Title 23 — Internal Security and Public Order
16 chapters · 458 sections in this title.
23 V.I.C. § 1501 Military Code; short title
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This Act may be cited as the National Guard Act of 1972.
23 V.I.C. § 1502 Definitions
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(a) National Guard of the Virgin Islands means the National Guard of the Virgin Islands and any other military force organized under the laws of the Virgin Islands. (b) Officer means a Commissioned or Warrant Officer. (c) Member means a person other than a Commissioned Officer wh…
23 V.I.C. § 1503 Organization
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The National Guard shall consist of the National Guard of the Virgin Islands, and any other military forces organized pursuant to the laws of the Territory of the Virgin Islands.
23 V.I.C. § 1504 National Guard of the Virgin Islands
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The National Guard shall consist of the Active U.S. Army National Guard, the Inactive U.S. Army National Guard, and the U.S. Air National Guard.
23 V.I.C. § 1505 Composition of the National Guard of the Virgin Islands
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The National Guard of the Virgin Islands shall be composed of citizens of the United States who have been residents of the Virgin Islands for at least one year, comply with the requirements of age, health and otherwise, as prescribed by regulations and voluntarily enlist in the N…
23 V.I.C. § 1506 Commander-in-Chief of the National Guard
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The Governor of the Virgin Islands shall be the Commander-in-Chief of the National Guard.
23 V.I.C. § 1507 Authority and duties of the Commander-in-Chief
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(a) The Governor of the Virgin Islands as Commander-in-Chief of the National Guard shall be empowered to:(a) Nominate a qualified resident of the Virgin Islands for appointment as Adjutant General of the Virgin Islands.(b) Order into the Territorial Active Military Service the Na…
23 V.I.C. § 1508 Adjutant General of the Virgin Islands
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(a) The Adjutant General is the Commander of the National Guard of the Virgin Islands, subordinate only to the Governor. While so serving, the Adjutant General is entitled to compensation from the Government of the Virgin Islands in an amount not to exceed that of the highest pai…
23 V.I.C. § 1509 Conformity of Standard of Armed Forces of the United States of America
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(a) The National Guard of the Virgin Islands shall be organized, armed and equipped with the same type of uniform, arms and equipment prescribed for the Armed Forces of the United States of America. (b) The training and discipline of the National Guard of the Virgin Islands shall…
23 V.I.C. § 1510 Location of units of minimum personnel
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The units of the National Guard of the Virgin Islands shall be located at such places as the Commander-in-Chief may determine.
23 V.I.C. § 1511 Selection and qualification of officers
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Officers of the National Guard of the Virgin Islands shall possess such qualifications as are required by the laws of the United States.
23 V.I.C. § 1512 Appointment and oath for officers
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(a) All officers of the National Guard of the Virgin Islands shall be appointed by the Commander-in-Chief and shall be designated to serve in the units to which appointed, and subscribe to such oath of their office as is prescribed by law or regulation. (b) Notwithstanding any ot…
23 V.I.C. § 1513 Promotion of officers
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Officers of the National Guard of the Virgin Islands shall be promoted in accordance with the regulations promulgated by the Bureau of the National Guard of the United States or by the Commander-in-Chief.
23 V.I.C. § 1514 Separation of officers from service
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The Adjutant General may appoint a board of officers to investigate the conduct, capacity and general fitness of an officer of the National Guard of the Virgin Islands. The board, shall, whenever possible, be comprised of officers superior in rank to the officer being investigate…
23 V.I.C. § 1515 Enlistment in the National Guard of the Virgin Islands
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The term and qualifications for enlistment, the form of the contract, and the oath to be taken by persons enlisting in the National Guard of the Virgin Islands shall be as prescribed by regulations of the Governor. Such regulations, in the case of the National Guard may not be in…
23 V.I.C. § 1516 Discharge of members from the National Guard of the Virgin Islands
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Members and officers of the National Guard of the Virgin Islands shall be discharged in accordance with the regulations promulgated by the Bureau of the National Guard by the Bureau of the National Guard of the United States of America or by the Commander-in-Chief.
23 V.I.C. § 1517 Pay and allowances and leave
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(a) When the Virgin Islands National Guard, or any part thereof, is ordered to active duty for Territorial service by the Governor, as Commander-in-Chief, and pay is authorized for the duty under the order prescribing the Territorial service to be performed, the commissioned offi…
23 V.I.C. § 1518 Transportation, reimbursement of expenses and compensation of officers and enlisted men in special services, other than the Territorial Military Service
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The personnel of the National Guard of the Virgin Islands serving on Military Courts or Military Boards or who fulfill other duties by order of the Adjutant General shall receive adequate transportation to allow them to render the service assigned to them and they shall be reimbu…
23 V.I.C. § 1519 Calls of the Virgin Islands National Guard into Territorial Service
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(a) Whenever it becomes necessary, in case of disaster emergency, invasion, insurrection, or rebellion or imminent danger thereof, or to prevent or suppress lawless violence, or whenever the public safety or welfare shall require, the Commander-in-Chief may issue an order to the …
23 V.I.C. § 1520 Responsibility of Adjutant General
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The Adjutant General shall command all units and members of the National Guard of the Virgin Islands as may be ordered into Territorial Active Military service under section 1519. Subject to the direction of the Governor, the Adjutant General may take whatever action he considers…
23 V.I.C. § 1521 Character of the function of officers and enlisted men of the National Guard of the Virgin Islands in Territorial Active Military Service
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Officers and members of the National Guard of the Virgin Islands in Territorial Active Military Service shall exercise all the powers, duties and responsibilities of Police Officers as authorized by the laws of the Virgin Islands.
