Article 3. Enlisted Men of California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 3. >> Article 3.
The qualifications for enlistment and re-enlistment in the
National Guard and the term and the form of oath shall at all times
conform to the requirements of the laws of the United States and of
this State and the regulations from time to time promulgated by the
Department of the Army or the Department of the Air Force of the
United States for the government and guidance of the National Guard
except for former enlisted members 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
qualified for enlistment under the laws of the United States.
Every person who enlists or reenlists shall sign the
enlistment papers and take the oath required by the laws and
regulations of this State and of the United States. Such oath shall
be taken before any military or naval officer authorized to
administer oaths by the regulations or laws of the United States or
of this State. Any wilfully false statement so sworn to is perjury.
Appointments of noncommissioned and petty officers shall
conform to the tables of organization and to the rules and
regulations prescribed by the United States for the government and
administration of the National Guard. All noncommissioned and petty
officers shall be appointed by the commanding officer of the
division, brigade, regiment, separate battalion, squadron, marine
division, or similar organization, upon the recommendation of the
commanding officer of the unit in which they are to serve.
Noncommissioned and petty officers of separate companies, troops,
batteries, detachments, and similar units, not forming part of an
existing higher tactical organization, shall be appointed by the
Adjutant General. When an examination is required by federal laws or
regulations or by state regulations, no enlisted man or woman shall
be appointed until he or she has successfully passed the examination.
Privates, privates first class and noncommissioned officers
shall be appointed within authorized allotments and pursuant to the
rules and regulations prescribed by the United States for the
government and administration of the National Guard.
Enlisted men and women may be transferred to or from
organizations or units. Noncommissioned officers may be reduced one
or more grades upon good cause appearing therefor. In transferring or
reducing an enlisted man or woman or noncommissioned officer the
procedure laid down in regulations for the National Guard shall be
An order discharging a member of the militia may be vacated by the
Adjutant General for good cause; provided, a certificate or other
evidence of discharge has not been delivered to the discharged
Every enlisted man and woman who enters the National Guard or
who is a member of the unorganized militia when called into the
service of the state, may be provided by the state with a service or
dress uniform, or both, corresponding in make and general appearance
to the service or dress uniform of the United States Army.
(a) An enlisted member 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 shall be considered as state
service in computing length of state service for the purposes of this
(b) Upon application made within one year of retirement, the
person may, in the discretion of the Governor, be granted an honorary
advancement to the next rank 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. If recalled to either state or federal
active service, a person honorarily promoted under this subdivision
shall return to duty in that rank specified by federal law or
regulations applicable to the person.
(c) An enlisted member on active duty with the office of the
Adjutant General pursuant to Section 167 who is not a member of the
Public Employees' Retirement System and who has 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 enlisted members of the reserve components of the Army
of the United States on extended active duty. In these cases, the
length of service shall be computed as provided in this section and
When an enlisted man or woman of the National Guard is
sixty-four years of age, he or she shall be retired from active
service or discharged.
In time of war or other emergency or imminent danger thereof,
the Governor may detail retired enlisted men and women to active duty
and on conclusion of the emergency return them to the retired list.
Separation from service of an enlisted man or woman of the
National Guard or the unorganized militia called into active service
is effected by death or by discharge by proper authority.
The following shall be causes for discharge of enlisted
(a) Expiration of term of service.
(b) Attainment of the age of 64 years.
(c) Acceptance of appointment as a commissioned officer in the
state or federal service.
(d) To enlist in the United States Army, Navy, Marine Corps, or
(e) To accept appointment in the United States Military Academy,
Naval Academy, or Coast Guard Academy.
(f) To accept appointment as a flying cadet.
(g) To re-enlist.
(h) Discontinuance of the organization in which the person is
(i) Change of residence.
(j) Certificate of disability.
(k) Inaptness or misconduct.
(l) Fraudulent enlistment.
(m) Action of civil or military court.
(n) Draft into the service of the United States.
(o) Business or educational interference.
(p) Any other reason which the Governor deems adequate and
(q) For the best interests of the military service.
(r) For the good of the service.
(s) For absence without leave.
(a) 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 such 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 which are not inconsistent with this code.
(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
An enlisted man or woman discharged from the National Guard or
the unorganized militia when called or ordered into active service
of the state shall receive a discharge in writing in a form and with
those qualifications as may be prescribed under the laws and
regulations prescribed for the government of the National Guard by
the United States and that are not inconsistent with this code. The
certificates of discharge may be in the form of an honorable, a
general, or undesirable discharge. Bad conduct and dishonorable
discharges shall be awarded only by courts-martial as provided in
When an enlisted man or woman of the National Guard or the
unorganized militia called into active service is absent without
leave and there is reason to believe that the enlisted man or woman
does not intend to return; or quits his or her organization or place
of duty with the intent to avoid hazardous duty or to shirk important
service, that person is a deserter.
With the express authority of the Governor, a deserter may be
dropped from the rolls of his organization. Any soldier discovered to
be a deserter from the military or naval service of the United
States shall, if not under charges, be dropped from the rolls.
Lists of deserters shall be published by The Adjutant General
in orders, from time to time as the Governor directs.
An enlisted man or woman who has been dropped as a deserter
shall not be restored to duty without prior disposition of the charge
of desertion standing against him or her. The charge shall be
disposed of by trial by court-martial; by restoration to duty,
desertion admitted, upon a written application of the soldier
admitting the desertion; or by the setting aside of the charge of
desertion in case it had been erroneously made.
A deserter shall not be restored to duty without trial except
by the Governor or by an officer authorized to appoint a general
court-martial. Restoration to duty without trial shall not remove the
charge of desertion or relieve the enlisted man or woman from any of
the forfeitures attached to that offense. Setting aside a charge of
desertion as having been erroneously made shall remove the charge of
desertion and all stoppages and forfeitures arising therefrom.
All time lost while absent without leave or in desertion, in
excess of twenty-four hours, shall be made good unless the enlisted
man or woman is sooner discharged by proper authority.
No enlisted man or woman who has been dishonorably discharged
from the military or naval service of this state, or of another
state, territory or district, or of the United States shall be
permitted to enter again the military or naval service of this state
without the approval of the Governor of this state.