Title 141 W. Va. C.S.R.

Adjutant General Adjutant General

Series 42 West Virginia Army National Guard Governor's Trophy, Sergeant's Major Trophy, Forscom Sergeant Audie Murphy Club

W. Va. Code R. § 141-42 West Virginia Army National Guard Governor's Trophy, Sergeant's Major Trophy, Forscom Sergeant Audie Murphy Club

STATE OF WEST VIRGINIA

ADJUTANT GENERAL'S DEPARTMENT

CHARLESTON 25311-1085

MAR OFFICE

OF WEST SECRETARY

FILES

OF VIRGINIA * STATE '93

WV MILITARY REGULATION (ARMY)

NUMBER 672-20

Series 42 WEST VIRGINIA ARMY NATIONAL GUARD GOVERNOR'S TROPHY SERGEANT'S MAJOR TROPHY FORSCOM SERGEANT AUDIE MURPHY CLUB Page

Section I Introduction

Purpose References General Information Procedures.

Organizational Responsibility

Section II The Governor's Trophy Description Eligibility Criteria Announcement of Winner.

Section III Sergeant's Major Trophy Description Eligibility Criteria Announcement of Winner

Section IV FORSCOM Sergeant Audie Murphy Club Description Eligibility Criteria Announcement of Winner.

Section V Rules for the Governor's Trophy, Sergeant's Major Trophy FORSCOM Sergeant Audie Murphy Club Nomination Procedures Screening Boards Final Competition Sequence of Events Organization of Competition.

Selection Board Duties and Responsibilities.

Supersedes WVMR (Army) 672-20, dtd 11 February 1992 NOTE: Changes are Underlined APPENDICES

Appendix A - Sample Letter of Commander's Nomination for the Governor's Trophy

Appendix B - Sample Letter of Commanders Nomination for the Sergeants Major Trophy

Appendix C - Sample Letter of Commander's Nomination for the FORSCOM Sergeant Audie Murphy Club

Appendix D - Unit Commander's Performance Test for SAMC

Appendix E - Final Screening Board Selection Sheet

Section I Introduction 1. PURPOSE: This regulation provides information and administrative guidance for awarding the WVARNG Governor's Trophy, the Sergeants Major Trophy and the FORSCOM Sergeant Audie Murphy Club award.

2. REFERENCES:

a. AR 600-8-2, Suspension of Favorable Personnel Actions.

b. AR 672-5-1, Military Awards.

c. AR 350-17, NCO Development Program.

d. AR 672-1, Award of Trophies and Similar Devices in Recognition of Accomplishments.

e. NGR 600-200, Enlisted Personnel Management.

f. FORSCOM Circular 215-91-10.

g. FM 22-100, Military Leadership.

h. FM 22-600-20, The Army NCO Guide.

3. GENERAL INFORMATION:

Commanders and Command Sergeants Major at all levels are privileged to recognize achievements of enlisted members of their command. This awards program is one method of providing that recognition. These awards, given annually, are to honor the outstanding NCO and enlisted member of the West Virginia Army National Guard. Selected soldiers exemplify leadership, training and professional development of a combat ready NCO Corps.

4. PROCEDURES: Procedures and criteria for these awards are outlined in Section II, III and IV of this

regulation.

5. ORGANIZATIONAL RESPONSIBILITY: Each organizational CSM/SGM will be responsible to insure that his organization is represented in the Sergeant's Major Trophy, the Governor's Trophy competition and the FORSCOM Sergeant Audie Murphy Club. Only the best soldier from each organization will be selected. The winner of the Sergeant's Major Trophy or the Governor's Trophy may also win the FORSCOM Sergeant Audie Murphy Club award.

6. DESCRIPTION: The Governor's Trophy is a bowltype trophy awarded annually to the Noncommissioned Officer of the Year in the West Virginia Army National Guard (E-5 thru E-7). E-8 and E-9 are not eligible to compete.

7. ELIGIBILITY CRITERIA:

a. Minimum of five (5) years of service.

b. Minimum rank of E-5.

c. Maximum rank of E-7.

d. Not a previous winner of the award.

e. Attended most recent AT period and received credit for 44 of the last 48 unit training assemblies (No Unsatisfactory Participation).

f. Nominated by Commander and Command Sergeant Major.

g. Selected by screening board.

3. ANNOUNCEMENT OF WINNER:

a. The Adjutant General/Commander, WVARNG and the State Command Sergeant Major will announce the winner and present the Governor's Cup.

b. The winner's name will be engraved on the permanent trophy and an engraved replica will be provided the winner.

c. The winner will be awarded the Army Commendation Medal (ARCOM). Should winner also win the FORSCOM Sergeant Audie Murphy Club Award, only one ARCOM will be awarded.

d. The winner will be provided a $200.00 US Savings Bond and a Blue and Gold colored citation cord to be worn IAW AR 670-1. Permanency of the award will be reflected by a permanent order placed in the winners 201 file. The order will be written by DCSPER, WVARNG, and awarded on site at the awards presentation.

e. The winner will serve as the Enlisted Aide to the Governor and the Adjutant General, upon request for the year following selection. Such duties will include:

(1) Participation in inaugural ceremonies.

(2) Participation in any official visit of the governor to a unit within the command of which the NCO of the Year is a member.

(3) Participation in any other military activity as required by the Governor and/or the Adjutant General of West Virginia.

(4) The State Command Sergeant Major will be responsible for coordination of all activities requiring the Enlisted Aide to the Governor and the Adjutant General.

