West Virginia Code
Article 1B. National Guard
§15-1B-5. Surplus Officers; Resignations

a. Commissioned officers who shall be rendered surplus by reduction, consolidation, or disbandment of organizations, or in any manner provided by law, may be transferred to the inactive National Guard in conformity with applicable rules and regulations prescribed by federal authority, or may be discharged.
b. An officer may tender his resignation or request transfer from the National Guard at any time: Provided, That no such resignation shall be accepted unless the officer tendering the same shall furnish the Adjutant General from each property accounting officer concerned a certificate that he has delivered all books and other property of the state and federal government in his possession to the person authorized to receive the same, and that his accounts for money or public property are correct, and that he is not indebted to the state or federal military authorities.

Structure West Virginia Code

West Virginia Code

Chapter 15. Public Safety

Article 1B. National Guard

§15-1B-1. Organization of the National Guard

§15-1B-2. Army National Guard

§15-1B-3. Air National Guard

§15-1B-4. Oath, Appointment and Promotion of Officers

§15-1B-5. Surplus Officers; Resignations

§15-1B-6. Dismissal of Officers

§15-1B-7. Appointment, Promotion and Reduction of Noncommissioned Officers

§15-1B-8. Enlisted Personnel -- Generally

§15-1B-9. Enlisted Personnel -- Discharge

§15-1B-10. Inactive National Guard

§15-1B-11. Uniforms, Arms, Equipment and Supplies

§15-1B-12. Care of and Responsibility for Military Property and Funds

§15-1B-13. Assemblies, Annual Training and Other Duty

§15-1B-14. Annual Inspection and Muster

§15-1B-16. Pay and Allowances

§15-1B-17. Command Pay; Inspections; Compensation for Clerical Services and Care of Property

§15-1B-18. Injury or Death While in Service of State

§15-1B-19. Military Fund

§15-1B-20. Military Expenses

§15-1B-21. Tuition and Fees for Guard Members at Institutions of Higher Education

§15-1B-22. Military Facilities; Security Guards; Qualifications; Duties; Powers

§15-1B-23. American Flag for Burial of Deceased Members of the National Guard; Presentation of Flag to Parent or Spouse

§15-1B-24. Mountaineer Challenge Academy; Expansion; Cooperation of State Executive Agencies

§15-1B-25. Commissioning Bonus

§15-1B-26. Firefighters and Security Guards to Be Members of the National Guard

§15-1B-27. Asset Forfeiture and Asset Sharing