KRS 38.130: Discharge of officer for unfitness for service.

The Governor may order any commissioned officer before an efficiency board consisting

of three (3) officers senior in rank to the officer whose fitness for service is under

examination. The board shall have the powers of courts of inquiry and courts -martial to

subpoena witnesses and produce testimony and shall inquire into the moral character,

capacity and general fitness of the commissioned officer. The board shall make a record

of all proceedings. If the findings of the board are unfavorable to the office r and are

approved by the Governor, he shall be discharged from the service. No officer shall

participate in the examination or decision of the board in any case in which the decision

would affect his own grade or promotion. Failure to appear when ordered before a board

constituted under this section shall be sufficient grounds for a finding of the board that

the officer ordered to appear be discharged.