{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/44-40.01.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/44-40.01.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/44-40.01.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/44-40.01.html"}],"law_id":72696,"edition_id":1,"section_id":72696,"structure_id":13556,"section_number":"44-40.01","catch_line":"Nonjudicial disciplinary proceedings","history":"2015, c. 194.","full_text":"Service members of the Virginia National Guard, not in federal service, are subject to nonjudicial punishment pursuant to Part V of the Manual for Courts-Martial, United States. A commander’s authority to impose nonjudicial punishment shall not include the authority to impose correctional custody, arrest in quarters, restriction, or extra duties. Reduction in rank shall not be imposed if the service member has more than 10 years of military service and is in the rank of E-5 or above. When nonjudicial punishment is to be imposed by a commanding officer of the rank of major or above, a service member shall not be allowed to demand trial by court-martial in lieu of nonjudicial punishment. Service members shall retain all appeal rights available under the Manual for Courts-Martial, and the appeal shall include a review for abuse of discretion and legal sufficiency of the evidence.","order_by":null,"text":{"0":{"id":261642,"text":"Service members of the Virginia National Guard, not in federal service, are subject to nonjudicial punishment pursuant to Part V of the Manual for Courts-Martial, United States. A commander’s authority to impose nonjudicial punishment shall not include the authority to impose correctional custody, arrest in quarters, restriction, or extra duties. Reduction in rank shall not be imposed if the service member has more than 10 years of military service and is in the rank of E-5 or above. When nonjudicial punishment is to be imposed by a commanding officer of the rank of major or above, a service member shall not be allowed to demand trial by court-martial in lieu of nonjudicial punishment. Service members shall retain all appeal rights available under the Manual for Courts-Martial, and the appeal shall include a review for abuse of discretion and legal sufficiency of the evidence.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13556,"edition_id":1,"name":"National Guard in General","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13447,"metadata":{},"date_created":"2026-06-26 03:45:13","date_modified":"2026-06-26 03:45:13","permalink":{"id":221875,"object_type":"structure","relational_id":13556,"identifier":"3","token":"44\/1\/3","url":"\/44\/1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13447,"edition_id":1,"name":"Military Laws of Virginia","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":13446,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":221551,"object_type":"structure","relational_id":13447,"identifier":"1","token":"44\/1","url":"\/44\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13446,"edition_id":1,"name":"Military and Emergency Laws","identifier":"44","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":221549,"object_type":"structure","relational_id":13446,"identifier":"44","token":"44","url":"\/44\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58259,"structure_id":13556,"section_number":"44-25","catch_line":"Organization; composition of units","url":"\/44-25\/","token":"44\/1\/3\/44-25","metadata":false},{"id":62661,"structure_id":13556,"section_number":"44-26","catch_line":"Location of units and headquarters","url":"\/44-26\/","token":"44\/1\/3\/44-26","metadata":false},{"id":70679,"structure_id":13556,"section_number":"44-27","catch_line":"Appointment and promotion of officers","url":"\/44-27\/","token":"44\/1\/3\/44-27","metadata":false},{"id":70502,"structure_id":13556,"section_number":"44-28","catch_line":"Qualifications of commanding or staff officers","url":"\/44-28\/","token":"44\/1\/3\/44-28","metadata":false},{"id":65098,"structure_id":13556,"section_number":"44-29","catch_line":"Qualifications of National Guard officers","url":"\/44-29\/","token":"44\/1\/3\/44-29","metadata":false},{"id":72069,"structure_id":13556,"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":76571,"structure_id":13556,"section_number":"44-31","catch_line":"Relative rank of officers","url":"\/44-31\/","token":"44\/1\/3\/44-31","metadata":false},{"id":72629,"structure_id":13556,"section_number":"44-32","catch_line":"Oath of National Guard officers","url":"\/44-32\/","token":"44\/1\/3\/44-32","metadata":false},{"id":78795,"structure_id":13556,"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":79065,"structure_id":13556,"section_number":"44-33","catch_line":"Elimination and disposition of