N.Y. Military Law § 20: State reserve list

§ 20. State reserve list. 1. Any commissioned or warrant officer of

the organized militia may be transferred to the state reserve list on

his own request approved by the commander of the force of which such

officer is a member.

2. Any commissioned or warrant officer of the organized militia who

has tendered his resignation or has been rendered surplus by reduction,

disbandment or reorganization of a unit or denial, withdrawal or

termination of his federal recognition or for any other reason, unless

transferred to the inactive national guard may be relieved from duty or

command and may be transferred to the state reserve list.

3. Any person who has served as a commissioned or warrant officer in

the organized militia or in the armed forces of the United States and

(a) has been honorably discharged therefrom, or (b) has a qualifying

condition, as defined in section one of the veterans' services law, and

has received a discharge other than bad conduct or dishonorable from

such service, or (c) is a discharged LGBT veteran, as defined in section

one of the veterans' services law, and has received a discharge other

than bad conduct or dishonorable from such service, may be commissioned

and placed on the state reserve list in the highest grade previously

held by him or her after complying with such conditions as may be

prescribed by regulations issued pursuant to this chapter.

4. Upon the recommendation of the adjutant general, any officer

eligible to be transferred to or placed upon the state reserve list

under the provisions of this section, who has served for at least

twenty-five years in the organized militia or in the armed forces of the

United States or in two or more of such forces combined for at least

twenty-five years may be transferred to or placed upon the state reserve

list by the governor in a grade one grade higher than the highest grade

previously held by him; provided that at least five years of such

service shall have been in the organized militia. In computing such

twenty-five year period, service as an enlisted man shall be counted.

5. Upon the recommendation of the adjutant general, the governor may

order any person on the state reserve list to active duty in or with the

organized militia for periods of not more than three months each in

which case such person shall rank in his grade from the date of such

order.

6. Time spent on the state reserve list shall not be credited in the

computation of seniority, pay, length of service for promotion or

otherwise, or retirement or any of the privileges and exemptions

pertaining thereto, except that the time during which he served on

active duty by order of the governor shall be so credited.

7. The provisions of this chapter relative to the resignation,

retirement, court-martial, dismissal and discharge of commissioned

officers and warrant officers of the organized militia including

discharge on the findings of an efficiency or medical examining board

shall be applicable to officers and warrant officers on the state

reserve list.

8. A commissioned officer or warrant officer on the state reserve list

may be dropped from the rolls if he fails to report to the chief of

staff of the state as prescribed by regulations issued pursuant to this

chapter.