The officers of the Virginia Military Institute, the Virginia Women's Institute for Leadership at Mary Baldwin College, the Fishburne Military School, the Massanutten Military Academy, and the Commandant of Cadets and Assistant Commandants of Cadets of the Virginia Polytechnic Institute and State University shall be commissioned officers of the Virginia militia, unorganized, and subject to the orders of the Governor and the same rules and regulations as to discipline provided for other commissioned officers of the military organizations of the Commonwealth. The Governor is authorized and directed to issue commissions to the professors, assistant professors and other officers of the Virginia Military Institute, the Fishburne Military School, the Massanutten Military Academy, and the Virginia Women's Institute for Leadership at Mary Baldwin College, according to the rank prescribed by those institutions; and to the Commandant of Cadets and Assistant Commandants of Cadets of the Virginia Polytechnic Institute and State University. Such persons shall be eligible to receive and to continue to hold such commissions, regardless of age, for so long as they continue to be officers, professors or assistant professors of the Virginia Military Institute, the Virginia Women's Institute for Leadership at Mary Baldwin College, the Fishburne Military School, the Massanutten Military Academy, or the Commandant of Cadets or Assistant Commandants of Cadets of Virginia Polytechnic Institute and State University. The governing boards of each institution shall recommend to the Governor the rank to which such eligible persons shall be commissioned, but the following determination of such rank shall be made by the Governor. Commissions in such militia issued such persons by the Governor shall not entitle any person holding the same to any pay or emolument by reason thereof unless he be assigned to duty by order of the Governor with the Virginia National Guard; and in such event, the rank of such officer shall be relatively inferior to that of all other officers of the same grade in the Virginia National Guard.
1930, p. 970; Michie Code 1942, § 2673(102); 1958, c. 393; 1978, c. 384; 2001, c. 77; 2006, c. 123; 2007, c. 818.
Structure Code of Virginia
Title 44 - Military and Emergency Laws
Chapter 1 - Military Laws of Virginia
§ 44-1. Composition of militia
§ 44-2. Composition of National Guard
§ 44-4. Composition of unorganized militia
§ 44-5. Exemptions from militia duty
§ 44-6. Maintenance of other troops
§ 44-8. Governor as Commander in Chief
§ 44-9. Commander in Chief to prescribe regulations
§ 44-9.1. Censorship of certain sermons prohibited
§ 44-10. Divisions of military staff
§ 44-11. Department of Military Affairs; Adjutant General
§ 44-11.1. Duties of the Department of Military Affairs
§ 44-13. Powers of Adjutant General
§ 44-13.1. Virginia National Guard Morale, Welfare, and Recreation Program established
§ 44-13.2. Administration of the MWR Program
§ 44-13.3. Virginia National Guard MWR Fund
§ 44-14. Expenditures for Department
§ 44-15. Reports to Secretary of Defense
§ 44-16. Records of Adjutant General
§ 44-17. Regulations as to reports and care of property
§ 44-19. Adjutant General to have charge of military property
§ 44-21. Bonds of Adjutant General and fiscal clerks
§ 44-22. Auditing accounts of Adjutant General
§ 44-24. United States Property and Fiscal Officer
§ 44-25. Organization; composition of units
§ 44-26. Location of units and headquarters
§ 44-27. Appointment and promotion of officers
§ 44-28. Qualifications of commanding or staff officers
§ 44-29. Qualifications of National Guard officers
§ 44-30. Tests as to fitness for officers; examining board
§ 44-31. Relative rank of officers
§ 44-32. Oath of National Guard officers
§ 44-32.1. Administration of oaths of office and enlistment
§ 44-33. Elimination and disposition of officers
§ 44-35. Enlistments in National Guard
§ 44-36. Enlistment contract and oath
§ 44-37. Discharge of enlisted persons
§ 44-38. Membership continued in National Guard after termination of federal service
§ 44-39. Uniforms, arms and equipment
§ 44-39.1. Possession of handguns by members at National Guard facilities
§ 44-40. Discipline and training
§ 44-40.01. Nonjudicial disciplinary proceedings
§ 44-40.1. Persons subject to the Virginia military laws
§ 44-40.2. Administration of oaths and taking of sworn statements by commissioned officers
§ 44-41. Armory drills, inactive training, annual active duty training, etc.
