Section 38
SEC. 38. Whenever a recommendation is made pursuant to the provisions of the preceding section, and such recommendation is approved by superior commanders, it shall be the duty of the Commander in Chief to convene a board, consisting of not less than three nor more than five officers, senior in rank to the officer to be examined or of a different arm or corps, one at least of whom shall be a medical officer, to examine into the matter of such recommendation and the conduct and qualifications of the officer who is the subject thereof, and report to the Commander in Chief, through the adjutant-general, whether or not they approve such recommendation; if such recommendation is approved by the board of officers, then the officer who is the subject thereof shall be discharged from the military service and his commission vacated.