ARTICLE 2. Officers [220. - 240.]

Cal. Military and Veterans Code - MVC 2.
in effect

Cal. Military and Veterans Code - MVC § 220. Section 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 laws and regulations of the United States Army and United States Air Force.

Cal. Military and Veterans Code - MVC § 221. Section 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 federally recognized officers of the National Guard and in addition thereto any other oath prescribed by law, and file or be covered by the bond provided for in this division.

Cal. Military and Veterans Code - MVC § 222. Section 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 Regulations promulgated from time to time by the Department of the Army or the Department of the Air Force of the United States and from former commissioned officers 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 eligible for federal recognition.

Cal. Military and Veterans Code - MVC § 223. Section 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 required and within the time prescribed by the Adjutant General to secure the state against loss on account of misuse or misapplication of state or company property or funds or the property or funds of the United States in use by the State of California. All bonds shall be conditioned upon the faithful performance of all duties and the accounting for all property and moneys, including organization funds, for which the obligee is responsible or accountable. The Adjutant General may in lieu of the foregoing enter into an agreement conditioned in like terms and for the same purpose with a qualified surety company to bond all officers, warrant officers, and enlisted persons of the militia, and all persons on duty with the militia without specifically naming them. The agreement shall also provide that the report and final action of military or naval authorities having jurisdiction for fixing responsibility for loss or damage shall be conclusive proof of the responsibility or liability of any officer, warrant officer, or enlisted person in a suit brought to enforce the obligation of the bond. The premiums on bonds shall be charged to those funds appropriated for the support of the militia as the Governor directs.

Cal. Military and Veterans Code - MVC § 224. Section 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 their appointment, except that in the case of an officer who has previously held the same or a higher grade in the California National Guard, California Air National Guard, the Officers’ Reserve Corps, or has performed active duty in the same or a higher grade in the armed forces of the United States, his date of rank shall antedate his date of appointment by the length of time he has previously held such grade or performed such active duty. When two officers of the same grade are commissioned as of the same date, their rank shall be determined, first, by the length of previous services as an officer in the National Guard; second, by the length of previous military service in the National Guard; third, according to age, the eldest taking precedence.

Cal. Military and Veterans Code - MVC § 225. Section 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 same as are provided in the rules and regulations adopted by the United States for the control, administration and government of the National Guard so far as the same are not inconsistent with this code and from former commissioned or warrant officers 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 eligible for federal recognition. Warrant officers shall be separated from the service, discharged and dismissed and shall have the same privileges respecting retirement as commissioned officers, and shall have all other powers, privileges and duties authorized by the laws and regulations of the United States and customs of the service.

Cal. Military and Veterans Code - MVC § 228. Section 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 discretion of the Governor, be retired. Service in the United States Army, United States Air Force, United States Navy, or any reserve component thereof is considered state service in computing length of state service for the purposes of this section. (b) Upon application made within one year of retirement, the officer may, in the discretion of the Governor, be granted an honorary advancement to the next grade 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 under this subdivision. If recalled to either state or federal active service, a person honorarily promoted under this subdivision shall return to duty in that grade specified by federal law or regulations applicable to the person. (c) Commissioned and warrant officers on active duty with the office of the Adjutant General pursuant to Section 167 who are not members of the Public Employees’ Retirement System and who have 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 commissioned and warrant officers of the reserve components of the Army of the United States on extended active duty. Retirement from state active duty with the office of the Adjutant General does not prohibit a person from active service in the California National Guard. In these cases, the length of service shall be computed as provided in this section and Section 215.

Cal. Military and Veterans Code - MVC § 229. Section 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 its decision is approved by the Governor, the officer shall be retired from active service and placed on the retired list of officers. When a board of officers finds the incapacity of an officer is not the result of any incident of the service, and its decision is approved by the Governor, the officer shall be retired from active service, or discharged, as the Governor determines.

Cal. Military and Veterans Code - MVC § 230. Section 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 their discretion. Officers or noncommissioned officers retired for age may not be detailed to command troops, but only to perform duties of staff corps or departments, or to sit on boards, except in time of war or other emergency, or imminent danger thereof, when retired officers or noncommissioned officers may be detailed by the Governor, without their consent, to perform any military duty designated by the Governor.