23 V.I.C. § 1522 Authority of Governor for the attachment of articles and to order the closing of establishments
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(1) Whenever the Governor orders part or all of the military forces of the Virgin Islands into Territorial Active Military Service under section 1519 he may, by written order—(1) Direct the Adjutant General or other appropriate authority to seize arms, ammunition, explosives, inc…
23 V.I.C. § 1523 Exemption from juror service
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Every officer or member of the National Guard of the Virgin Islands shall, while in the Territorial Active Military Service, be exempt from jury duty.
23 V.I.C. § 1524 Leaves of absence to governmental employees
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(a) An officer or employee of the Government of the Virgin Islands, its agencies, authorities and public corporations, is entitled to leave without loss in pay, time or performance or efficiency rating for each day, not in excess of 30 days in a calendar year in which he is on fe…
23 V.I.C. § 1525 Leaves of absence to employees of private enterprise
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A person in the employ of a private employer shall, upon request, be granted a leave of absence by his employer for the period required to perform Territorial Active Military Service. Upon his release from that service, or upon his discharge from hospitalization incident to that …
23 V.I.C. § 1526 Failure to report for duty; penalties
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Every member of the National Guard of the Virgin Islands who Guard of the Virgin Islands who fails to report for duty to his Commanding Officer on the date and time prescribed by the Commander-in-Chief to report for duty in the Territorial Active Military Service or for duty othe…
23 V.I.C. § 1527 Matter not covered by this Part
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All matters relative to the organization, discipline and direction of the National Guard of the Virgin Islands, not otherwise provided for in this Code, shall be governed by the regulations which shall be promulgated by the Governor.
23 V.I.C. § 1528 Reports to the Commissioner of Finance of the Government of the Virgin Islands
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The National Guard of the Virgin Islands shall render to the Commissioner of Finance of the Government of the Virgin Islands the same reports and statements relative to funds and properties as are required from departments and offices of the Government of the Virgin Islands.
23 V.I.C. § 1529 Property exemption from attachment
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The uniforms, arms, ammunition, and equipment of every officer and member of the National Guard of the Virgin Islands shall Guard of the Virgin Islands shall be exempt from execution on any writ of attachment.
23 V.I.C. § 1530 Power of attorney
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Any member or officer of the National Guard of the Virgin Islands may give a power of attorney to be exercised during the period which the donor shall be on Territorial Active Military Duty or Federal Active Duty. Such a power of attorney shall continue in full force and effect u…
23 V.I.C. § 1531 Discrimination because of employment; penalties
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(a) In addition to any penalty or liability under any other law, any person who willfully deprives a member or officer of his employment by another, obstructs him or his employer in respect to his trade, business or employment because of his affiliation with the National Guard of…
23 V.I.C. § 1551 Uniform Code of Military Justice; appellate review
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The Uniform Code of Military Justice of the United States (Title 10, U.S. Code, section 801 et seq., as amended) and all decisions rendered by appellate authorities thereunder shall govern the operation of the National Guard of the Virgin Islands; provided Guard of the Virgin Isl…
23 V.I.C. § 1552 National Guard acting as peace officers
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Members and officers of the National Guard of the Virgin Islands while on active military duty shall, when so directed by the Adjutant General with the approval of the Governor, be peace officers within the meaning of 5 Virgin Islands Code § 3561 and shall exercise and possess al…
23 V.I.C. § 1553 Liability of members and officers; attorney's fees and court costs incurred on active military duty, payment
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(a) No member or officer of the National Guard of the Virgin Islands shall be liable, either civilly or criminally, for any damage to property or injury to any person, including death resulting therefrom, caused by him or by his order, while performing any military duty lawfully …
23 V.I.C. § 1554 Personnel Merit System not applicable to National Guard
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Except as otherwise provided herein, the provisions of Title 3, chapter 25 of the Virgin Islands Code shall not be applicable to members and officers of the National Guard of the Virgin Islands.
23 V.I.C. § 1555 Insurance coverage for National Guard members and officers
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(a) If any member of the National Guard of the Virgin Islands with civilian employer-sponsored insurance coverage is ordered to Territorial active duty by the Governor for up to 30 days, the service member shall continue civilian health insurance under the same terms and conditio…
23 V.I.C. § 1556 Retirement pension
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(a) Every member and officer of the National Guard of the Virgin Islands who meets the requirements hereinafter set forth shall receive, commencing at age fifty-five, a pension of $350 per month for twenty years' military service. The Adjutant General shall increase the pension a…
23 V.I.C. § 1556a Virgin Islands National Veterans Guard
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Every member of the National Guard of the Virgin Islands who retires from the Guard with twenty years of military service shall be entitled to all benefits granted under Virgin Islands law to veterans of the armed services.
23 V.I.C. § 1557 Re-enlistment bonus
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(a) Subject to rules and regulations promulgated pursuant to section 1515 of this title, any member or officer of the National Guard of the Virgin Islands who has completed an initial period of enlistment in the National Guard of the Virgin Islands and who Guard of the Virgin Isl…
23 V.I.C. § 1558 Appropriations
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There are hereby authorized to be appropriated annually, out of any available funds in the Treasury of the Virgin Islands, for deposit in the Virgin Islands National Guard Fund, such sums as may be necessary to meet the requirements of sections 1556 and 1557 of this title.