Section III The Sergeants Major Trophy 1. DESCRIPTION: The Sergeants Major Trophy is a Minute man type plaque awarded to the outstanding enlisted member (Soldier of the Year) of the West Virginia Army National Guard in grades E3-E4.

2. ELIGIBILITY CRITERIA:

a. Minimum of one year in the WVARNG.

b. Minimum rank of E-3.

c. Maximum rank of E-4.

d. Not a previous winner of the award.

e. Attended most recent AT period or service school in lieu of AT.

f. Received credit for 44 of last 48 training assemblies (No Unsatisfactory Participation).

g. Nominated by Commander and Command Sergeant Major.

h. Selected by screening board.

3. ANNOUNCEMENT OF WINNER:

a. The Adjutant General/Commander, WVARNG and the State Command Sergeant Major will announce the winner and present the trophy.

b. The winner's name will be engraved on the permanent trophy and an engraved replica will be provided to the winner.

c. The winner will be awarded the Army Commendation Medal and a $50.00 Savings Bond and will serve as the Enlisted Aide to the Governor and the Adjutant General, upon request for the year following selection. Such duties will include:

(1) Participation in inaugural ceremonies.

(2) Participation in any official visit of the governor to a unit within the command of which the NCO of the Year is a member.

(3) Participation in any other military activity as required by the Governor and/or the Adjutant General of West Virginia.

(4) The State Command Sergeant Major will be responsible for coordination of all activities requiring the Enlisted Aide to the Governor and the Adjutant General.

Section IV FORSCOM Sergeant Audie Murphy Club Competition 1. DESCRIPTION: Membership in the FORSCOM Sergeant Audie Murphy Club (SAMC) is a reward for NCOs whose demonstrated performance is characterized by that of Sergeant Audie Murphy. The members of this elite organization exemplify leadership characterized by personal concern for the needs, training, development, and welfare of soldiers.

2. ELIGIBILITY CRITERIA:

a. Minimum of one year in the WVARNG.

b. Minimum rank of E-4 (Corporal only)

c. Maximum rank of E-7 d. Not a previous winner of this award.

e. Can also be considered for the Governor's Trophy and Sergeants Major Trophy provided all eligibility criteria for each award are met.

f. The nominee may have won the WVARNG Governor's .

Trophy or the Sergeants Major Trophy in prior years or may be being considered as a nominee this year.

g. Attended most recent AT period or service school in lieu of AT.

h. Received credit for 44 of the last 48 training assemblies (No Unsatisfactory Participation).

i. Must directly supervise a minimum of two soldiers. (This criteria must be met.)

j. Nominated by Commander and Command Sergeant Major. (See Appendix D).

k. Selected by screening board. (See Appendix E).

3. ANNOUNCEMENT OF WINNER:

a. The Adjutant General/Commander, WVARNG and the State Command Sergeant Major will announce the winner and present the FORSCOM Sergeant Audie Murphy Club award.

b. The winner will be provided with a SAMC framed certificate, a SAMC award medallion and a letter of commendation from the Adjutant General.

c. The winner will also be awarded the Army Commendation Medal (ARCOM). Should winner also win the Governor's Trophy or the Sergeants Major Trophy only one ARCOM will be awarded. The order will be written by DCSPER, WVARNG.

d. The winner will serve as the Enlisted Aide to the Governor and the Adjutant General, upon request for the year following selection. Such duties will include:

(1) Participation in inaugural ceremonies.

(2) Participation in any official visit of the governor to a unit within the command of which the NCO of the Year is a member.

(3) Participation in any other military activity as required by the Governor and/or the Adjutant General of West Virginia.

(4) The State Command Sergeant Major will be responsible for coordination of all activities requiring the Enlisted Aide to the Governor and the Adjutant General.

Section V The Rules 1. NOMINATION PROCEDURE a. Any eligible member of the WVARNG may submit a request to the unit commander for permission to participate in these competitions.

b. The unit commander will determine eligibility of all applicants and forward qualifying applications to the the appropriate screening board. Letters of nomination will accompany the application and contain, as a minimum, the following information. (See Appendix A, B and C for sample nomination letters and Appendix D for SAMC nomination worksheet).

(1) Name, rank, SSN, DMOS, duty assignment and unit.

(2) Total years service (3) Certification of A T and unit training assembly attendence.

(4) Qualification with individual weapon (EX, SS, MM), and date of qualification.

(5) Latest date of successful completion of annual APFT.

(6) Certification of compliance with AR 600-9 (height/ weight).

(7) Certification of MOS qualification and method of qualification.

(8) Current NCO-ER (if applicable).

(9) Copy of DA Form 2-1 with Regimental Affiliation annotated.

2. SCREENING BOARDS:

a. A screening board will be appointed by the senior commander for each of the unit groupings listed below. The Command Sergeant Major will be president of the board unless otherwise directed by the commander.

b. Following is a list of units:

UNIT

WV-STARC *WV Military Academy *Army Training Site (ATS) *Det 1 (Fix-Wing) EAATS HHC 111th Engr Gp 119th Engr Co (CSE) 229th Engr Det 1092d Engr Bn 1st Sqdn 150th Armd Cav 1st Bn 201st FA 2d SF Bn 19th SFGA Spt Co 2d SF Bn 19th SFGA D-1 Spt Co 2d SF Bn 19th SFGA Troop Command 146th Med Det 249th Army Band 157th MP Co 152d MP Det 153d PA Det 254th Trans Co 3664th Maint Co Co B 104th Avn Bn Det 2 Co C, 2-137th Avn Bn Co D (-) 2-104th Avn Bn Det 1, HHC, 2-104th Avn Bn Det 5, HHC, 2-137th Avn Bn *WV Military Academy, EAATS and the Army Training Site nominees will be boarded with the HQ-STARC in Charleston, WV.

c. Each screening board will select an outstanding NCO and enlisted person to represent the command for the three areas of competition. (See Appendix E for SAMC criteria).

d. Selection will be completed not later than the first weekend in August each year and nominations will be forwarded to the Adjutant General ATTN: WVAR-CSM not later than 1 September of each year.

