{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/44-28.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/44-28.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/44-28.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/44-28.html"}],"law_id":363858,"edition_id":2,"section_id":363858,"structure_id":51918,"section_number":"44-28","catch_line":"Qualifications of commanding or staff officers","history":"1930, p. 953; Michie Code 1942, \u00a7 2673(18); 1958, c. 393; 1970, c. 662.","full_text":"No person shall be appointed a commanding or staff officer unless such person shall have had federally recognized commissioned military service, nor shall any officer be appointed who fails to qualify as to fitness for military service under such regulations as the Secretary of Defense shall prescribe. Such officers may hold their positions until they have reached the age or length of service as prescribed in existing or subsequently amended National Guard regulations, unless separated from the service prior to that time by reason of resignation, disability, withdrawal or termination of federal recognition or commission, or upon finding of a legally convened court-martial.\n\n","order_by":null,"text":{"0":{"id":1355382,"text":"No person shall be appointed a commanding or staff officer unless such person shall have had federally recognized commissioned military service, nor shall any officer be appointed who fails to qualify as to fitness for military service under such regulations as the Secretary of Defense shall prescribe. Such officers may hold their positions until they have reached the age or length of service as prescribed in existing or subsequently amended National Guard regulations, unless separated from the service prior to that time by reason of resignation, disability, withdrawal or termination of federal recognition or commission, or upon finding of a legally convened court-martial.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/44-28\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 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 1970, chapter 662.<\/p>","references":false,"refers_to":false,"permalink":{"id":1448891,"object_type":"law","relational_id":363858,"identifier":"44-28","token":"44\/1\/3\/44-28","url":"\/44-28\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/44-28\/","token":"44\/1\/3\/44-28","dublin_core":{"Title":"Qualifications of commanding or staff officers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 44-28","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>No person shall be appointed a commanding or staff officer unless such person shall have had federally recognized commissioned military service, nor shall any officer be appointed who fails to qualify as to fitness for military service under such regulations as the Secretary of Defense shall prescribe. Such officers may hold their positions until they have reached the age or length of service as prescribed in existing or subsequently amended National Guard regulations, unless separated from the service prior to that time by reason of resignation, disability, withdrawal or termination of federal recognition or commission, or upon <span class=\"dictionary\">finding<\/span> of a legally convened <span class=\"dictionary\">court<\/span>-martial.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nQUALIFICATIONS OF COMMANDING OR STAFF OFFICERS (\u00a7 44-28)\n\nNo person shall be appointed a commanding or staff officer unless such person\nshall have had federally recognized commissioned military service, nor shall any\nofficer be appointed who fails to qualify as to fitness for military service\nunder such regulations as the Secretary of Defense shall prescribe. Such\nofficers may hold their positions until they have reached the age or length of\nservice as prescribed in existing or subsequently amended National Guard\nregulations, unless separated from the service prior to that time by reason of\nresignation, disability, withdrawal or termination of federal recognition or\ncommission, or upon finding of a legally convened court-martial.\n\nHISTORY: 1930, p. 953; Michie Code 1942, \u00a7 2673(18); 1958, c. 393; 1970, c.\n662.","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"}}