KRS 38.120: Resignation of officers.

A commissioned officer tendering his resignation, if the Governor accepts it, shall receive

an honorable discharge if he is not under arrest or to be returned to a military court for

deficiency or delinquency. The Governor may not accept the resignation of an officer of

the Kentucky National Guard who has been charged with an offense under the Kentucky

Military Code of Justice which is tantamount to a felony under Kentucky criminal law.