S.D. Codified Laws § 33-5-11

Conditions for discharge before expiration of enlistment

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.

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.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.