{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/44-40.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/44-40.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/44-40.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/44-40.html"}],"law_id":66998,"edition_id":1,"section_id":66998,"structure_id":13556,"section_number":"44-40","catch_line":"Discipline and training","history":"1930, p. 955; Michie Code 1942, \u00a7 2673(30); 1958, c. 393; 1976, c. 399; 1984, c. 7; 1987, c. 32.","full_text":"The discipline and training of the Virginia National Guard shall conform to that of the Armed Forces of the United States, and to that end, the Manual for Courts-Martial, United States, including but not limited to the Uniform Code of Military Justice as now existing or subsequently amended, is hereby incorporated as a part of the military laws of Virginia except where in conflict with other provisions of this chapter. Officers and soldiers of the National Guard shall have such powers in the performance of their duty under this title as officers and soldiers of the active armed services have in the performance of like duty under the Uniform Code of Military Justice and Manual for Courts-Martial, United States. However, should a person commit an offense punishable under the criminal laws of Virginia, then prosecution under the criminal laws shall bar prosecution under this chapter. The Adjutant General shall by regulation adapt to state usage the provisions and terminology of the Manual for Courts-Martial, United States, including but not limited to the Uniform Code of Military Justice.","order_by":null,"text":{"0":{"id":242852,"text":"The discipline and training of the Virginia National Guard shall conform to that of the Armed Forces of the United States, and to that end, the Manual for Courts-Martial, United States, including but not limited to the Uniform Code of Military Justice as now existing or subsequently amended, is hereby incorporated as a part of the military laws of Virginia except where in conflict with other provisions of this chapter. Officers and soldiers of the National Guard shall have such powers in the performance of their duty under this title as officers and soldiers of the active armed services have in the performance of like duty under the Uniform Code of Military Justice and Manual for Courts-Martial, United States. However, should a person commit an offense punishable under the criminal laws of Virginia, then prosecution under the criminal laws shall bar prosecution under this chapter. The Adjutant General shall by regulation adapt to state usage the provisions and terminology of the Manual for Courts-Martial, United States, including but not limited to the Uniform Code of Military Justice.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/44-40\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1976, chapter 399; in 1984, chapter 7; in 1987, chapter 32.<\/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":71401,"section_number":"44-40.2","catch_line":"Administration of oaths and taking of sworn statements by commissioned officers","order_by":null,"url":"\/44-40.2\/"},{"id":70776,"section_number":"44-54.10","catch_line":"Discipline","order_by":null,"url":"\/44-54.10\/"}],"refers_to":false,"permalink":{"id":221945,"object_type":"law","relational_id":66998,"identifier":"44-40","token":"44\/1\/3\/44-40","url":"\/44-40\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/44-40\/","token":"44\/1\/3\/44-40","dublin_core":{"Title":"Discipline and training","Type":"Text","Format":"text\/html","Identifier":"\u00a7 44-40","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>The discipline and training of the Virginia National Guard shall conform to that of the Armed Forces of the United States, and to that end, the Manual for <span class=\"dictionary\">Courts<\/span>-Martial, United States, including but not limited to the Uniform Code of Military Justice as now existing or subsequently amended, is hereby incorporated as a part of the military <span class=\"dictionary\">laws<\/span> of Virginia except where in conflict with other provisions of this chapter. Officers and soldiers of the National Guard shall have such powers in the performance of their duty under this title as officers and soldiers of the active armed services have in the performance of like duty under the Uniform Code of Military Justice and Manual for <span class=\"dictionary\">Courts<\/span>-Martial, United States. However, should a person commit an <span class=\"dictionary\">offense<\/span> punishable under the criminal <span class=\"dictionary\">laws<\/span> of Virginia, then <span class=\"dictionary\">prosecution<\/span> under the criminal <span class=\"dictionary\">laws<\/span> shall bar <span class=\"dictionary\">prosecution<\/span> under this chapter. The Adjutant General shall by regulation adapt to state usage the provisions and terminology of the Manual for <span class=\"dictionary\">Courts<\/span>-Martial, United States, including but not limited to the Uniform Code of Military Justice.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDISCIPLINE AND TRAINING (\u00a7 44-40)\n\nThe discipline and training of the Virginia National Guard shall conform to that\nof the Armed Forces of the United States, and to that end, the Manual for\nCourts-Martial, United States, including but not limited to the Uniform Code of\nMilitary Justice as now existing or subsequently amended, is hereby incorporated\nas a part of the military laws of Virginia except where in conflict with other\nprovisions of this chapter. Officers and soldiers of the National Guard shall\nhave such powers in the performance of their duty under this title as officers\nand soldiers of the active armed services have in the performance of like duty\nunder the Uniform Code of Military Justice and Manual for Courts-Martial, United\nStates. However, should a person commit an offense punishable under the criminal\nlaws of Virginia, then prosecution under the criminal laws shall bar prosecution\nunder this chapter. The Adjutant General shall by regulation adapt to state\nusage the provisions and terminology of the Manual for Courts-Martial, United\nStates, including but not limited to the Uniform Code of Military Justice.\n\nHISTORY: 1930, p. 955; Michie Code 1942, \u00a7 2673(30); 1958, c. 393; 1976, c.\n399; 1984, c. 7; 1987, c. 32.","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}}