3. FINAL COMPETITION: Conducted on the first Saturday in October of each year, at the Adjutant General's Department, WVARNG, unless otherwise directed by the Chief of Staff. Candidates for the FORSCOM Audie Murphy Club who are E-4's, Corporals, will be judged concurrently with the Sergeants Major Trophy candidates and candidates who are E-5 through E-7 will be judged concurrently with the Governor's Trophy candidates.

4. SEQUENCE OF EVENTS:

a. Contestants will arrive at the Charleston WVARNG Armory on the day of competition not later than 0700 hours.

All contestants will be in a duty status and competition will begin at 0800 hours. NOTE: Individuals requiring quarters for Friday night should notify the WV State Command Sergeant Major or make their own reservations.

b. Announcement of the winners will be made at the conclusion of all phases of the competition.

5. ORGANIZATION OF COMPETITION: Competition will be conducted in three parts, and in sequence as follows:

6. Station 1-Subject: Personal Inspection (BDU without LBE) -maximum points this station-50.

7. Station 2-Subject: Oral examination - maximum points this station- 100. NOTE: Oral examination will be given upon completion of inspection in BDU uniform. The oral examination will consist of the following subjects:

(1) Military Courtesy.

(2) Chain of Command (DOD, US Army, WVARNG).

(3) AR 670-1 Army Uniforms and Insignia.

(4) Enlisted Evaluation System (NCO-ER).

(5) Interior Guard and Physical Training.

(6) First Aid and Field Sanitation.

(7) Current Training Doctrine.

(8) Promotion Requirements IAW NGR 600-200.

(9) Drill and Ceremonies.

(10) World Affairs.

(11) Appropriate skill level of CTT.

3. Station 3- Subject: Personal Inspection - Uniform Class A-Army Dress Green) 50 points in accordance with AR 670- 1 (current). Maximum points this station - 50 6. SELECTION BOARD DUTIES AND RESPONSI- BILITIES:

a. The Adjutant General - Appointment of the Selection Board consisting of the SCSM, WVARNG as president, and the CSM/SGM from each major organization as members.

b. Commander, WVARNG - Provide instruction and guidance to the board president to insure adequate assistance is provided for the conduct of the proceedings.

c. State Command Sergeant Major duties and responsibilities as follows:

(1) Serves as President of the Selection Board.

(2) Organizes all phases of the competition.

(3) Provides instructions and guidance to other board members and assigns duties as deemed necessary.

(4) Checks all nominations for determination of eligibility.

(5) Ensures all nominations are complete and contain the required information listed in Section V, paragraph 1.

(6) Arranges for processing and reception of contestants.

(7) Prepares final ranking of all competitors and advises the Adjutant General of the results.

(8) Makes arrangements for presentation of awards, to include publicity by the PA Detachment.

d. The Selection Board Members (particular members selected by the State Command Sergeant Major) duties and responsibilities as follows:

(1) Safeguards examination from compromise.

(2) Assign personnel to conduct and grade the examination; and provide final results to the Board.

(3) Arranges for subsistence for all personnel.

(4) Arranges for sleeping quarters if required.

(5) If a tie exists in the final competition, a committee of present Command Sergeant's Major (CSM) ,exempting the winning units CSM, will make the final decission of the winner.

FOR THE GOVERNOR:

Cough Skaff Major General, WVARNG The Adjutant General

APPENDIX A COMMANDER'S NOMINATION LETTER FOR GOVERNOR'S TROPHY

UNIT UNIT ADDRESS

(DATE)

THRU Commander, Higher Headquarters FOR The Adjutant General, State of West Virginia, 1703 Coonskin Drive, Charleston, West Virginia 25311-1085 SUBJECT: Letter of Nomination for the Governor's Trophy 1. Reference:

2. The following named individual is nominated for consideration as the Noncommissioned Officer of the Year for the WVARNG (Governor's Trophy) :

NAME:

SSN:

DUTY Assignment:

RANK:

DMOS :

3. This individual meets the requirements for consideration by virtue of the following accomplishments:

a. Total Years Service:

Total WVARNG Service: or b. Attended most recent AT during attended during the period ILO AT.

c. Qualified as with individual weapon on · d. Attended of last 48 training assemblies. e. . Completed APFT on . score (include copy of DA Form 705) .

f. Meets height/weight standards of AR 600-09: AGE:

HEIGHT .

WEIGHT ,

FORM # if appropriate.

g. Qualified in DMOS thru completion of:

h. Received the following Awards/Decorations:

i. Completed the following military courses:

j. Completed NCO-ER is enclosed as Enclosure 1.

Encl 1. NCO-ER 2.

DA Form 705 COMMANDING Copy of pages A-1 & A-2 will be used for nomination of soldiers AGO Form 672-20, dtd 1 Jan 81 is obsolete

APPENDIX B COMMANDER'S NOMINATION LETTER FOR SERGEANT'S MAJOR TROPHY

UNIT

UNIT ADDRESS

(DATE)

THRU Commander, Higher Headquarters FOR The Adjutant General, State of West Virginia, 1703 Coonskin.

