33-5-1
Qualifications and procedures for enlistment.
33-5-2
Repealed.
33-5-3
Repealed.
33-5-4
Repealed.
33-5-5
Repealed.
33-5-6 to 33-5-8. Repealed.
33-5-9
Repealed.
33-5-10
Change of residence within state.
33-5-11
Conditions for discharge before expiration of enlistment.
33-5-12 to 33-5-15. Repealed.
33-5-15.1
Failure to return military property as theft.
33-5-16
Repealed.
33-5-17
Discharges subject to state and federal law.
33-5-18
Rules governing discharges.
33-5-1. Qualifications and procedures for enlistment.
Any person who is a citizen of the United States, or has declared the intention to become a citizen, who is within the age limits currently authorized by the Department of Defense for enlistment in the active components of the United States armed forces, may be enlisted in the South Dakota National Guard under the restrictions of this title. The qualifications and procedures for enlistment are the same as those prescribed for admission to the reserve components of the armed forces of the United States.
Source: PolC 1877, ch 30, § 12; SL 1887, ch 100, § 15; CL 1887, § 1931; SL 1893, ch 117, § 7; RPolC 1903, § 2473; SL 1913, ch 267, § 26; SL 1917, ch 297, § 32; RC 1919, § 10586; SDC 1939, § 41.0138; SL 1947, ch 180, § 5; SL 1972, ch 186, § 1; SL 2007, ch 187, § 52.
33-5-10. Change of residence within state.
If a member of the National Guard changes primary residence within the state, the member may be transferred to a unit of the National Guard located at the place of the new primary residence. If there is no organization of the National Guard located within fifty miles of the member's new primary residence or if no unit vacancy exists in a National Guard unit located within fifty miles of the new primary residence, the member may be transferred to the inactive National Guard or individual ready reserve by order of the Governor.
Source: SL 1887, ch 100, § 17; CL 1887, § 1933; RPolC 1903, § 2475; SL 1913, ch 267, §§ 30, 31; SL 1917, ch 297, § 35; RC 1919, § 10593; SDC 1939, § 41.0145; SL 1972, ch 186, § 2; SL 2007, ch 187, § 56.
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;
(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.
33-5-15.1. Failure to return military property as theft.
Any person who fails to return any military property, equipment, or other items belonging to the armed forces of the United States, any reserve component, or the South Dakota National Guard, or any element or component thereof, is guilty of theft. The degree of theft shall be determined pursuant to § 22-30A-17.
Source: SL 1990, ch 262, § 2.
33-5-17. Discharges subject to state and federal law.
All discharges from the National Guard are subject to the provisions of this title, the applicable provisions of federal law, and the rules promulgated by the adjutant general pursuant to chapter 1-26.
Source: SL 1917, ch 297, § 35; RC 1919, § 10595; SDC 1939, § 41.0147; SL 1986, ch 272, § 6; SL 2007, ch 187, § 63.
