Effective 5/4/2022
39A-3-104. Service members — Appointment and promotion.
39A-3-104. Service members — Appointment and promotion.
- (1) All officers of the National Guard shall be appointed by the governor and receive a state commission.
- (2) The power of appointment may be delegated to the adjutant general, and further delegated as the adjutant general considers necessary.
- (3) Appointments are subject to approval as prescribed by the laws of the United States or related rules or regulations governing the National Guard.
- (4) The appointment, promotion, and withdrawal of a federal commission shall be made in a manner consistent with all applicable federal policies, rules, instructions, or regulations.
- (5) The withdrawal of a state commission shall be made in accordance with National Guard regulations in effect at the time of consideration for the withdrawal.
- (6) The appointment, promotion, and reduction of enlisted personnel shall be made in a manner consistent with all applicable federal policies, rules, instructions, or regulations.
Enacted by Chapter 373, 2022 General Session