Drive, Charleston, West Virginia 25311-1085 SUBJECT: Letter of Nomination for the Sergeant's Major Trophy 1. References:

2. The following named individual is nominated for consideration as the Noncommissioned Officer of the Year for the WVARNG (Sergeant's Major Trophy) :

NAME:

RANK:

SSN:

DMOS :

DUTY ASSIGNMENT:

3. This individual meets the requirements for consideration by virtue of the following accomplishments:

a. Total Years Service:

Total Years WVARNG b. Attended most recent AT during or attended during the period ILO AT.

c. Qualified as with individual weapon \on · d.

Attended of last 48 training assemblies.

e. Completed APFT on Socre (include compy of DA Form 705) .

f. Meets height/weight standards of AR 600-09: AGE , HEIGHT , WEIGHT ៛ FORM # if appropriate.

g. Qualified in DMOS thru completion of:

h. Received the following Awards/Decorations:

i. Completed the following military courses:

j. A current NCO-ER is enclosed as Enclosure 1.

Encls COMMANDING 1. NCO-ER 2. DA Form 705 Copy of B-1 & B-2 will be used for nomination of soldiers AGO Form 672-20, dtd 1 Jan 81 is obsolete

APPENDIX C COMMANDER'S NOMINATION LETTER FOR SERGEANT AUDIE MURPHY CLUB

UNIT UNIT ADDRESS

MEMORANDUM FOR

SUBJECT: Sergeant Audie Murphy Club Nomination and Worksheet NAME:

SSN :

GRADE:

PMOS :

SMOS :

PMOS SQT:

DATE:

UNIT:

DUTY PHONE:

DUTY POSITION & DATE ASGN:

TIME IN SVC:

ETS :

MONTHS IN PRESENT JOB:

CIVILIAN CLEARANCE :

Encls 1.

DD Form 2266 2. Bio Sketch (COMMANDERS SIGNATURE BLOCK)

APPENDIX D UNIT COMMANDER'S PERFORMANCE TEST FOR SAMC

UNIT UNIT ADDRESS

MEMORANDUM FOR

SUBJECT: Sergeant Audie Murphy Club Performance Test 1. The following performance test results are submitted:

a. Name:

b. Rank:

c. SSAN:

d. Unit:

e. DOR:

f. DOB:

g. ETS:

h. PMOS: i.

Highest NCOES: j.

Number of subordinate soldiers supervised:

k. Name and address of next of kin: 1.

Awards/Decorations/Letters of Achievements:

m. Performance Achievements:

Individual Subordinate Soldiers (1)

SDT Score SDT Score (Total %)

(2)

APFT Test Score APFT Test Score (Total %)

(3)

Individual Weapon Qualification Score (4)

Number of Subordinate Soldiers Qualified:

EXP MM

SS 2. The next areas measure discipline in subordinate soldiers of candidates during the last 12 months:

a. Unsatisfactory Participation:

b. DWI:

c. UCMJ :

3. Any other information pertinent to the candidates leadership accomplishments:

COMPANY COMMANDER/1SG

APPENDIX E SAMC BOARD WORKSHEET

NAME

RANK

UNIT

DATE

SUBJECT:

GO/ NO GO 1.

Drill and Ceremonies 2.

Leadership 3. NBC 4.

First Aid (Combat Leader) 5.

Preparing Defensive Positions:

a. Use of Terrain b.

Use of Weapons c. Use of Diagrams/Maps/Range Cards d.

Standards of Fighting Positions 6.

Maintenance Management Procedures 7. Training the Force (FM 25-100/FM 25-101)

8. NCOES Requirements and Procedures 9.

Knowledge of Family/Soldier Support Agencies a. Alcohol and Drug Abuse Prevention Control b. Red Cross c.

Outreach d. Financial Support e. CHAMPUS f. EO/EEO 10.

Safety Programs 11.

Military Bearing and Appearance PASS/FAIL NOTE:

PASS RATE: 80% of first 10 areas.

Series 49 Military Justice

W. Va. Code R. § 141-49-1 General

1.1. Scope. -- The duty of maintaining and governing the military forces of the State not in the service of the United States rests upon the State, subject to constitutional authority. The purposes of such forces are twofold; national defense and service of the State. Their efficiency for both purposes necessarily depends upon systematic uniformity in organization, composition, arms, equipment, training and discipline with the armed forces of the United States and the military forces of other states. Accordingly, the purpose of military law is to promote justice, to maintain good order and discipline, to promote efficiency and effectiveness in the military, and to strengthen the security of the several states and of the United States. The purpose of this regulation is to implement the Uniform State Code of Military Justice, and to prescribe the policies and procedures pertaining to the administration of military justice applicable to members of the West Virginia National Guard.

1.2. Authority. --

1.2.a. West Virginia Code, Chapter 15, Article 1E, Section 1 et seq. (Uniform State Code of Military Justice)

1.2.b. Title 32, United States Code, Sections 326-333. (32 U.S.C.A. 326-333).

1.2.c. Title 10, United States Code, Sections 801-940. (10 U.S.C.A. 801-940).

1.2.d. Manual for Courts-Martial, United States, as amended.

