Article 2. Officers of California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 3. >> Article 2.
All officers shall be commissioned by the Governor. All
appointments of officers shall be made and all vacancies shall be
filled in the manner provided by the laws and regulations of the
United States Army and United States Air Force.
All officers duly commissioned shall take the oath of office
prescribed by the laws of the United States relating to the
appointment and recognition of federally recognized officers of the
National Guard and in addition thereto any other oath prescribed by
law, and file or be covered by the bond provided for in this
Persons to be commissioned in the National Guard shall be
selected from those eligible for federal recognition in accordance
with Army and Air National Guard Regulations promulgated from time to
time by the Department of the Army or the Department of the Air
Force of the United States and from former commissioned officers of
the United States Army, United States Air Force, United States Navy,
or any reserve component thereof, who were honorably separated
therefrom but are no longer eligible for federal recognition.
All officers, warrant officers, and enlisted men and women of
the militia and all persons on duty with the militia shall give any
bonds and security as may be required and within the time prescribed
by the Adjutant General to secure the state against loss on account
of misuse or misapplication of state or company property or funds or
the property or funds of the United States in use by the State of
All bonds shall be conditioned upon the faithful performance of
all duties and the accounting for all property and moneys, including
organization funds, for which the obligee is responsible or
The Adjutant General may in lieu of the foregoing enter into an
agreement conditioned in like terms and for the same purpose with a
qualified surety company to bond all officers, warrant officers, and
enlisted men and women of the militia, and all persons on duty with
the militia without specifically naming them. The agreement shall
also provide that the report and final action of military or naval
authorities having jurisdiction for fixing responsibility for loss or
damage shall be conclusive proof of the responsibility or liability
of any officer, warrant officer, or enlisted man or woman in a suit
brought to enforce the obligation of the bond.
The premiums on bonds shall be charged to those funds appropriated
for the support of the militia as the Governor directs.
Rank: How Determined. All officers of the National Guard shall
take rank according to the date assigned them by their commissions,
which date shall be that of their appointment, except that in the
case of an officer who has previously held the same or a higher grade
in the California National Guard, California Air National Guard, the
Officers' Reserve Corps, or has performed active duty in the same or
a higher grade in the armed forces of the United States, his date of
rank shall antedate his date of appointment by the length of time he
has previously held such grade or performed such active duty. When
two officers of the same grade are commissioned as of the same date,
their rank shall be determined, first, by the length of previous
services as an officer in the National Guard; second, by the length
of previous military service in the National Guard; third, according
to age, the eldest taking precedence.
Warrant officers of the National Guard shall be appointed by
the Governor. The classes of persons from which warrant officers may
be appointed shall be the same as are provided in the rules and
regulations adopted by the United States for the control,
administration and government of the National Guard so far as the
same are not inconsistent with this code and from former commissioned
or warrant officers of the United States Army, United States Air
Force, United States Navy, or any reserve component thereof, who were
honorably separated therefrom but are no longer eligible for federal
recognition. Warrant officers shall be separated from the service,
discharged and dismissed and shall have the same privileges
respecting retirement as commissioned officers, and shall have all
other powers, privileges and duties authorized by the laws and
regulations of the United States and customs of the service.
Every officer shall provide himself with the arms, uniforms,
and equipment prescribed and approved by the Governor.
When an officer of the National Guard is sixty-four years of
age, he shall be retired from active service and placed on the
(a) A commissioned or warrant officer of the California
National Guard who has served 20 years in the active service of the
state may, on application, in the discretion of the Governor, be
retired. Service in the United States Army, United States Air Force,
United States Navy, or any reserve component thereof is considered
state service in computing length of state service for the purposes
of this section.
(b) Upon application made within one year of retirement, the
officer may, in the discretion of the Governor, be granted an
honorary advancement to the next grade above that held on the date of
application for retirement. The Adjutant General shall adopt
regulations governing the application procedure, qualifications
required, and rights and privileges in connection with honorary
post-retirement promotions under this subdivision. If recalled to
either state or federal active service, a person honorarily promoted
under this subdivision shall return to duty in that grade specified
by federal law or regulations applicable to the person.
