Section 38A:5-8 - Vacating commissions or warrantsThe commission or warrant of an officer shall be vacated:
(a) Upon acceptance by the Governor of the resignation of such officer; or(b) By an order of the Governor discharging such officer:(1) For his failure to maintain his qualifications for Federal recognition; or(2) For the scheduled or actual termination or withdrawal of his Federal recognition where Federal recognition is a prerequisite for continued service; or(3) For a change in Federal reserve status which makes him ineligible to continue assigned to a unit of the organized militia; or(4) For his absence from duty without leave for more than 3 months; or(5) Pursuant to the recommendation of a board of examination or the sentence of a court-martial.