§ 361. Military Department; National Guard
(a) The Military Department, created by 3 V.S.A. § 212, shall be administered by the Adjutant and Inspector General and shall include the
National Guard and all military components of the State.
(b) The organized militia shall be known as the National Guard, and shall consist of the
organizations and personnel of any arm, service, corps, or department that the federal
government requires to be maintained in the State. The National Guard shall be organized
in accordance with federal regulations and approved by the Governor. The Governor
may alter, divide, annex, consolidate, disband, or reorganize the Vermont National
Guard and create new organizations as necessary to ensure that the Vermont National
Guard conforms to federal regulations and any system of drill, discipline, administration,
and instruction prescribed for the U.S. Armed Forces.
(c) The Adjutant and Inspector General shall adopt all necessary rules for the government
of the National Guard pursuant to this chapter. (Amended 1959, No. 329 (Adj. Sess.), § 34, eff. March 1, 1961; 1973, No. 223 (Adj. Sess.), § 2, eff. April 4, 1974; 2017, No. 113 (Adj. Sess.), § 113; 2021, No. 10, § 1.)
§ 362. Federal laws and regulations
Matters relating to the organization, discipline, training, and government of the
National Guard not otherwise provided for in this chapter and chapters 23 through
39 of this title, nor in the rules adopted by the Governor or Adjutant General, shall
be decided by the federal laws and regulations prescribed for the National Guard and
the U.S. Army or Air Force as applicable. (Amended 1963, No. 39, § 1, eff. April 11, 1963; 2017, No. 113 (Adj. Sess.), § 114; 2021, No. 10, § 2.)
§ 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.)
§ 364. Governor’s staff officers
The Governor may detail not more than five officers of the National Guard, Reserve
Components of the U.S. Armed Forces, or retired officers of any branch of the U.S.
Armed Forces who are residents of Vermont for duty on his or her staff. The appointed
officers shall serve at his or her pleasure. Service on the Governor’s staff shall
not add to the actual grade of the appointed officers and shall not relieve them from
their ordinary duties except when actually on duty with the Governor. (Amended 2021, No. 10, § 4.)
§ 365. Discharges to officers
Discharges to commissioned officers may be granted by the Governor under rules adopted
by the Adjutant and Inspector General. (Amended 2017, No. 113 (Adj. Sess.), § 116; 2021, No. 10, § 5.)
§ 366. Special duty
When necessary for the military or public service, the Governor or designee may designate
officers or enlisted personnel, or both, for the performance of special duty as required
under the circumstances. (Amended 1999, No. 138 (Adj. Sess.), § 5; 2021, No. 10, § 6.)
§ 367. Costs; fines and forfeiture
Costs incurred in a proceeding to enforce a penalty imposed pursuant to this chapter
or chapters 23 to 39 of this title shall be paid by the State. Fines and forfeitures
imposed pursuant to this chapter or chapters 23 to 39 of this title shall be paid
into the State Treasury. (Amended 2021, No. 10, § 7.)
§ 368. Activation or deployment of National or State Guard or reserve members; professions
and occupations; State regulation
Notwithstanding any provision of law to the contrary, a member of the National Guard,
State Guard, or a reserve component of the U.S. Armed Forces, whose profession or
occupation is regulated by an agency of the State and who holds a valid license, certification,
or registration to practice that profession or occupation at the time of activation
or deployment, shall be entitled to:
(1) An extension of the period of active licensure or certification through the duration
of and up to 60 days following the person’s return from activation or deployment,
provided that maintenance of active licensure or certification is required by the
military during the time of the activation or deployment. In order to qualify for
the extension, the person shall:
(A) notify the agency of his or her activation or deployment at any time prior to the
scheduled expiration of the current license or certification; and
(B) certify that the circumstances of the activation or deployment impede good faith efforts
to make timely application for renewal of the license or certification.
(2) A reasonable opportunity to meet the terms or conditions of licensure or certification
following the person’s return from activation or deployment if military service in
any way interferes with a good faith effort to complete a term or condition of licensure,
regardless of whether the military requires the person to maintain the license or
certification during the time of activation or deployment. (Added 2005, No. 131 (Adj. Sess.), § 1, eff. May 4, 2006; amended 2021, No. 10, § 8.)
§ 369. Awards and medals
Upon the approval of the Governor, the Adjutant and Inspector General may create and
design awards and medals to recognize meritorious service or outstanding achievement
for members of the Vermont National Guard. The Adjutant and Inspector General shall
publish a roster of these awards and medals, the criteria and process for awarding
them, and a description or specification of each award or medal. All awards and medals
shall be presented in the name of the State of Vermont and be awarded to a member
or retired member of the Vermont National Guard or if the member is deceased to the
member’s spouse, child, parent, sibling, or grandchild or, if none, to a person designated
by the executor of the member’s estate. (Added 2011, No. 149 (Adj. Sess.), § 2; amended 2021, No. 10, § 9.)