1.3. Filing Date. -- November 3, 2010.

1.4. Effective Date -- November 3, 2010.

STATE OF WEST VIRGINIA

ADJUTANT GENERAL’S DEPARTMENT

CHARLESTON 25311-1085

WV MILITARY REGULATION (ARMY) 03 November 2010 NUMBER 27-10 WV MILITARY REGULATION (AIR)

NUMBER 111-10

MILITARY JUSTICE*

Paragraph Page

SECTION I

GENERAL

Scope

Authority Applicability Definitions Abbreviations West Virginia Manual for Courts Martial

1.1

1.2

1.5

1.6

1.7

1.8 4-5

SECTION II

JURISDICTION

Jurisdiction of Courts-Martial in General Reciprocal Jurisdiction Jurisdiction of General Courts-Martial Jurisdiction of Special Courts-Martial Jurisdiction of Summary Courts-Martial

2.1

2.2

2.3

2.4

2.5 5-6 6-7

SECTION III

NONJUDICIAL PUNISHMENT

Authority Minor Offenses Nonpunitive Measures Punishments Right to Demand Trial

3.1

3.2

3.3

3.4

3.5 7-8

SECTION IV

PRETRIAL PROCEDURE

Preparation of Charge Sheet Service of Charges Apprehension and Restraint

4.1

4.2

4.3 8-10 10-11 *This regulation supersedes WVMR (Army) 27-10 and WVMR 111-10 (Air), dated 27 July 1987.

SECTION V

TRIAL PROCEDURE

Counsel General Trial Procedure Summary Court-Martial Procedure for Summary Court Officers

5.1

5.2

5.3 11-12 12-13

SECTION VI

POST-TRIAL PROCEDURE

Sentences Sentences of Confinement and Forfeiture to be approved by the Adjutant General Sentences of Dismissal, Dishonorable Discharge or Bad Conduct Discharge to be Approved by the Governor or the Adjutant General Complete Record of Proceedings and Testimony If Bad Conduct Discharge Adjudged Disposition of Fines, Penalties and Proceedings of Courts-Martial Review of Courts-Martial

6.1

6.2

6.3

6.4

6.5

6.6 14-15

APPENDIX I

Nonjudicial Punishment 16-29 ATTACHMENT 1 Guide for Conduct of Nonjudicial Punishment Proceedings 30-38 ATTACHMENT 2 Warrant for Arrest ATTACHMENT 3 Sample Format for Transmittal of Court-Martial Charges ATTACHMENT 4 Sample Format for Convening Order ATTACHMENT 5 Sample Format for Order of Commitment AGO Form 600-200-2 Request for Reduction Orders

W. Va. Code R. § 141-49-1 General

1.1. Scope. -- The duty of maintaining and governing the military forces of the State not in the service of the United States rests upon the State, subject to constitutional authority. The purposes of such forces are twofold; national defense and service of the State. Their efficiency for both purposes necessarily depends upon systematic uniformity in organization, composition, arms, equipment, training and discipline with the armed forces of the United States and the military forces of other states. Accordingly, the purpose of military law is to promote justice, to maintain good order and discipline, to promote efficiency and effectiveness in the military, and to strengthen the security of the several states and of the United States. The purpose of this regulation is to implement the Uniform State Code of Military Justice, and to prescribe the policies and procedures pertaining to the administration of military justice applicable to members of the West Virginia National Guard.

1.2. Authority.

1.2.a. West Virginia Code, Chapter 15, Article 1E, Section 1 et seq. (Uniform State Code of Military Justice).

1.2.b. Title 32, United States Code, Sections 326-333. (32 U.S.C.A. 236-333).

1.2.c. Title 10, United States Code, Sections 801-940. (10 U.S.C.A. 801-940).

1.2.d. Manual for Courts-Martial, United States, as amended.

1.3. Filing Date. -- November 3, 2010.

1.4. Effective Date. -- December 3, 2010.

1.5. Applicability.

1.5.a. The administration of military justice in the West Virginia National Guard shall be governed by the provisions of W. Va. Code 15-1E-1 et seq., known as the “Uniform State Code of Military Justice,” this regulation, the West Virginia Manual for State Courts-Martial, “WVMCM,” Manual for Courts-Martial, United States, as amended and supplemented from time to time, except insofar as the provisions of such manual may be inconsistent with the Uniform State Code of Military Justice or inconsistent with, or modified by these regulations, and as nearly as practicable to the laws and regulations of the United States governing the administration of military justice in the armed forces of the United States, unless the same shall be incompatible with state law or regulation.

1.5.b. All matters relating to the administration of military justice of the military forces of the State, not otherwise provided for in this regulations or the WVMCM, shall be decided by custom, usage and regulations of the armed forces of the United States.

1.5.c. The use of the masculine gender throughout this regulation shall also include the feminine gender.

1.6. Definitions. -- For definitions, see Chapter 15, Article 1E, Section 1, Uniform State Code of Military Justice and the WVMCM.

1.7. Abbreviations. -- Abbreviations used in these regulations are interpreted as follows:

1.7.a. USCMJ -- Uniform State Code of Military Justice, West Virginia Code, Chapter 15, Article 1E, Section 1 et seq.

1.7.b. MCM -- Manual for Courts-Martial United States, as amended and updated.

1.7.c. R.C.M. -- Rules for Courts-Martial.

1.7.d. M.R.E. -- Military Rules of Evidence.

1.7.e. UCMJ -- Uniform Code of Military Justice.

