LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeMilitary and Veterans CodeDiv. 2Pt. 1Ch. 3Art. 3§ 261 Military Discharge Procedures

§ 261 Military Discharge Procedures

Military and Veterans Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 261 Military Discharge Procedures

This law explains how and why enlisted personnel in the National Guard can be discharged. It sets rules for different types of discharges, including what happens if someone is absent without leave for a long time.

Key Takeaways

  • •The Governor usually decides how enlisted personnel are discharged, following certain rules.
  • •If someone is absent without leave for 90 days or more, they can be discharged by the Adjutant General.
  • •Different types of discharges exist, like 'other than honorable' or 'general discharge under honorable conditions'.

Example

A soldier in the National Guard doesn't show up for duty for 90 days without telling anyone.

The Adjutant General can discharge this soldier with a 'general discharge under honorable conditions' because they were absent without leave for too long.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 261 Military Discharge Procedures

(a) (1) Except as provided in subdivision (b), the discharge of enlisted personnel under the provisions of Section 260 shall be effected by order of the Governor, under those regulations as may be prescribed, or as may be authorized by the laws and regulations prescribed for the government of the National Guard by the United States and that are not inconsistent with this code. (2) An enlisted person shall receive an other than honorable discharge pursuant to subdivision (t) of Section 260, in accordance with United States Department of Defense regulations and any applicable procedures and regulations of the individual service branches. (b) The Adjutant General may discharge a person who is absent without leave for a period of 90 days or more. The discharge under this subdivision shall be a general discharge under honorable conditions. (Amended by Stats. 2024, Ch. 774, Sec. 3. (SB 901) Effective January 1, 2025.)

Last verified: January 11, 2026

Key Terms

discharge of enlisted personnelother than honorable dischargegeneral discharge under honorable conditionsabsent without leave

Related Statutes

  • § 236 Military Absence Discharge Rules
  • § 263 Desertion By National Guard
  • § 268 Military Absence Time Recovery
  • § 232.5 Military Officer Transfer Rules
  • § 233 Officer Resignation Restrictions

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Military and Veterans Code. Section 261.
View Official Source