ARTICLE 3. Enlisted Persons [250. - 270.]

Cal. Military and Veterans Code - MVC 3.
in effect

Cal. Military and Veterans Code - MVC § 250. Section 250.

The qualifications for enlistment and re-enlistment in the National Guard and the term and the form of oath shall at all times conform to the requirements of the laws of the United States and of this State and the regulations from time to time promulgated by the Department of the Army or the Department of the Air Force of the United States for the government and guidance of the National Guard except for former enlisted members of the United States Army, United States Air Force, United States Navy, or any reserve component thereof, who were honorably separated therefrom but are no longer qualified for enlistment under the laws of the United States.

Cal. Military and Veterans Code - MVC § 251. Section 251.

Every person who enlists or reenlists shall sign the enlistment papers and take the oath required by the laws and regulations of this State and of the United States. Such oath shall be taken before any military or naval officer authorized to administer oaths by the regulations or laws of the United States or of this State. Any wilfully false statement so sworn to is perjury.

Cal. Military and Veterans Code - MVC § 252. Section 252.

Appointments of noncommissioned and petty officers shall conform to the tables of organization and to the rules and regulations prescribed by the United States for the government and administration of the National Guard. All noncommissioned and petty officers shall be appointed by the commanding officer of the division, brigade, regiment, separate battalion, squadron, marine division, or similar organization, upon the recommendation of the commanding officer of the unit in which they are to serve. Noncommissioned and petty officers of separate companies, troops, batteries, detachments, and similar units, not forming part of an existing higher tactical organization, shall be appointed by the Adjutant General. When an examination is required by federal laws or regulations or by state regulations, an enlisted person shall not be appointed until they have successfully passed the examination.

Cal. Military and Veterans Code - MVC § 253. Section 253.

Privates, privates first class and noncommissioned officers shall be appointed within authorized allotments and pursuant to the rules and regulations prescribed by the United States for the government and administration of the National Guard.

Cal. Military and Veterans Code - MVC § 254. Section 254.

Enlisted persons may be transferred to or from organizations or units. Noncommissioned officers may be reduced one or more grades upon good cause appearing therefor. In transferring or reducing an enlisted person or noncommissioned officer the procedure laid down in regulations for the National Guard shall be followed. An order discharging a member of the militia may be vacated by the Adjutant General for good cause; provided, a certificate or other evidence of discharge has not been delivered to the discharged member.

Cal. Military and Veterans Code - MVC § 255. Section 255.

Every enlisted person who enters the National Guard or who is a member of the unorganized militia when called into the service of the state, may be provided by the state with a service or dress uniform, or both, corresponding in make and general appearance to the service or dress uniform of the United States Army.

Cal. Military and Veterans Code - MVC § 256. Section 256.

(a) An enlisted member of the California National Guard who has served 20 years in the active service of the state may, on application, in the discretion of the Governor, be retired. Service in the United States Army, United States Air Force, United States Navy, or any reserve component thereof shall be considered as state service in computing length of state service for the purposes of this section. (b) Upon application made within one year of retirement, the person may, in the discretion of the Governor, be granted an honorary advancement to the next rank above that held on the date of application for retirement. The Adjutant General shall adopt regulations governing the application procedure, qualifications required, and rights and privileges in connection with honorary post-retirement promotions. If recalled to either state or federal active service, a person honorarily promoted under this subdivision shall return to duty in that rank specified by federal law or regulations applicable to the person. (c) An enlisted member on active duty with the office of the Adjutant General pursuant to Section 167 who is not a member of the Public Employees’ Retirement System and who has been on active duty with the office of the Adjutant General for a total of 10 years shall, on application, be retired in accordance with the federal law and regulations which on the date of application govern the retirement of enlisted members of the reserve components of the Army of the United States on extended active duty. In these cases, the length of service shall be computed as provided in this section and Section 215.

Cal. Military and Veterans Code - MVC § 258. Section 258.

In time of war or other emergency or imminent danger thereof, the Governor may detail retired enlisted persons to active duty and on conclusion of the emergency return them to the retired list.

Cal. Military and Veterans Code - MVC § 259. Section 259.

