Download Ark. Code §12-62-101 et seq.doc

Ark. Code §12-62-101 et seq., Officers, 201
Title 12 Law Enforcement, Emergency Management, And Military Affairs.
Chapter 62. Military Personnel.
Subchapter 1. Officers.
12-62-101. Appointment.
(a) All commissioned officers of the National Guard shall be appointed and promoted by
the Governor upon recommendation of the Adjutant General and must be citizens of the
United States eighteen (18) years of age or older.
(b) General officers above the grade of brigadier general shall be appointed and promoted
by the Governor with the consent of the Senate. During the time that the Senate is not in
session, the Governor may make such appointments subject to subsequent confirmation
by the Senate.
History. Acts 1969, No. 50, § 29; A.S.A. 1947, § 11-301.
12-62-102. Prerequisites to appointment - Disqualifications.
(a) No person shall be appointed or promoted as a commissioned officer in the National
Guard unless he shall have passed such examination as to his physical, moral, and
professional qualifications as may be prescribed by the United States and by this code
and the regulations issued thereunder.
(b) No person shall be recognized as a commissioned officer of the National Guard and
no appointment as such shall become effective until he shall have taken and subscribed
an oath of office.
(c) Any person who has been dismissed or dishonorably discharged from the National
Guard of this or any other state or from the armed forces of the United States and has not
been restored to duty or any commissioned officer who was discharged from the National
Guard as a result of the findings of an efficiency examining board or whose resignation
from the National Guard was accepted by the Governor at a time when such officer was
under arrest or under charges for the commission of an offense punishable by a courtmartial shall not be eligible for appointment as a commissioned officer in any force of the
National Guard.
History. Acts 1969, No. 50, § 30; A.S.A. 1947, § 11-302.
12-62-103. Assignment and transfer. Commissioned officers and warrant officers may
be assigned, reassigned, transferred, or detailed to and from units within the National
Guard as prescribed by the laws of the United States and this code and the regulations
issued thereunder.
History. Acts 1969, No. 50, § 32; A.S.A. 1947, § 11-304.
12-62-104. Removal.
(a) The Adjutant General of the State of Arkansas shall have the power to remove any
officer from the ranks of the Arkansas National Guard who is refused federal recognition
in the grade and branch to which he has applied, or who has had federal recognition
withdrawn in the grade and branch in which he was formerly recognized.
(b) The Adjutant General may adopt reasonable and necessary regulations as may be
necessary to accomplish this purpose.
History. Acts 1989, No. 666, § 1.