39A-3-104. Service members -- Appointment and promotion.
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Effective 5/4/2022
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