issue.
(b) If the governor fails to convene a general court-martial within 60
days from the presentation of an application for trial under
this code, the order of dismissal under subsection (a) is automatically
rescinded.
(c) If a discharge is substituted for a dismissal under this code, the
governor alone may reappoint the officer to the same grade and rank as that
former officer would have attained had the officer not been dismissed. The
reappointment of such a former officer may be made only if a vacancy is
available under applicable tables of organization. All the time between the
dismissal and the reappointment shall be considered as actual service for
all state purposes.
(d) If an officer is discharged from the state military forces by
administrative action or by board proceedings under law or is dropped from
the rolls by order of the governor, the officer has no right to trial under
this section.
History: L. 1972, ch. 203, § 48-2104;
L. 1988, ch. 191, § 2; July 1.