officers","url":"\/44-33\/","token":"44\/1\/3\/44-33","metadata":false},{"id":59477,"structure_id":13556,"section_number":"44-34","catch_line":"Repealed","url":"\/44-34\/","token":"44\/1\/3\/44-34","metadata":false},{"id":59358,"structure_id":13556,"section_number":"44-35","catch_line":"Enlistments in National Guard","url":"\/44-35\/","token":"44\/1\/3\/44-35","metadata":false},{"id":54519,"structure_id":13556,"section_number":"44-36","catch_line":"Enlistment contract and oath","url":"\/44-36\/","token":"44\/1\/3\/44-36","metadata":false},{"id":68886,"structure_id":13556,"section_number":"44-37","catch_line":"Discharge of enlisted persons","url":"\/44-37\/","token":"44\/1\/3\/44-37","metadata":false},{"id":78086,"structure_id":13556,"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":60751,"structure_id":13556,"section_number":"44-39","catch_line":"Uniforms, arms and equipment","url":"\/44-39\/","token":"44\/1\/3\/44-39","metadata":false},{"id":66057,"structure_id":13556,"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":66998,"structure_id":13556,"section_number":"44-40","catch_line":"Discipline and training","url":"\/44-40\/","token":"44\/1\/3\/44-40","metadata":false},{"id":72696,"structure_id":13556,"section_number":"44-40.01","catch_line":"Nonjudicial disciplinary proceedings","url":"\/44-40.01\/","token":"44\/1\/3\/44-40.01","metadata":false},{"id":65384,"structure_id":13556,"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":71401,"structure_id":13556,"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":67286,"structure_id":13556,"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":82715,"structure_id":13556,"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":84145,"structure_id":13556,"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":66998,"structure_id":13556,"section_number":"44-40","catch_line":"Discipline and training","url":"\/44-40\/","token":"44\/1\/3\/44-40","metadata":false},"next_section":{"id":65384,"structure_id":13556,"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/44-40.01\/","history_text":"

This law was first created in 2015. The record of its establishment is cataloged in chapter 194<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":84952,"section_number":"44-115","catch_line":"Custom and usage of United States army, air force and navy; applicability of \u00a7\u00a7 44-40, 44-40.01 and Article 4 (\u00a7 44-42 et seq.)","order_by":null,"url":"\/44-115\/"},{"id":70776,"section_number":"44-54.10","catch_line":"Discipline","order_by":null,"url":"\/44-54.10\/"}],"refers_to":false,"permalink":{"id":221949,"object_type":"law","relational_id":72696,"identifier":"44-40.01","token":"44\/1\/3\/44-40.01","url":"\/44-40.01\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/44-40.01\/","token":"44\/1\/3\/44-40.01","dublin_core":{"Title":"Nonjudicial disciplinary proceedings","Type":"Text","Format":"text\/html","Identifier":"\u00a7 44-40.01","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Service members of the Virginia National Guard, not in federal service, are subject to nonjudicial punishment pursuant to Part V of the Manual for Courts<\/span>-Martial, United States. A commander’s authority to impose nonjudicial punishment shall not include the authority to impose correctional custody<\/span>, arrest<\/span> in quarters, restriction, or extra duties. Reduction in rank shall not be imposed if the service member has more than 10 years of military service and is in the rank of E-5 or above. When nonjudicial punishment is to be imposed by a commanding officer of the rank of major or above, a service member shall not be allowed to demand trial<\/span> by court<\/span>-martial in lieu of nonjudicial punishment. Service members shall retain all appeal<\/span> rights available under the Manual for Courts<\/span>-Martial, and the appeal<\/span> shall include a review for abuse of discretion and legal sufficiency of the evidence<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNONJUDICIAL DISCIPLINARY PROCEEDINGS (\u00a7 44-40.01)\n\nService members of the Virginia National Guard, not in federal service, are\nsubject to nonjudicial punishment pursuant to Part V of the Manual for\nCourts-Martial, United States. A commander’s authority to impose\nnonjudicial punishment shall not include the authority to impose correctional\ncustody, arrest in quarters, restriction, or extra duties. Reduction in rank\nshall not be imposed if the service member has more than 10 years of military\nservice and is in the rank of E-5 or above. When nonjudicial punishment is to be\nimposed by a commanding officer of the rank of major or above, a service member\nshall not be allowed to demand trial by court-martial in lieu of nonjudicial\npunishment. Service members shall retain all appeal rights available under the\nManual for Courts-Martial, and the appeal shall include a review for abuse of\ndiscretion and legal sufficiency of the evidence.\n\nHISTORY: 2015, c. 194.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}