(c) Commissioned and warrant officers on active duty with the
office of the Adjutant General pursuant to Section 167 who are not
members of the Public Employees' Retirement System and who have been
on active duty with the office of the Adjutant General for a total of
10 years shall, on application, be retired in accordance with the
federal law and regulations which on the date of application govern
the retirement of commissioned and warrant officers of the reserve
components of the Army of the United States on extended active duty.
Retirement from state active duty with the office of the Adjutant
General does not prohibit a person from active service in the
California National Guard. In these cases, the length of service
shall be computed as provided in this section and Section 215.
When a board of officers finds that an officer is
incapacitated for active service, and that his or her incapacity is
the result of an incident of the service, and its decision is
approved by the Governor, the officer shall be retired from active
service and placed on the retired list of officers. When a board of
officers finds the incapacity of an officer is not the result of any
incident of the service, and its decision is approved by the
Governor, the officer shall be retired from active service, or
discharged, as the Governor may determine.
The Governor may detail, with their own consent, officers or
noncommissioned officers of the retired list to active duty and
return them to the retired list in his or her discretion. Officers or
noncommissioned officers retired for age may not be detailed to
command troops, but only to perform duties of staff corps or
departments, or to sit on boards, except in time of war or other
emergency, or imminent danger thereof, when retired officers or
noncommissioned officers may be detailed by the Governor, without
their consent, to perform any military duty designated by the
The provisions of sections 232 to 237, inclusive, shall apply
with equal force to commissioned officers of the National Guard and
the unorganized militia when called into active service.
The commission of an officer shall be vacated by death, by
acceptance by proper authority of resignation, by discharge on
account of inefficiency, for physical disqualifications, when dropped
from the rolls for an absence without leave for three months, by
permanent change of residence to a place outside this State, by
discharge to accept a commission in the United States Army, United
States Air Force, United States Navy, or a reserve component thereof,
when transferred to the United States Army Reserve upon the
expiration of six months as a member of the Inactive National Guard,
upon a finding by the Adjutant General that the officer is a security
risk as a result of subversive activity, personal traits of
character, or by dismissal pursuant to sentence of a general
An officer who desires to resign shall submit his resignation
to the Governor, whose action thereon shall be final. The Governor
may refuse to accept a resignation when the officer is under
investigation, under charges, awaiting result of trial, absent
without leave, absent in the hands of civil authorities, in default
with respect to State or Federal funds or property, in time of war or
when war is imminent, in time of civil stress or emergency, or on
account of the exigencies of the service.
At any time the moral character, capacity, and general fitness
for service of an officer may be determined by an efficiency board.
The board shall be appointed by order of the Governor, and shall
consist of three commissioned officers, senior in rank to the officer
under investigation. The findings and recommendations of the board
shall be transmitted to the Governor, who shall approve or disapprove
the findings. If the approved findings are unfavorable to the
officer, he shall be ordered discharged.
At any time the physical fitness for service of an officer may
be determined by a board of three medical officers, which shall be
appointed by the Governor for that purpose. The findings and
recommendations of the board shall be transmitted to the Governor. If
the officer is found to be physically unfit for service and the
finding is approved by the Governor, he shall be ordered discharged
or retired from active service.
An officer absent without leave for a period of three months
shall, with the approval of the Governor, be discharged. Such
discharge shall be a general discharge under honorable conditions.
An officer may be dismissed from the service only by sentence
of a general court-martial, which sentence is approved by the
No officer who has been dismissed from the military or naval
service of the State shall be permitted again to enter the military
or naval service of the State without the approval of the Governor of
this State. No officer who has resigned for the good of the service,
or who has been discharged under conditions other than honorable on
account of inefficiency, or on account of absence without leave,
shall be permitted to enter the military or naval service of the
State without the approval of the Governor of this State.
The Governor may assign, reassign, or transfer commissioned
officers and warrant officers from one organization to another or to
the retired or the reserve list when deemed for the benefit of the
California National Guard. The Governor may direct the Adjutant
General to take any action under this section.