§ 71. Qualifications. No person shall be appointed or promoted as a
commissioned officer of the organized militia unless he shall have
passed such examination as to his physical, moral and professional
qualifications as may be prescribed by the laws of the United States and
by this chapter and the regulations issued thereunder. No person shall
be recognized as a commissioned officer of the organized militia and no
appointment as such shall become effective until he shall have taken and
subscribed an oath of office.

Any person who has been dismissed or dishonorably discharged from the
organized militia of this or any other state or from the armed forces of
the United States and has not been restored to duty or any commissioned
officer who was discharged from the organized militia as a result of the
findings of an efficiency examining board or whose resignation from the
organized militia was accepted by the governor at a time when such
officer was under arrest or under charges for the commission of an
offense punishable by a court-martial shall not be eligible for
appointment as a commissioned officer in any force of the organized
militia.