1.8. West Virginia Manual for State Courts-Martial. -- This regulation authorizes the implementation of the West Virginia Manual for State Courts-Martial referred to as either the “Manual” or “WVMCM.” The purpose of the WVMCM shall be to assist in securing simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay in implementing the USCMJ. That Manual will prescribe the policies and procedures pertaining to the administration of military justice and implements the applicable portions of the Uniform Code of Military Justice [hereinafter Code], and the Manual for Courts-Martial, United States, as amended [hereinafter MCM].

W. Va. Code R. § 141-49-2 Jurisdiction

2.1. Jurisdiction of Courts-Martial in General.

2.1.a. The jurisdiction of courts-martial is entirely penal or disciplinary.

2.1.b. The jurisdiction of courts-martial does not, in general, depend on where the offense was committed. Similarly, the jurisdiction of a court-martial with respect to offenses against military law is not affected by the place where the court acts or is convened.

2.1.c. As to persons subject to trial by courts-martial, see USCMJ, Sections 2 and 3.

2.1.d. As to jurisdiction for contempts, see USCMJ, Section 48.

2.1.e. Courts-martial shall have exclusive jurisdiction over purely military offenses. A person subject to the USCMJ is, as a rule, also subject to the law applicable to persons generally, and if by an act or omission he violates the USCMJ and the local criminal law, the act or omission may be made the basis of a prosecution before a court-martial or before a proper civil tribunal, and in some cases before both. However, jurisdiction shall not be extended to crimes not included in Chapter 15, Article 1E, USCMJ.

2.2. Reciprocal Jurisdiction. -- Commanders in one force of the state military forces are authorized to convene courts-martial for the trial of members of another force only when specifically empowered by The Adjutant General.

2.3. Jurisdiction of General Courts-Martial.

2.3.a. Subject to paragraph 7, general courts-martial have the power to try persons subject to the USCMJ for any offense made punishable by the USCMJ and may adjudge any punishment authorized by USCMJ, Section 18.

2.3.b. General courts-martial may be convened by:

2.3.b.1. The Governor;

2.3.b.2. The Adjutant General;

2.3.b.3. The commanding officer of a force of the state military forces;

2.3.b.4. The commanding officer of a division or a separate brigade; or

2.3.b.5. The commanding officer of a separate wing.

2.3.c. If any such commanding officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.

2.4. Jurisdiction of Special Courts-Martial.

2.4.a. Subject to paragraph 2.1., special courts-martial shall have jurisdiction to try persons subject to the USCMJ except commissioned officers and may adjudge any special courts-martial authorized by USCMJ, Section 19.

2.4.b. Special courts-martial may be convened by:

2.4.b.1. Any person who may convene a general court-martial;

2.4.b.2. The commanding officer of a garrison, fort, post, camp, station, Air National Guard base, or naval base or station;

2.4.b.3. The commanding officer of a brigade, regiment, detached battalion, or corresponding unit of the Army;

2.4.b.4. The commanding officer of a wing, group, separate squadron, or corresponding unit of the Air Force; or

2.4.b.5. The commanding officer or officer in charge of any other command when empowered by The Adjutant General.

2.4.c. If any such officer is an accuser, the court shall be convened by superior competent authority and may in any case be convened by such superior authority if considered desirable by such authority.

2.5. Jurisdiction of Summary Courts-Martial.

2.5.a. Subject to paragraph 2.1., summary courts-martial shall have jurisdiction to try enlisted persons subject to the USCMJ for any offense made punishable by the USCMJ and may adjudge any punishment authorized by USCMJ, Section 20.

2.5.b. Summary courts-martial may be convened:

2.5.b.1. By any person who may convene a general or special court- martial;

2.5.b.2. The commanding officer of a detached company or other detachment, or corresponding unit of the Army;

2.5.b.3. The commanding officer of a detached squadron or other detachment, or corresponding unit of the Air Force; or

2.5.b.4. The commanding officer or officer in charge of any other command when empowered by The Adjutant General.

2.5.c. When only one commissioned officer is present with a command or detachment that officer shall be the summary court- martial of that command or detachment and shall hear and determine all summary court-martial cases. Summary courts-martial may, however, be convened in any case by superior competent authority if considered desirable by such authority.

W. Va. Code R. § 141-49-3 Nonjudicial Punishment

3.1. Authority. -- Any commander having authority pursuant to Section 15, USCMJ, may, for minor offenses without the intervention of a court-martial, impose and execute disciplinary punishments as set forth in the WVMCM and Appendix I to this regulation.

3.2. Minor Offenses. -- Whether an offense is minor depends on several factors: the nature of the offense and the circumstances surrounding its commission; the offender’s age, rank, duty assignment, record and experience; and the maximum possible sentence imposed for the offense if tried by general court-martial. The decision whether an offense is “minor” is a matter of discretion for the commander imposing nonjudicial punishment. But, nonjudicial punishment for an offense believed to be minor by a commander is not a bar to a trial by court-martial for the same offense. However, the accused may show at trial that nonjudicial punishment was imposed, and if the accused does so, this fact must be considered in determining an appropriate sentence. Violations of or failures to lawfully obey orders may be minor offenses if the prohibited conduct itself is of a minor nature although prohibited by a general order or regulation.

3.3. Nonpunitive Measures. -- Section 15, USCMJ and the provisions set forth herein do not apply to, include, or limit the use of those administrative or nonpunitive measures that a commander is authorized and expected to use to further the efficiency of his command or unit, such as administrative admonitions, reprimands, exhortations, disapprovals, criticism, censures, reproofs and rebukes, written or oral, not intended or imposed as punishment for a military offense. Section 15, USCMJ does not deprive a commander of the authority to make use of admonition and reprimand, not as a penalty but as a purely corrective measure, more analogous to instruction than to punishment, in the strict line of his duty to create and maintain efficiency.

