The Adjutant General shall be qualified for commission and shall be commissioned, if authorized by the laws of the United States now or hereafter enacted, in the Adjutant General's corps, or such other corps or branch of the service as will enable him to perform all duties required of him within the state by the National Defense Act, a federal draft, selective service or similar act operative in a national emergency. He shall have a military status in this state, if provided by the laws of the United States now or hereafter enacted, during periods in which the National Guard of Alabama is in the federal service under a call, draft, order, or other means of induction into the federal military or naval service, that will enable him to work in an advisory capacity, or other authorized capacity, to the Governor in the execution of a federal selective service or similar law, or such other office as may be authorized by the federal government, and in the performance of such duties, he shall be entitled to all allowances and to reimbursement for all expenses incident to the performance of his duties as may be provided in the military laws of this state; provided, that he shall not receive a state salary while in the active service of the United States and receiving a federal salary for such service. He shall, if called, drafted, or ordered into the federal service, on discharge therefrom revert to his state military status and such federal military status as may now or hereafter be provided by the military laws of the United States governing the National Guard on the day following his discharge from the active military service of the United States. Whenever the Adjutant General is called, ordered or drafted into the service of the United States for any reason, or the Office of Adjutant General becomes vacant for or because of any reason, while all or a substantial portion of the National Guard is in federal service, the Governor may appoint an Adjutant General to serve at the pleasure of the Governor, with the consent of the Senate. Such appointee may be selected and appointed without regard to the eligibility qualifications and requirements set forth in this chapter, but he shall have held a commissioned or noncommissioned grade in the National Guard or the Army of the United States or the United States Navy, or such appointee may be a civilian without previous military status. Such appointee shall be commissioned in the State Militia with such rank as the Governor may deem advisable. Upon the return of the National Guard or a substantial portion thereof to state control such appointee may be commissioned by the Governor as an officer of the state staff, in the Adjutant General's corps, in the National Guard of Alabama, and he may have such rank as is now or may hereafter be provided for an officer of the state staff, Adjutant General's corps, under, in compliance with and according to the provisions of the National Defense Act or acts now or hereafter enacted and Department of Defense regulations promulgated thereunder.
Structure Code of Alabama
Title 31 - Military Affairs and Civil Defense.
Section 31-2-2 - Composition and Administration of State Militia Generally.
Section 31-2-3 - Divisions of State Militia; Composition of Organized Militia and National Guard.
Section 31-2-4 - Composition of Naval Militia.
Section 31-2-5 - Composition of Unorganized Militia.
Section 31-2-6 - Persons Exempted From Militia Service, Etc.
Section 31-2-7 - Maintenance of Troops in Time of Peace.
Section 31-2-10 - Appropriations for State Defense Force.
Section 31-2-13 - Service Benefits for Government Employees, Etc.
Section 31-2-14 - Bonds of Persons Responsible for Public or Military Property or Public Funds.
Section 31-2-16 - Per Diem of Officers or Enlisted Men Under Military Travel Orders.
Section 31-2-17 - Unauthorized Wearing of Uniform of United States Armed Forces.
Section 31-2-18 - Wearing Foreign Uniforms - Prohibited; Exceptions.
Section 31-2-19 - Wearing Foreign Uniforms - Penalties.
Section 31-2-20 - Unauthorized Wearing of Uniform While Not on Duty.
Section 31-2-21 - Discrimination Against Person Wearing Uniform.
Section 31-2-23 - Arms, Equipment, etc., to Be Deposited in Armories, Etc.
Section 31-2-24 - Preservation of Arms, Equipment, etc., by Officers.
Section 31-2-27 - Unauthorized Use of Military Property for Private Purposes.
Section 31-2-29 - Wilful or Malicious Destruction, etc., of Military Property.
Section 31-2-32 - Liability of Officers and Enlisted Men for Lost or Damaged Military Property.
Section 31-2-34 - Proceedings When Member of Armed Forces Unable to Account for Property or Money.
Section 31-2-35 - Matters Governed by Custom and Usage of United States Armed Forces.
