CHAPTER 3. The National Guard [210. - 270.]

Chapter 3 enacted by Stats. 1935, Ch. 389.

§§ 210–270 · 51 sections

1. ARTICLE 1. Membership §§ 210–217 · 8 sections

   • § 210 The National Guard consists of: (a) General officers. (b) The several staff corps and departments prescribed in tables of organization of the United States…
   • § 211 The Governor may alter, divide, annex, consolidate, disband, or reorganize any organization, department, or corps and create new organizations, departments, or…
   • § 212 The inactive National Guard shall consist of those organizations, officers, and enlisted persons as are authorized and prescribed by the laws of the United…
   • § 213 Members of the California National Guard who have reverted from federal control to state control thereby become members of the State Guard and are subject to…
   • § 214 During the absence of organizations of the National Guard in the service of the United States, their State or Federal designations shall not be given to new…
   • § 215 For all purposes under this code, commissioned officers, warrant officers and enlisted persons of the California National Guard, California Air National Guard,…
   • § 216 Former members of the National Guard who have been honorably discharged for “expiration of term of service” or on account of “removal” and have returned to the…
   • § 217 The California National Guard shall inform its members that it will assist noncitizen members in acquiring United States citizenship as soon as they are…
2. ARTICLE 2. Officers §§ 220–240 · 22 sections

   • § 220 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…
   • § 221 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…
   • § 222 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…
   • § 223 All officers, warrant officers, and enlisted persons of the militia and all persons on duty with the militia shall give any bonds and security as may be…
   • § 224 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…
   • § 225 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…
   • § 226 Every officer shall provide himself with the arms, uniforms, and equipment prescribed and approved by the Governor.
   • § 227 When an officer of the National Guard is sixty-four years of age, he shall be retired from active service and placed on the retired list.
   • § 228 (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…
   • § 229 When a board of officers finds that an officer is incapacitated for active service, and that their incapacity is the result of an incident of the service, and…
   • § 230 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…
   • § 231 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…
   • § 232 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…
   • § 232.5 An officer who resides outside this state shall be permitted to transfer to the National Guard of any other state or territory or to the United States Army…
   • § 233 An officer who desires to resign shall submit their resignation to the Governor, whose action thereon shall be final. The Governor may refuse to accept a…
   • § 234 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…
   • § 235 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…
   • § 236 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…
   • § 237 An officer may be dismissed from the service only by sentence of a general court-martial, which sentence is approved by the Governor.
   • § 238 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…
   • § 239 The Governor may assign, reassign, or transfer commissioned officers and warrant officers from one organization to another or to the retired or the reserve…
   • § 240 (a) A person is not eligible to commission as an officer or warrant officer in the California National Guard if they actively participate in any of the…
3. ARTICLE 3. Enlisted Persons §§ 250–270 · 21 sections

   • § 250 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…
   • § 251 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…
   • § 252 Appointments of noncommissioned and petty officers shall conform to the tables of organization and to the rules and regulations prescribed by the United States…
   • § 253 Privates, privates first class and noncommissioned officers shall be appointed within authorized allotments and pursuant to the rules and regulations…
   • § 254 Enlisted persons may be transferred to or from organizations or units. Noncommissioned officers may be reduced one or more grades upon good cause appearing…
   • § 255 Every enlisted person 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…
   • § 256 (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…
   • § 257 When an enlisted person of the National Guard is 64 years of age, they shall be retired from active service or discharged.
   • § 258 In time of war or other emergency or imminent danger thereof, the Governor may detail retired enlisted persons to active duty and on conclusion of the…
   • § 259 Separation from service of an enlisted person of the National Guard or the unorganized militia called into active service is effected by death or by discharge…
   • § 260 The following are causes for discharge of enlisted personnel: (a) Expiration of term of service. (b) Attainment of the age of 64 years. (c) Acceptance of…
   • § 261 (a) (1) Except as provided in subdivision (b), the discharge of enlisted personnel under the provisions of Section 260 shall be effected by order of the…
   • § 262 An enlisted person discharged from the National Guard or the unorganized militia when called or ordered into active service of the state shall receive a…
   • § 263 When an enlisted person of the National Guard or the unorganized militia called into active service is absent without leave and there is reason to believe that…
   • § 264 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…
   • § 265 Lists of deserters shall be published by The Adjutant General in orders, from time to time as the Governor directs.
   • § 266 An enlisted person who has been dropped as a deserter shall not be restored to duty without prior disposition of the charge of desertion standing against them.…
   • § 267 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…
   • § 268 All time lost while absent without leave or in desertion, in excess of twenty-four hours, shall be made good unless the enlisted person is sooner discharged by…
   • § 269 No enlisted person who has been dishonorably discharged from the military or naval service of this state, or of another state, territory or district, or of the…
   • § 270 A person is not eligible to enlist in the California National Guard if they actively participate in any of the conduct set forth in subdivision (a) of Section…