Separation from service of an enlisted person of the National Guard or the unorganized militia called into active service is effected by death or by discharge by proper authority.

Cal. Military and Veterans Code - MVC § 260. Section 260.

The following are causes for discharge of enlisted personnel: (a) Expiration of term of service. (b) Attainment of the age of 64 years. (c) Acceptance of appointment as a commissioned officer in the state or federal service. (d) To enlist in the United States Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard. (e) To accept appointment in the United States Military Academy, Naval Academy, Air Force Academy, or Coast Guard Academy. (f) To accept appointment as a flying cadet. (g) To re-enlist. (h) Discontinuance of the organization in which the person is serving. (i) Change of residence. (j) Certificate of disability. (k) Inaptness or misconduct. ( l ) Fraudulent enlistment. (m) Action of civil or military court. (n) Draft into the service of the United States. (o) Business or educational interference. (p) Any other reason the Governor deems adequate and satisfactory. (q) For the best interests of the military service. (r) For the good of the service. (s) For absence without leave. (t) Active participation in any of the conduct set forth in subdivision (a) of Section 240.

Cal. Military and Veterans Code - MVC § 261. Section 261.

(a) (1) Except as provided in subdivision (b), the discharge of enlisted personnel under the provisions of Section 260 shall be effected by order of the Governor, under those regulations as may be prescribed, or as may be authorized by the laws and regulations prescribed for the government of the National Guard by the United States and that are not inconsistent with this code. (2) An enlisted person shall receive an other than honorable discharge pursuant to subdivision (t) of Section 260, in accordance with United States Department of Defense regulations and any applicable procedures and regulations of the individual service branches. (b) The Adjutant General may discharge a person who is absent without leave for a period of 90 days or more. The discharge under this subdivision shall be a general discharge under honorable conditions.

Cal. Military and Veterans Code - MVC § 262. Section 262.

An enlisted person discharged from the National Guard or the unorganized militia when called or ordered into active service of the state shall receive a discharge in writing in a form and with those qualifications as may be prescribed under the laws and regulations prescribed for the government of the National Guard by the United States and that are not inconsistent with this code. The certificates of discharge may be in the form of an honorable, a general, or undesirable discharge. Bad conduct and dishonorable discharges shall be awarded only by courts-martial as provided in this code.

Cal. Military and Veterans Code - MVC § 263. Section 263.

When an enlisted person of the National Guard or the unorganized militia called into active service is absent without leave and there is reason to believe that the enlisted person does not intend to return, or quits their organization or place of duty with the intent to avoid hazardous duty or to shirk important service, that person is a deserter.

Cal. Military and Veterans Code - MVC § 264. Section 264.

With the express authority of the Governor, a deserter may be dropped from the rolls of his organization. Any soldier discovered to be a deserter from the military or naval service of the United States shall, if not under charges, be dropped from the rolls.

Cal. Military and Veterans Code - MVC § 266. Section 266.

An enlisted person who has been dropped as a deserter shall not be restored to duty without prior disposition of the charge of desertion standing against them. The charge shall be disposed of by trial by court-martial; by restoration to duty, desertion admitted, upon a written application of the soldier admitting the desertion; or by the setting aside of the charge of desertion when it had been erroneously made.

Cal. Military and Veterans Code - MVC § 267. Section 267.

A deserter shall not be restored to duty without trial except by the Governor or by an officer authorized to appoint a general court-martial. Restoration to duty without trial shall not remove the charge of desertion or relieve the enlisted person from any of the forfeitures attached to that offense. Setting aside a charge of desertion as having been erroneously made shall remove the charge of desertion and all stoppages and forfeitures arising therefrom.

Cal. Military and Veterans Code - MVC § 268. Section 268.

All time lost while absent without leave or in desertion, in excess of twenty-four hours, shall be made good unless the enlisted person is sooner discharged by proper authority.

Cal. Military and Veterans Code - MVC § 269. Section 269.

No enlisted person who has been dishonorably discharged from the military or naval service of this state, or of another state, territory or district, or of the United States shall be permitted to enter again the military or naval service of this state without the approval of the Governor of this state.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026

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