39-1-30 - Officers of National Guard -- Commissions.
39-1-30. Officers of National Guard -- Commissions.
(1) All officers of the National Guard shall be appointed by the governor, subject to theapproval of the National Guard Bureau, or subject to approval as prescribed by the laws of theUnited States or related rules or regulations governing the National Guard.
(2) An officer may not be commissioned unless he successfully passes tests, bothphysical and mental, as prescribed by the National Guard Bureau, and unless he has taken theoath prescribed by the laws of the United States, is a citizen of the United States, and has beenselected from one of the following classes:
(a) officers or enlisted members of the National Guard;
(b) officers on the reserve or unassigned list of the National Guard;
(c) officers active or retired;
(d) former officers of the United States Army, Air Force, Navy, Marine Corps, orNational Guard;
(e) graduates from the service of the United States military, air, and naval academies, orgraduates of schools, colleges, and universities where a course in military science, as prescribedby the National Guard Bureau, is taught under the supervision of an officer of the regular army orregular air force; and
(f) for the technical branches and staff corps or departments, other civilians as areespecially qualified for that duty.
(3) However, officers appointed to staff corps or departments, or other staff positions,including officers of the pay, inspection, subsistence, and medical departments, shall have hadprevious military experience, and hold their positions until they shall have reached 64 years ofage, unless separated prior to that time by resignation, disability, or for other causes to bedetermined by a military court, court-martial, or other legally organized board convened for thatpurpose. Vacancies among these officers shall be filled by appointment as provided in thissection.
Amended by Chapter 22, 1989 General Session