South Dakota Codified Laws 33-5-11. Conditions for discharge before expiration of enlistment
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;
Terms Used In South Dakota Codified Laws 33-5-11
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(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.
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.