{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/44-33.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/44-33.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/44-33.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/44-33.html"}],"law_id":363865,"edition_id":2,"section_id":363865,"structure_id":51918,"section_number":"44-33","catch_line":"Elimination and disposition of officers","history":"1930, p. 954; Michie Code 1942, \u00a7 2673(23); 1958, c. 393; 1964, c. 227; 1970, c. 662.","full_text":"At any time the moral character, capacity, and general fitness for the service of any National Guard officer may be determined by an efficiency board of three commissioned officers senior in rank to the officer whose fitness for service shall be under investigation, said board to be appointed by the Adjutant General and convened on his order. If the findings of such board be unfavorable to such officer and be approved by the Adjutant General, such officer shall be discharged. Commissions of officers of the National Guard may be vacated upon resignation, if approved by the Adjutant General, absence without leave for three months, upon the recommendation of an efficiency board, pursuant to sentence of a court-martial, upon physical disqualification, when convicted of a felony in a civil court, when appointed or inducted into the armed forces of the United States, when federal recognition is withdrawn from such officer or from the unit to which assigned, upon reaching maximum age limitation, and when it has been determined that an officer is subversive or disloyal. Officers of the Virginia National Guard rendered surplus by the disbandment of their organization shall be placed in another unit, providing an appropriate vacancy exists, otherwise such officers shall be separated from the Virginia National Guard and automatically revert to the reserve.\n\n","order_by":null,"text":{"0":{"id":1355393,"text":"At any time the moral character, capacity, and general fitness for the service of any National Guard officer may be determined by an efficiency board of three commissioned officers senior in rank to the officer whose fitness for service shall be under investigation, said board to be appointed by the Adjutant General and convened on his order. If the findings of such board be unfavorable to such officer and be approved by the Adjutant General, such officer shall be discharged. Commissions of officers of the National Guard may be vacated upon resignation, if approved by the Adjutant General, absence without leave for three months, upon the recommendation of an efficiency board, pursuant to sentence of a court-martial, upon physical disqualification, when convicted of a felony in a civil court, when appointed or inducted into the armed forces of the United States, when federal recognition is withdrawn from such officer or from the unit to which assigned, upon reaching maximum age limitation, and when it has been determined that an officer is subversive or disloyal. Officers of the Virginia National Guard rendered surplus by the disbandment of their organization shall be placed in another unit, providing an appropriate vacancy exists, otherwise such officers shall be separated from the Virginia National Guard and automatically revert to the reserve.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":51918,"edition_id":2,"name":"National Guard in General","identifier":"3","label":"article","depth":3,"order_by":3,"parent_id":51899,"metadata":{"child_laws":24,"child_structures":0},"date_created":"2026-08-02 02:51:07","date_modified":"2026-08-02 12:33:29","permalink":{"id":1448877,"object_type":"structure","relational_id":51918,"identifier":"3","token":"44\/1\/3","url":"\/44\/1\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51899,"edition_id":2,"name":"Military Laws of Virginia","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":51898,"metadata":{"child_laws":150,"child_structures":16},"date_created":"2026-08-02 02:50:49","date_modified":"2026-08-02 12:33:29","permalink":{"id":1448553,"object_type":"structure","relational_id":51899,"identifier":"1","token":"44\/1","url":"\/44\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51898,"edition_id":2,"name":"Military and Emergency Laws","identifier":"44","label":"title","depth":1,"order_by":97,"parent_id":null,"metadata":{"child_laws":233,"child_structures":28},"date_created":"2026-08-02 