Section 31-2-37 - Annual Encampments or Cruises.
Section 31-2-39 - Emergency Purchases.
Section 31-2-40 - Enforcement of Sanitation Laws in Camps or Garrisons.
Section 31-2-41 - National Guard and Naval Militia Service Medals.
Section 31-2-42 - Retirement of Officers and Enlisted Men From National Guard.
Section 31-2-45 - Designations of Units Engaged in Federal Service.
Section 31-2-46 - When Unorganized Militia May Be Ordered Out for Active Service.
Section 31-2-48 - Manner of Ordering Out Unorganized Militia; Organization; Appointment of Officers.
Section 31-2-49 - Draft of Unorganized Militia.
Section 31-2-50 - Failure to Appear for Duty in Militia.
Section 31-2-51 - Commander in Chief - Designated.
Section 31-2-52 - Commander in Chief - Powers and Duties Generally.
Section 31-2-53 - Personal Military Staff of Governor.
Section 31-2-54 - Governor's Flag.
Section 31-2-56 - Exhibitions, Athletic Matches and Contests in Armories, Etc.
Section 31-2-61 - Salaries of Officers and Employees of Military Department.
Section 31-2-62 - Bonds of Adjutant General and Other Employees of Military Department.
Section 31-2-63 - Offices, Furniture, Stationery, etc., of Military Department.
Section 31-2-67 - Annual Report by Adjutant General to Governor.
Section 31-2-68 - Audit of Books, Accounts, etc., of Adjutant General and Other Officers.
Section 31-2-72 - General Officers of the Line.
Section 31-2-74 - Enlistments, etc., in National Guard.
Section 31-2-75 - Discharge of Enlisted Members of National Guard.
Section 31-2-76 - Drills, Encampments, Maneuvers, Etc.
Section 31-2-79 - Exemption of Members of Militia From Arrest.
Section 31-2-82 - Armed Forces Organizations Not to Leave State Without Permission.
Section 31-2-84 - Right of Troops as to Use of Streets and Highways.
Section 31-2-85 - Compensation for Injury, Disability, and Death.
Section 31-2-85.1 - Medical Expenses for Members of National Guard or Alabama State Defense Force.
Section 31-2-86 - Payment for Damages Caused by National Guard Members Acting in Line of Duty.
Section 31-2-90 - Appointment of Counsel to Defend National Guard Members in Certain Actions.
Section 31-2-98 - Courts-Martial for Members of National Guard - Evidence.
Section 31-2-99 - Courts-Martial for Members of National Guard - Employment of Court Reporter.
Section 31-2-100 - Courts-Martial for Members of National Guard - Subpoena of Witnesses.
Section 31-2-102 - Courts-Martial for Members of National Guard - Payment of Expenses.
Section 31-2-107 - Courts of Inquiry.
Section 31-2-109 - Ordering Out of Troops - Authority of Governor.
Section 31-2-110 - Ordering Out of Troops - Restrictions.
Section 31-2-111 - Ordering Out of Troops - Request to Governor by Local Officials.
Section 31-2-115 - Dispersion of Mob, Etc. - Order to Disperse.
Section 31-2-116 - Dispersion of Mob, Etc. - Order to Disperse - Failure to Obey Order.
Section 31-2-117 - Dispersion of Mob, Etc. - Authority to Act to Disperse Mob, Etc.
Section 31-2-119 - Assault on National Guard Members, etc., Assembled for Performance of Duties.
Section 31-2-120 - Protection of National Guard Troops, etc., From Assault, Etc.
Section 31-2-121 - Duty to Disperse When Shot Fired, etc., at National Guard.
Section 31-2-122 - Regulation of Passage and Occupancy on Streets, etc., During Riot, Etc.
Section 31-2-125 - Unauthorized Military Organizations.
Section 31-2-128 - Dropping Allowance.
Section 31-2-131 - Revolving Fund.
Section 31-2-132 - Regular Military Appropriations.
Section 31-2-133 - Special Appropriations for National Guard in Active Military Service of State.