3.4. Punishments.

3.4.a. Double Punishment Prohibited. -- When nonjudicial punishment has been imposed for an offense, nonjudicial punishment may not again be imposed for the same offense. ‘Same offense’ means an offense that was part of a single incident or course of conduct. Administrative action can be taken for the same offense and will not be considered double punishment under this regulation.

3.4.b. Increased Punishment Prohibited. -- Once nonjudicial punishment has been imposed, it may not be increased, upon appeal or otherwise unless the punishment imposed was not provided for in the Code.

3.4.c. Multiple Punishments Prohibited. -- When a commander determines that nonjudicial punishment is appropriate for a particular service member, all known offenses determined to be appropriate for disposition by nonjudicial punishment and ready to be considered at that time, including all such offenses arising from a single incident or course of conduct, shall ordinarily be considered together, and not made the basis for multiple punishments.

3.4.d. Statute of Limitations. -- Nonjudicial punishment may not be imposed for offenses which were committed more than three (3) years before the date of imposition of punishment, unless such three-year limitation is waived by the accused in writing or unless the accused has filed an appeal under the WVMCM.

3.4.e. Imposition. -- Nonjudicial punishment imposed under Section 15, WVCMJ will be performed by members of the state military forces in and during their duty status, such as state active duty, inactive duty training, annual training, fulltime National Guard duty or other similar duty statuses, except as to fines and forfeitures, and reductions and reprimands, which may be imposed after conclusion of a duty status. Punishment which tends to demean the grade or position of the person should not be imposed. (See Appendix I).

3.5. Right to Demand Trial. -- An accused has the right to demand trial by court-martial only if the commander who initiated the nonjudicial punishment proceeding elects to retain the restraint of freedom punishments. Those restraints of freedom punishments are restriction and arrest in quarters. If prior to the offer of nonjudicial punishment, the commander elects not to use the restraint of freedom punishments, the accused has no right to turn down the nonjudicial punishment and demand a court-martial trial. If the commander does not include the right of the accused to turn down the nonjudicial punishment and demand a court-martial trial, on initiation, of the nonjudicial punishment action, the commander has waived the right to retain the restraint of freedom punishments.

W. Va. Code R. § 141-49-4 Pretrial Procedure

4.1. Preparation of Charge Sheet.

4.1.a. General. -- In preparing charges for trial by courts-martial, the unit commander will use the current DD Form 458, Charge Sheet. Detailed instructions for completing the Charge Sheet may be found at MCM, R.C.M. 307 and DD Form 458. An example of a completed Charge Sheet is located at MCM, appendix 4. Any person subject to the USCMJ may prefer charges, but trial counsel should always draft or review charges before they are preferred. While the unit commander is responsible for the preparation of the Charge Sheet, there is no legal requirement that he do it personally. He should, however, supervise its prompt and proper preparation and forwarding. Once the charge and specification has been prepared and signed under oath, it is a public record, and other than minor administrative changes, should not be altered, except upon the advice of a judge advocate. For minor administrative or typographical corrections, the officer making same should initial in the margin the correction.

4.1.b. Timeliness. -- When the Unit Commander has made the decision to prefer court-martial charges and to recommend trial by courts-martial, he should promptly dispose of the matter. It is longstanding military policy, both in the active forces and in the National Guard that military justice be given priority.

4.1.c. Personal Data. -- Section I of the Charge Sheet is personal data concerning the accused. This information is generally found in the accused's personnel file. The unit commander should have reviewed this personnel file before making his decision on disposition of the offense during his preliminary investigation. The accused's "grade or rank" (Block 3) is his military title (such as PFC) and his "pay grade" (Block 4) is his numerical designation (such as E-3). The initial date of the accused's current service is the date of his latest enlistment (Block 6). Paragraph 7 "Pay per Month" is the normal MUTA-4 pay which the accused would receive for one month to be inserted in the "basic" block. Members of the West Virginia National typically do not receive "sea or foreign duty pay". Block 8, entitled "nature of restraint of accused" should show all types of restraint imposed, and block 9 should show the corresponding duration (inclusive dates) of the restraint and any changes.

4.1.d. Charges and Specifications.

4.1.d.1. General. -- Section II of the Charge Sheet is the section for charges and specifications. This is the most important part of the Charge Sheet. The instructions for drafting charges and specifications in Appendix 6, MCM, should be followed when applicable. The "charge" indicates the section of the Uniform State Code of Military Justice violated. Since DD Form 458, Charge Sheet, is a federal form, the reference in Section II to a "violation of the UCMJ, Section __" should be changed to "violation of the Uniform State Code of Military Justice, Section __." The "specification," which is under the charge, must be written so that it clearly advises the accused of the date, time, place and circumstances of the alleged offense against him. The specification states the facts and circumstances which constitute a violation of the particular section of the USCMJ alleged to be violated. Neither the misdesignation of a section nor the failure to designate any section is ordinarily material so long as the specification alleges an offense over which courts-martial have jurisdiction.

4.1.d.2. Abbreviations. -- Dates and times should be written in Arabic numerals, and the designation of organization or command my include numerals. The armed force, namely “West Virginia Army National Guard” or “West Virginia Air National Guard” may be abbreviated “WVARNG” and “WVANG,” respectively. Otherwise, abbreviations should not be used in specifications.