§ 44-41.1. Failure to report; etc.
§ 44-41.2. Sharing of information with Virginia Employment Commission upon separation
§ 44-42. Kinds of courts-martial; how constituted and powers
§ 44-44. Special courts-martial
§ 44-45. Summary courts-martial
§ 44-47. Process and procedure
§ 44-48. Review of judgments of courts-martial; procedure
§ 44-49. Where sentences executed
§ 44-50. How process and sentence executed
§ 44-54.1. Compact enacted into law; terms
§ 44-54.2. Payment of liability of State pursuant to Article III (f) of compact
§ 44-54.3. Members of National Guard deemed to be in state service when engaged pursuant to compact
§ 44-54.4. Organization; definitions
§ 44-54.5. Composition of units
§ 44-54.6. Members, appointment and enlistment
§ 44-54.8. Administration of oaths
§ 44-54.9. Uniform; rank in precedence; command
§ 44-54.11. Discharge; dismissal
§ 44-54.12. Arms, equipment and facilities
§ 44-75.1. Militia state active duty
§ 44-75.1:1. Compact enacted into law; terms
§ 44-75.2. Militia training duty
§ 44-76. Transportation, equipment and support of militia
§ 44-77. Orders to officers and appointment of rendezvous
§ 44-78.1. Request for assistance by localities
§ 44-80. Order in which classes of militia called into service
§ 44-81. Length of service when called out
§ 44-83. Pay and allowance of members
§ 44-84. Regulations enforced on actual service
§ 44-85. Regulations and penalties
§ 44-86. When ordered out for service
§ 44-87. Manner of ordering out for service
§ 44-88. Incorporation into the Virginia Defense Force
§ 44-89. Draft of unorganized militia
§ 44-90. Punishment for failure to appear
§ 44-93. Leaves of absence for employees of Commonwealth or political subdivisions
§ 44-93.2. Leaves of absence from nongovernmental employment
§ 44-93.3. Reemployment rights
§ 44-93.5. Penalties for denial
§ 44-94. Exemption from jury duty
§ 44-96. Military property exempt from levy and sale
§ 44-97. Exemption from arrest
§ 44-97.1. Continuance or time for filing pleading, etc., where party or attorney is on active duty
§ 44-99. Organizations may own property; suits
§ 44-100. No action allowed on account of military duties; counsel for members sued or prosecuted
§ 44-102. Commission not to vacate civil office
§ 44-102.1. Rights, benefits and protections upon call to active duty; contract termination
§ 44-102.1:1. Benefits upon call to active duty under a state of emergency; health care premiums
§ 44-102.2. Virginia Military Family Relief Fund established
§ 44-103. Deposit in armories or headquarters for safekeeping
§ 44-104. Care required and liability of officers
§ 44-107. Use for private purposes forbidden
§ 44-108. Officers and enlisted persons personally liable for military property
§ 44-109. Punishment for injuries to military property
§ 44-110. Punishment for sale, etc., of military property
§ 44-111. Replacement of lost or damaged property
§ 44-112. Requisition for federal funds
§ 44-113. County, city and town appropriations
§ 44-114. Allowances made to organizations from state appropriations
§ 44-114.1. Orders transmitted to and through the Governor
§ 44-114.3. Orders void if transmitted to militia before Governor notified
§ 44-114.4. Governor not prevented from drafting into state military service
§ 44-119. Retired list of officers, warrant officers and enlisted persons
§ 44-120. Protection of the uniform
§ 44-120.1. Manufacture of Virginia military medals and decorations in United States