44-40 - Discipline and training. - Virginia Statutes

§ 44-40. Discipline and training.

The discipline and training of the Virginia National Guard shall conform tothat of the Armed Forces of the United States, and to that end, the Manualfor Courts-Martial, United States, including but not limited to the UniformCode of Military Justice as now existing or subsequently amended, is herebyincorporated as a part of the military laws of Virginia except where inconflict with other provisions of this chapter. Officers and soldiers of theNational Guard shall have such powers in the performance of their duty underthis title as officers and soldiers of the active armed services have in theperformance of like duty under the Uniform Code of Military Justice andManual for Courts-Martial, United States. However, should a person commit anoffense punishable under the criminal laws of Virginia, then prosecutionunder the criminal laws shall bar prosecution under this chapter. TheAdjutant General shall by regulation adapt to state usage the provisions andterminology of the Manual for Courts-Martial, United States, including butnot limited to the Uniform Code of Military Justice.

(1930, p. 955; Michie Code 1942, § 2673(30); 1958, c. 393; 1976, c. 399;1984, c. 7; 1987, c. 32.)