On the recommendation of the Adjutant General, the Governor may grant to an officer of the organized militia a brevet commission of the next higher grade than the regular commission held by the officer. The Governor may grant a brevet commission to an officer of the organized militia of a grade equal to the highest grade in which the officer previously served in the organized militia or in the armed forces. A brevet commission carries only the rights or privileges that are allowed in like cases in the military service of the United States.

A commission of an officer of the organized militia may be vacated: on resignation; through absence without leave for 3 months; on recommendation of an efficiency board; under a sentence of a court–martial; or on conviction of a crime punishable by incarceration for 1 year or more in any state or federal court.

A commissioned officer of the organized militia tendering a resignation shall receive an honorable discharge if: the Governor accepts the resignation; the officer is not under arrest or returned to a military court for a deficiency or delinquency; the officer is not indebted to the State; and the accounts of the officer for money or public property are correct. If the Governor accepts the resignation of an officer who, at the time of the resignation, is under arrest, under charges, or returned to a military court for an offense, deficiency, or delinquency, the officer shall: cease to be an officer; and receive a discharge in a form that the Governor directs. An officer who resigns under paragraph (1) of this subsection is not eligible to receive a commission unless the officer: reenlists; and performs at least 100% of duty in each year of the reenlistment for 2 successive years.