West Virginia · statute · W. Va. Code ch. 15 · 636 active provisions
When used in articles one, one-a, one-b, one-c, one-d, one-f and one-g of this chapter, unless a different meaning is plainly required by the context: (a) The term "military forces of the state" shall mean the organized militia, the state retired list, the honorary militia and the state guard, and all other components…
The Governor shall be commander in chief of the military forces of the state, except those which are in the service of the United States.
The Governor shall issue regulations for the governance of the military forces of the state which shall have the force and effect of law. Such regulations shall conform to the provisions of this chapter, and as nearly as practicable to the laws and regulations of the United States governing the Armed Forces of the Unit…
a. The Governor may order all or any part of the organized militia and the state guard or any other person with their consent to active service of the state and all members of the organized militia and the state guard shall be liable for such service. b. The Governor may order the organized militia or any part thereof…
When the organized militia, or any part thereof, is called for active service of the United States under the Constitution and laws of the United States, the Governor shall order the same to service, and if the number available is insufficient, the Governor may call for and accept as many volunteers as are required for…
a. The duty of maintaining and governing the military forces of the state not in the service of the United States rests upon the state, subject to Constitutional authority. The purpose of such forces are twofold; national defense and service of the state. Their efficiency for both purposes necessarily depends upon syst…
The Adjutant General's department shall be a part of the executive branch of the government charged with the organization, administration, operation and training, supply and discipline of the military forces of the state. The Adjutant General shall be the executive head of the Adjutant General's department, and shall e…
The Adjutant General is hereby authorized and empowered to negotiate for, secure and adopt for all employees of the Adjutant General's department, whether civilian or military and whether paid with state or federal funds, a policy or policies of group insurance written by a carrier or carriers chartered under the laws…
The Adjutant General shall be appointed by the Governor, by and with the advice and consent of the Senate, for a term of four years. He or she shall have the rank of major general, or such other rank as is recognized by federal authority. No person may be appointed Adjutant General unless he or she has had at least six…
(a) The Adjutant General shall be chief of staff to the Governor and commanding general of the organized militia. He or she shall direct the planning and employment of the military forces of the state in carrying out their state mission, establish unified command of state forces whenever jointly engaged, coordinate the…
The Adjutant General shall purchase, out of any funds appropriated by the Legislature for such purpose, an adequate public liability insurance covering all members of the organized militia while operating any land motor vehicle possessed or maintained by the organized militia: Provided, That no policy or contract of pu…
The Governor shall appoint an assistant Adjutant General for air and an assistant Adjutant General for army, each with the rank of brigadier general, or any other rank recognized by federal authority, who shall be the deputy commander of the air National Guard and the deputy commander of the army National Guard, respec…
The National Guard shall be organized, equipped, disciplined, governed, administered and trained in accordance with the laws and regulations of the federal government for the purpose of organization and governance of the same, and for that purpose, the Governor is authorized to organize, reorganize or disband any unit,…
The army National Guard shall comprise the army units including army aviation units, which are a part of the West Virginia National Guard and the personnel enlisted, appointed, or commissioned therein. All members of the army National Guard shall be federally recognized as such.
The air National Guard shall comprise the air units of the West Virginia National Guard, except army aviation units, and the personnel enlisted, appointed or commissioned therein. All personnel of the air National Guard shall be federally recognized as such.
a. Oath, appointment and promotion of officers shall be made in conformity with applicable rules and regulations of the federal government. b. Every officer duly commissioned shall, within ten days, after his commission is tendered to him or within ten days after he shall be personally notified that the same is held in…
a. Commissioned officers who shall be rendered surplus by reduction, consolidation, or disbandment of organizations, or in any manner provided by law, may be transferred to the inactive National Guard in conformity with applicable rules and regulations prescribed by federal authority, or may be discharged. b. An office…
a. No officer of the National Guard shall be dismissed unless by reason of resignation, approval of findings of an efficiency or medical examining board, withdrawal of federal recognition, the sentence of a court-martial, or for cause as provided in subsection d of this section. b. The efficiency, moral character, inco…
Noncommissioned officers shall be appointed and promoted and may be reduced in accordance with applicable federal laws and regulations: Provided, however, That in active service of the state, in cases requiring immediate example, a noncommissioned officer may be reduced to the ranks by his immediate commander, subject…
(a) The qualification for enlistment and reenlistment, the period of enlistment, reenlistment and voluntary extension of enlistment, the period of service and the manner and form of transfer and discharge of enlisted personnel of the National Guard shall be as prescribed by applicable federal law and regulations: Provi…
a. Enlisted men may be honorably discharged, discharged, or discharged dishonorably; but in no case may an enlisted man be dishonorably discharged unless by sentence of a general court- martial, except as hereinafter provided. No enlisted man shall be honorably discharged from service unless he produces the certificate…
The inactive National Guard shall consist of the persons commissioned, appointed or enlisted therein at the effective date of this article, such officers and enlisted personnel as may hereafter be transferred thereto from the army National Guard and the air National Guard, and such persons as may be enlisted therein, u…
(a) The uniforms, arms, equipment, and supplies necessary for performance of duties shall be those prescribed by applicable federal laws and regulations. Officers shall provide themselves with uniforms and equipment prescribed, and there shall be annually allowed, to aid them in procuring and maintaining the same in co…
a. Military property of the state and of the United States shall be issued, safeguarded, maintained, accounted for, inventoried, inspected, surveyed and disposed of as provided in applicable laws and regulations of the United States and regulations issued by the Adjutant General pursuant to this chapter. b. Every offic…
a. Members and units of the organized militia shall assemble for drill, or other equivalent training, instruction or duties during each year and shall participate in field training, encampments, maneuvers, schools, conferences, cruises or other similar duties each year as may be prescribed by the applicable laws and re…