N.Y. MIL Law § 20 — New York Code / Act MIL / Article 1 / Section 20
State reserve list
Status: in_force

§ 20. State reserve list. 1. Any commissioned or warrant officer of\nthe organized militia may be transferred to the state reserve list on\nhis own request approved by the commander of the force of which such\nofficer is a member.\n  2. Any commissioned or warrant officer of the organized militia who\nhas tendered his resignation or has been rendered surplus by reduction,\ndisbandment or reorganization of a unit or denial, withdrawal or\ntermination of his federal recognition or for any other reason, unless\ntransferred to the inactive national guard may be relieved from duty or\ncommand and may be transferred to the state reserve list.\n  3. Any person who has served as a commissioned or warrant officer in\nthe organized militia or in the armed forces of the United States and\n(a) has been honorably discharged therefrom, or (b) has a qualifying\ncondition, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, or (c) is a discharged LGBT veteran, as defined in section\none of the veterans' services law, and has received a discharge other\nthan bad conduct or dishonorable from such service, may be commissioned\nand placed on the state reserve list in the highest grade previously\nheld by him or her after complying with such conditions as may be\nprescribed by regulations issued pursuant to this chapter.\n  4. Upon the recommendation of the adjutant general, any officer\neligible to be transferred to or placed upon the state reserve list\nunder the provisions of this section, who has served for at least\ntwenty-five years in the organized militia or in the armed forces of the\nUnited States or in two or more of such forces combined for at least\ntwenty-five years may be transferred to or placed upon the state reserve\nlist by the governor in a grade one grade higher than the highest grade\npreviously held by him; provided that at least five years of such\nservice shall have been in the organized militia. In computing such\ntwenty-five year period, service as an enlisted man shall be counted.\n  5. Upon the recommendation of the adjutant general, the governor may\norder any person on the state reserve list to active duty in or with the\norganized militia for periods of not more than three months each in\nwhich case such person shall rank in his grade from the date of such\norder.\n  6. Time spent on the state reserve list shall not be credited in the\ncomputation of seniority, pay, length of service for promotion or\notherwise, or retirement or any of the privileges and exemptions\npertaining thereto, except that the time during which he served on\nactive duty by order of the governor shall be so credited.\n  7. The provisions of this chapter relative to the resignation,\nretirement, court-martial, dismissal and discharge of commissioned\nofficers and warrant officers of the organized militia including\ndischarge on the findings of an efficiency or medical examining board\nshall be applicable to officers and warrant officers on the state\nreserve list.\n  8. A commissioned officer or warrant officer on the state reserve list\nmay be dropped from the rolls if he fails to report to the chief of\nstaff of the state as prescribed by regulations issued pursuant to this\nchapter.\n