§ 363. Officers generally

(a)(1) The General Assembly shall biennially elect an Adjutant and Inspector General for a term of two years.

(2) An Adjutant and Inspector General appointed to fill a vacancy occurring during a term shall serve the remainder of the unexpired term.

(3) In order to be eligible for election to serve as Adjutant and Inspector General, an individual shall:

(A) have attained the rank of Colonel (O-6) or above;

(B) be a current member of the U.S. Army, the U.S. Air Force, the U.S. Army Reserve, the U.S. Air Force Reserve, the Army National Guard, or the Air National Guard or be eligible to return to active service in the Army National Guard or the Air National Guard;

(C) be a graduate of a Senior Service College; and

(D) be eligible for federal recognition.

(b) The Adjutant and Inspector General shall be granted the rank of a major general within the State.

(c)(1) The Adjutant General may appoint a Deputy with the approval of the Governor. The Adjutant General may also appoint an Assistant Adjutant General for Army, an Assistant Adjutant General for Air, an Assistant Adjutant General for Joint Operations, a Command Sergeant Major, and a Command Chief Master Sergeant, without pay, with the approval of the Governor.

(2) The Adjutant and Inspector General may remove the appointed assistant adjutant generals and sergeants and shall be responsible for their acts.

(3) Upon appointment, each Assistant Adjutant General shall be a federally recognized officer of the National Guard of the rank of lieutenant colonel or above, and shall have a rank of colonel or brigadier general within the State, and the Command Sergeant Major shall be a federally recognized noncommissioned officer of the National Guard of the rank of master sergeant or first sergeant or above, and the Command Chief Master Sergeant shall be a federally recognized noncommissioned officer of the rank of senior master sergeant.

(4) The Deputy, assistants, and sergeants shall perform duties as the Adjutant and Inspector General shall direct.

(d)(1) In the absence or disability of the Adjutant and Inspector General, the Deputy shall perform the duties of that office.

(2) In case a vacancy occurs in the office of Adjutant and Inspector General, the Deputy shall assume and discharge the duties of the office until the vacancy is filled.

(e) Appointments made pursuant to subsections (a) and (c) of this section shall be in writing and recorded in the Office of the Secretary of State.

(f) All other officers of the National Guard shall be chosen in accordance with rules adopted by the Adjutant and Inspector General consistent with the laws of this State and the United States. (Amended 1959, No. 81, eff. April 2, 1959; 1961, No. 2 eff. Feb. 16, 1961; 1965, No. 125, § 19, eff. July 2, 1965; 2003, No. 5, § 1; 2005, No. 67, § 1; 2017, No. 113 (Adj. Sess.), § 115; 2021, No. 10, § 3; 2021, No. 140 (Adj. Sess.), § 9, eff. May 27, 2022.)