2009 California Military and Veterans Code - Section 280-301 :: Chapter 4. The Naval Militia

MILITARY AND VETERANS CODE
SECTION 280-301

280.  Except where this chapter is inconsistent therewith, Chapter 3
(commencing with Section 210) of Part 1 of Division 2 is hereby
incorporated by reference in this chapter and those provisions shall
apply to the Naval Militia and the officers and enlisted men and
women thereof with the same force and effect as if the provisions
were set out in detail in this chapter.
   In applying Chapter 3 (commencing with Section 210) of Part 1 of
Division 2 to this chapter, the term "Naval Militia" shall be
substituted for the term "National Guard" and the term "Navy
Department" for the term "War Department."

281.  As used in this division in connection with the Naval Militia:
   (a) "Division" and "company" shall have the same meaning and
effect as "company" when used in connection with the infantry of the
National Guard;
   (b) "Battalion" shall have the same meaning and effect as
"battalion" when used in connection with the infantry of the National
Guard.

282.  The Naval Militia shall be located throughout the State at the
discretion of the Governor.

283.  The organization of the Naval Militia shall conform generally
to the provisions of the laws of the United States.

284.  The Naval Militia shall be organized into one or more naval
brigades which shall consist of such administrative battalions
prescribed by the Navy Department for a like number of divisions in
the United States Navy.

285.  The Naval Militia shall consist of such number of deck and
engineer divisions, companies of marines, aeronautic and other
organizations as the Governor prescribes in conformity with the
requirements of the Navy Department.

286.  The several divisions, companies of marines, and other
organizations of the Naval Militia may be organized into battalions
at the discretion of the Governor.

287.  The numerical strength, rank, titles, and insignia of rank of
the divisions and companies of marines of the Naval Militia shall
conform to the laws, rules, and regulations of the United States
Navy, and the rules and regulations prescribed by the Secretary of
the Navy for the Naval Militia.

288.  In order to select a commanding officer for the Naval Militia,
The Adjutant General shall nominate not to exceed three officers,
not below the grade of lieutenant commander, and shall cause such
candidates to be examined. The candidate receiving the highest rating
in such examination shall be recommended by The Adjutant General to
the Governor for commission.

289.  The officers, chief warrant officers, warrant officers, and
enlisted men or women of the Naval Militia shall be of any amount and
grades prescribed by the Governor and shall be of the same number
and grades as are authorized or prescribed by the laws and
regulations of the United States for similar organizations of the
United States Navy or as authorized or prescribed by the laws and
regulations of the Navy Department for the Naval Militia.

290.  Chief warrant officers may be appointed by the Governor upon
the recommendation of the commanding officer of the Naval Militia and
shall receive from the Governor a commission in the same form as
commissioned officers of the Naval Militia.

291.  Warrant officers may be appointed by The Adjutant General upon
the recommendation of the commanding officer of the Naval Militia.
Warrants for warrant officers shall be issued by The Adjutant General
upon the recommendation of the commanding officer of the Naval
Militia.

292.  Chief petty officers and petty officers may be appointed by
the commanding officer of the Naval Militia, who shall issue to such
chief petty officers and petty officers a warrant in proper form.

293.  When vacancies occur in the commissioned personnel, the
commanding officer of the Naval Militia shall recommend not to exceed
three candidates to The Adjutant General who shall cause such
candidates to be examined. The candidate receiving the highest rating
in such examination shall be recommended by The Adjutant General to
the Governor for commission.

294.  The system of discipline and exercise shall conform to that of
the Navy of the United States, to the system of discipline and
exercise prescribed by the provisions of this code relating to the
National Guard, and to that prescribed by the Secretary of the Navy
for the guidance of the Naval Militia.

295.  The Governor may alter, divide, annex, consolidate, and
disband the Naval Militia or any portion thereof whenever in his
judgment the efficiency of the State forces will thereby be
increased. He may also make rules and regulations for the use,
government, and instruction of the Naval Militia. Such rules and
regulations shall conform to those governing the United States Navy
and those prescribed by the Secretary of the Navy for the conduct of
the Naval Militia.

296.  Every enlisted man or woman who enters the Naval Militia may
be provided by the state with a service or dress uniform, or both,
corresponding in make and appearance to the service or dress uniform
of the United States Navy.

297.  In a locality where there are insufficient persons available
to form an engineer division and there already exists an organized
deck division, men and women of the artificer branch may be
additionally enrolled in the deck division with those ratings as they
may be qualified to fill, until there is a sufficient number of them
to form a separate engineer division. Any men and women in the
artificer branch may be rated in the various petty officers' ratings
in the artificer branch of the naval service that they are qualified
to fill. In a locality where there are insufficient persons available
to form a marine company and there is already existing in that
locality a deck division of the Naval Militia, a marine section may
be organized with one officer and not less than twenty enlisted
marines.

298.  The Governor may apply to the President of the United States
for the detail of commissioned officers and petty officers of the
Navy to act as inspectors and instructors in the art of naval
warfare.

299.  Vessels lent by the United States to this State for the use of
the Naval Militia shall be commanded by the ranking officer for line
duty resident at the port to which the vessel is assigned, and in
the absence of such ranking officer for line duty, by the next
ranking officer for line duty.

300.  Summary courts-martial and deck courts for the Naval Militia
may be ordered by the commanding officer of the Naval Militia and
general courts-martial for the Naval Militia may be ordered by the
Governor and shall be organized and conducted within the laws,
regulations, and usages of the United States Navy and the provisions
of this division relating to military courts. The proceedings shall
be reviewed and sentence executed as provided in this division.

301.  Any member of the State Guard or Naval Militia, who at any
time after December 7, 1941, has completed or shall hereafter and
prior to the end of hostilities during World War II complete a
minimum period of, 90 days' service, and shall have continuously
served under honorable conditions up to the time of his separation
from such organization, is entitled to receive an honorable discharge
from the State Guard or Naval Militia. The Adjutant General shall
issue such honorable discharge upon the application of person
entitled to such discharge. In the absence of official records as to
applicant's service, applicant shall have the burden of proving his
service and the decision of The Adjutant General, in case of dispute,
shall be final.



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