Cal. Military and Veterans Code - MVC § 231. Section 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 called into active service.

Cal. Military and Veterans Code - MVC § 232. Section 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 disqualifications, when dropped from the rolls for an absence without leave for three months, by discharge to accept a commission in the United States Army, United States Air Force, United States Navy, or a reserve component thereof, when transferred to the United States Army Reserve upon the expiration of six months as a member of the Inactive National Guard, upon a finding by the Adjutant General that the officer is a security risk as a result of subversive activity, for personal traits of character, or by dismissal pursuant to sentence of a general court-martial.

Cal. Military and Veterans Code - MVC § 232.5. Section 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 Reserve, the United States Air Force Reserve, or another federal military reserve component, in accordance with federal law, including, but not limited to, federal military service regulations. The state shall not grant an officer’s transfer to the National Guard of any other state or territory or to a federal military reserve component if the officer is under investigation, under charges, awaiting result of trial, absent without leave, absent in the hands of civil authorities, in default with respect to state or federal funds or property, mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.

Cal. Military and Veterans Code - MVC § 233. Section 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 resignation when the officer is under investigation, under charges, awaiting the result of a trial, absent without leave, absent in the hands of civil authorities, in default with respect to state or federal funds or property, mobilized for deployment on state or federal duty, or notified of impending mobilization for state or federal military duty.

Cal. Military and Veterans Code - MVC § 234. Section 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 by order of the Governor, and shall consist of three commissioned officers, senior in rank to the officer under investigation. The findings and recommendations of the board shall be transmitted to the Governor, who shall approve or disapprove the findings. If the approved findings are unfavorable to the officer, he shall be ordered discharged.

Cal. Military and Veterans Code - MVC § 235. Section 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 that purpose. The findings and recommendations of the board shall be transmitted to the Governor. If the officer is found to be physically unfit for service and the finding is approved by the Governor, he shall be ordered discharged or retired from active service.

Cal. Military and Veterans Code - MVC § 236. Section 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 discharge under honorable conditions.

Cal. Military and Veterans Code - MVC § 238. Section 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 without the approval of the Governor of this State. No officer who has resigned for the good of the service, or who has been discharged under conditions other than honorable on account of inefficiency, or on account of absence without leave, shall be permitted to enter the military or naval service of the State without the approval of the Governor of this State.

Cal. Military and Veterans Code - MVC § 239. Section 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 list when deemed for the benefit of the California National Guard. The Governor may direct the Adjutant General to take any action under this section.

Cal. Military and Veterans Code - MVC § 240. Section 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 following: (1) Advocating for, or engaging in, the use of unlawful force, unlawful violence, or other illegal means to deprive an individual of their rights under the United States Constitution or the laws of the United States, the California Constitution or the laws of this state, or a political subdivision thereof. (2) Advocating for, or engaging in, the use of unlawful force or violence to achieve goals that are political, religious, discriminatory, or ideological in nature. (3) Advocating for, engaging in, or supporting terrorism within the United States or abroad. (4) Advocating for, engaging in, or supporting the overthrow of the government of the United States, or any political subdivision thereof, including the government of this state or that of any other state, commonwealth, territory, or the District of Columbia, by force of violence, or seeking to alter the form of these governments by unconstitutional or other unlawful means. (5) Advocating or encouraging military, civilian, or contractor personnel within the California National Guard or State Guard to violate the laws of the United States, or any political subdivision thereof, including the laws of this state or those of any other state, commonwealth, territory, or the District of Columbia, or to disobey lawful orders or regulations, for the purpose of disrupting military activities, or personally undertaking the same. (6) Advocating for widespread unlawful discrimination based on race, color, national origin, religion, sex, gender identity, or sexual orientation. (7) Advocating for, engaging in, or supporting treason, as defined in Section 37 of the Penal Code or Section 2381 of Title 18 of the United States Code. (8) Advocating for, engaging in, or supporting an act of rebellion or insurrection, as defined in Section 2383 of Title 18 of the United States Code. (b) An officer who actively participates in any of the conduct set forth in subdivision (a) shall receive an other than honorable discharge, in accordance with United States Department of Defense regulations and any applicable procedures and regulations of the individual service branches. (c) “Active participation” has the same meaning as in the Department of Defense Instruction 1325.06 or any successor instruction or regulation.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026

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