02:50:49","date_modified":"2026-08-02 12:33:29","permalink":{"id":1448551,"object_type":"structure","relational_id":51898,"identifier":"44","token":"44","url":"\/44\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":363855,"structure_id":51918,"section_number":"44-25","catch_line":"Organization; composition of units","url":"\/44-25\/","token":"44\/1\/3\/44-25","metadata":false},{"id":363856,"structure_id":51918,"section_number":"44-26","catch_line":"Location of units and headquarters","url":"\/44-26\/","token":"44\/1\/3\/44-26","metadata":false},{"id":363857,"structure_id":51918,"section_number":"44-27","catch_line":"Appointment and promotion of officers","url":"\/44-27\/","token":"44\/1\/3\/44-27","metadata":false},{"id":363858,"structure_id":51918,"section_number":"44-28","catch_line":"Qualifications of commanding or staff officers","url":"\/44-28\/","token":"44\/1\/3\/44-28","metadata":false},{"id":363859,"structure_id":51918,"section_number":"44-29","catch_line":"Qualifications of National Guard officers","url":"\/44-29\/","token":"44\/1\/3\/44-29","metadata":false},{"id":363861,"structure_id":51918,"section_number":"44-30","catch_line":"Tests as to fitness for officers; examining board","url":"\/44-30\/","token":"44\/1\/3\/44-30","metadata":false},{"id":363862,"structure_id":51918,"section_number":"44-31","catch_line":"Relative rank of officers","url":"\/44-31\/","token":"44\/1\/3\/44-31","metadata":false},{"id":363864,"structure_id":51918,"section_number":"44-32","catch_line":"Oath of National Guard officers","url":"\/44-32\/","token":"44\/1\/3\/44-32","metadata":false},{"id":363863,"structure_id":51918,"section_number":"44-32.1","catch_line":"Administration of oaths of office and enlistment","url":"\/44-32.1\/","token":"44\/1\/3\/44-32.1","metadata":false},{"id":363865,"structure_id":51918,"section_number":"44-33","catch_line":"Elimination and disposition of officers","url":"\/44-33\/","token":"44\/1\/3\/44-33","metadata":false},{"id":363866,"structure_id":51918,"section_number":"44-34","catch_line":"Repealed","url":"\/44-34\/","token":"44\/1\/3\/44-34","metadata":false},{"id":363867,"structure_id":51918,"section_number":"44-35","catch_line":"Enlistments in National Guard","url":"\/44-35\/","token":"44\/1\/3\/44-35","metadata":false},{"id":363868,"structure_id":51918,"section_number":"44-36","catch_line":"Enlistment contract and oath","url":"\/44-36\/","token":"44\/1\/3\/44-36","metadata":false},{"id":363869,"structure_id":51918,"section_number":"44-37","catch_line":"Discharge of enlisted persons","url":"\/44-37\/","token":"44\/1\/3\/44-37","metadata":false},{"id":363870,"structure_id":51918,"section_number":"44-38","catch_line":"Membership continued in National Guard after termination of federal service","url":"\/44-38\/","token":"44\/1\/3\/44-38","metadata":false},{"id":363872,"structure_id":51918,"section_number":"44-39","catch_line":"Uniforms, arms and equipment","url":"\/44-39\/","token":"44\/1\/3\/44-39","metadata":false},{"id":363871,"structure_id":51918,"section_number":"44-39.1","catch_line":"Possession of handguns by members at National Guard facilities","url":"\/44-39.1\/","token":"44\/1\/3\/44-39.1","metadata":false},{"id":363877,"structure_id":51918,"section_number":"44-40","catch_line":"Discipline and training","url":"\/44-40\/","token":"44\/1\/3\/44-40","metadata":false},{"id":363874,"structure_id":51918,"section_number":"44-40.01","catch_line":"Nonjudicial disciplinary proceedings","url":"\/44-40.01\/","token":"44\/1\/3\/44-40.01","metadata":false},{"id":363875,"structure_id":51918,"section_number":"44-40.1","catch_line":"Persons subject to the Virginia military laws","url":"\/44-40.1\/","token":"44\/1\/3\/44-40.1","metadata":false},{"id":363876,"structure_id":51918,"section_number":"44-40.2","catch_line":"Administration of oaths and taking of sworn statements by commissioned officers","url":"\/44-40.2\/","token":"44\/1\/3\/44-40.2","metadata":false},{"id":363880,"structure_id":51918,"section_number":"44-41","catch_line":"Armory drills, inactive training, annual active duty training, etc","url":"\/44-41\/","token":"44\/1\/3\/44-41","metadata":false},{"id":363878,"structure_id":51918,"section_number":"44-41.1","catch_line":"Failure to report; etc","url":"\/44-41.1\/","token":"44\/1\/3\/44-41.1","metadata":false},{"id":363879,"structure_id":51918,"section_number":"44-41.2","catch_line":"Sharing