§ 19-9-301 — National guard officers generally

Wyoming § 19-9-301

• Jurisdiction: Wyoming
• Title 19: Defense Forces and Affairs
• Ch. 9: WYOMING NATIONAL GUARD
• Art. 3: OFFICERS AND ENLISTED PERSONNEL; GENERALLY

Text

(a) All officers of the national guard of Wyoming shall be
appointed by the governor of Wyoming as provided in national
guard regulations except such officers as may be commissioned by
the governor in an honorary status or in a state status without
regard to their allocation or qualification by the department of
defense of the United States.
(b) All officers appointed in the national guard of
Wyoming except the adjutant general, assistant adjutants general
and additional general officers shall hold their membership
until they have reached seventy (70) years of age unless retired
or discharged prior to that time. No officer possesses a
property interest in any duty position. The adjutant general is
the discharge authority for all officers except the adjutant
general, for which the governor shall be that authority. Any
officer may be discharged from the Wyoming national guard
according to procedures established by orders and regulations
prescribed or promulgated by the adjutant general or according
to federal law and regulation. An officer discharged from the
United States air force or army reserves or who has his federal
recognition withdrawn shall also be discharged from the Wyoming
national guard effective as of the date of discharge from the
reserves or withdrawal of federal recognition.
(c) Initial appointments and promotions shall be made from
the best qualified officers available for service in a unit or
organization. The adjutant general shall for federal promotions
and as required by federal regulation, submit recommendations
personally or through a federal recognition board appointed by
the adjutant general. For state promotion of officers, the
adjutant general shall be the promotion authority.
(d) Repealed By Laws 2003, Ch. 19, § 2.
(e) The moral character, capacity and general fitness for
the service of any national guard officer may be determined at
any time by an administrative board as provided by applicable
law and regulations. Commissions of officers of the national
guard may be vacated upon resignation or absence without leave
for three (3) months upon the recommendation of an
administrative board or pursuant to sentence of a courts-
martial.
(f) The compensation of all officers when on duty by order
of the governor shall be the same as paid to officers of like
grade in the regular armed forces of the United States including
longevity pay and allowances for federal and national guard
service.
(g) Within ten (10) days of his appointment an officer
shall take and subscribe the oath provided in national guard
regulations and the oath provided by the Wyoming constitution
for all state officers. The officer who administers the oaths
shall certify the facts and transmit the oaths or affirmations
properly sealed and attested to the adjutant general, who shall
file the same. A commission signed by the governor and
countersigned by the adjutant general under seal of the adjutant
general's office shall then be issued to all officers qualified
as provided for in national guard regulations, to take rank from
date of original appointment. The rank of all officers now in
the service or hereafter commissioned shall date from date of
taking the oath of office.
(h) The resignation of officers shall be addressed to the
governor and transmitted to the adjutant general through the
regular military channels. All commanding officers before
forwarding a resignation shall endorse thereon their approval or
disapproval, together with all facts bearing on the case. An
officer tendering his resignation shall not be considered out of
the service until his resignation is accepted. Upon acceptance
of the resignation of a commissioned officer, the adjutant
general with the approval of the governor, shall issue
termination orders.
(j) Repealed By Laws 2003, Ch. 19, § 2.