of information with Virginia Employment Commission upon separation","url":"\/44-41.2\/","token":"44\/1\/3\/44-41.2","metadata":false}],"previous_section":{"id":363863,"structure_id":51918,"section_number":"44-32.1","catch_line":"Administration of oaths of office and enlistment","url":"\/44-32.1\/","token":"44\/1\/3\/44-32.1","metadata":false},"next_section":{"id":363866,"structure_id":51918,"section_number":"44-34","catch_line":"Repealed","url":"\/44-34\/","token":"44\/1\/3\/44-34","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/44-33\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1958, chapter 393; in 1964, chapter 227; in 1970, chapter 662.<\/p>","references":false,"refers_to":false,"permalink":{"id":1448915,"object_type":"law","relational_id":363865,"identifier":"44-33","token":"44\/1\/3\/44-33","url":"\/44-33\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/44-33\/","token":"44\/1\/3\/44-33","dublin_core":{"Title":"Elimination and disposition of officers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 44-33","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>At any time the moral character, capacity, and general fitness for the service of any National Guard officer may be determined by an efficiency board of three commissioned officers senior in rank to the officer whose fitness for service shall be under investigation, said board to be appointed by the Adjutant General and convened on his <span class=\"dictionary\">order<\/span>. If the <span class=\"dictionary\">findings<\/span> of such board be unfavorable to such officer and be approved by the Adjutant General, such officer shall be discharged. Commissions of officers of the National Guard may be vacated upon resignation, if approved by the Adjutant General, absence without leave for three months, upon the recommendation of an efficiency board, pursuant to sentence of a <span class=\"dictionary\">court<\/span>-martial, upon physical disqualification, when convicted of a <span class=\"dictionary\">felony<\/span> in a civil <span class=\"dictionary\">court<\/span>, when appointed or inducted into the armed forces of the United States, when federal recognition is withdrawn from such officer or from the unit to which assigned, upon reaching maximum age limitation, and when it has been determined that an officer is subversive or disloyal. Officers of the Virginia National Guard rendered surplus by the disbandment of their organization shall be placed in another unit, providing an appropriate vacancy exists, otherwise such officers shall be separated from the Virginia National Guard and automatically revert to the reserve.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nELIMINATION AND DISPOSITION OF OFFICERS (\u00a7 44-33)\n\nAt any time the moral character, capacity, and general fitness for the service\nof any National Guard officer may be determined by an efficiency board of three\ncommissioned officers senior in rank to the officer whose fitness for service\nshall be under investigation, said board to be appointed by the Adjutant General\nand convened on his order. If the findings of such board be unfavorable to such\nofficer and be approved by the Adjutant General, such officer shall be\ndischarged. Commissions of officers of the National Guard may be vacated upon\nresignation, if approved by the Adjutant General, absence without leave for\nthree months, upon the recommendation of an efficiency board, pursuant to\nsentence of a court-martial, upon physical disqualification, when convicted of a\nfelony in a civil court, when appointed or inducted into the armed forces of the\nUnited States, when federal recognition is withdrawn from such officer or from\nthe unit to which assigned, upon reaching maximum age limitation, and when it\nhas been determined that an officer is subversive or disloyal. Officers of the\nVirginia National Guard rendered surplus by the disbandment of their\norganization shall be placed in another unit, providing an appropriate vacancy\nexists, otherwise such officers shall be separated from the Virginia National\nGuard and automatically revert to the reserve.\n\nHISTORY: 1930, p. 954; Michie Code 1942, \u00a7 2673(23); 1958, c. 393; 1964, c.\n227; 1970, c. 662.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}