4.1.d.3. Numbering of Charges and Specifications. -- If there is only one charge, it is not numbered. When there is more than one charge, each is numbered with a Roman numeral. [R.C.M. 307(c)(2).] When there is more than one specification under a charge, the specification under that charge should be numbered, using Arabic numerals, 1, 2, 3, etc.

4.1.d.4. Designation of Charges. -- Except for certain offenses, all charges should be laid under the applicable sections of the USCMJ. For example, in the case of absence without leave, the charge should be: Violation of the Uniform State Code of Military Justice, Section 86.

4.1.d.5. Name and Description of the Accused. -- The name of the accused as stated in the specification should include his rank and, if necessary, his pay grade. The name of the accused should be also accompanied by his organization and armed force. In the ordinary case of an enlisted person, for example, the specification would read, “In that Private John J. Smith, Company D 1092d Engr Bn, WVARNG, did…,” etc.

4.1.d.6. Time and Place of Offense. The time and place of the commission of the alleged offense should be stated in the specification with sufficient precision to identify the offense and enable the accused to understand what particular act or omission he is called upon to defend. It is proper pleading to allege that a particular offense occurred “on or about” a certain day, or if it is necessary, to be more explicit as to the time, “at or about” a certain hour. For example, in the case of absence without leave, it is proper to allege that accused failed to go to his place of duty “on or about 2 May 1987 at or about 0800 hours” and remained so absent until “on or about 2 May 1987 at or about 1200 hours.”

4.1.d.7. Alleging Separate Offenses. Each alleged offense should be set forth in a separate specification. Thus, in case of absence without leave, each unauthorized absence should be alleged in a separate specification under one charge.

4.1.e. Specimen Charges. The following specimen charge is set forth as an example which incorporates the foregoing principals of drafting charges and specifications:

“CHARGE: Violation of the Uniform State Code of Military Justice, Section 86. SPECIFICATION: In that Private First Class John J. Smith, WVARNG, 1092d Engr Bn. did, on or about 2 May 1987 at or about 0800 hours, without proper authority fail to go at the time prescribed to his place of duty at which he was required to be, to wit: at unit training assembly of HSC, 1092d EN BN at Parkersburg, West Virginia.”

4.1.f. Informing Accused of Charges. Prior to forwarding the charges, the immediate commander will inform the accused of the charges against him and complete and sign the certificate to that effect on the Charge sheet. When, because of the unavailability of the accused, it is impractical to comply with the requirement, a report of the circumstances will be included in the letter forwarded with the charges (MCM, R.C.M. 308)(See Attachment 3).

4.1.g. Signing and Swearing to Charges. The oath to the charges must be executed before a person authorized by section 136, USCMJ to administer oaths.

4.1.h. Action by Officer Exercising Summary Courts-Martial Jurisdiction:

4.1.h.1. Date of Receipt. Immediately upon receipt of sworn charges against a member of his command, the officer exercising summary courts-martial jurisdiction will cause the hour and date of receipt to be entered in the space provided on the Charge Sheet (MCM, R.C.M. 403).

4.1.h.2. Informing Accused of Charges. If, when charges are received by the officer exercising summary courts-martial jurisdiction it appears that the accused has not been advised of the charges against him, the action prescribed in paragraph 4.1.f. will be taken.

4.1.h.3. Investigation. If the charges are so serious that it may be appropriate to forward them with a recommendation for trial by general courts-martial, the officer exercising summary courts-martial jurisdiction will appoint an officer to investigate the charges in accordance with Section 32, USCMJ.

4.1.h.4. Disposition of Charges by Trial. Unless competent superior authority has directed otherwise, the officer exercising summary court-martial jurisdiction may, as a result of preliminary inquiry or formal investigation, dismiss all or part of any charges that have been preferred. If he determines that some punishment should be adjudged and that trial by summary court-martial is appropriate, he should complete the Charge Sheet in the prescribed manner and transmit the charges and all supporting documents to the summary court-martial. If he is so empowered and determines that trial by special court martial is appropriate, he should complete the endorsement in the prescribed manner and transmit the charges and allied papers to the trial counsel of the court.

4.1.h.5. Forwarding Charges. When trial by a special or general court-martial is deemed appropriate and he is not empowered to convene a court for a trial of the case, the officer who exercises summary court-martial jurisdiction will forward the charges and necessary supporting documents (ordinarily through the chain of command) to the officer exercising the appropriate kind of court-martial jurisdiction in accordance with MCM, R.C.M. 401.

4.1.h.6. Service of Charges on Accused. Prior to the trial, a copy of the charge or charges must be served on the accused in accordance with MCM, R.C.M. 308, 602. The person who served the charges and the written order shall complete and sign the return of service on the bottom of the Charge Sheet.

4.2. Service of Charges.

4.2.a. General. Service of charges referred to trial by a general or special court-martial will be made by the trial counsel in the manner set forth in Section 35, USCMJ. Service of charges referred to trial by a summary court will be made by the summary court officer by personally presenting a copy of the Charge Sheet to the accused. At the same time or at any subsequent time the trial counsel or summary court will notify the accused as to the time and place of trial and order him to be present.

4.2.b. Convening Orders. Courts-martial are created by a convening order issued by the convening authority. The convening order shall designate the kind of court, the place and time it is to meet, members of the court, and, when appropriate, the military judge and members of the prosecution and defense. The provisions of MCM, R.C.M. 504 should be followed as much as practicable. (See Attachment 4).

4.2.c. Reference for Trial. Charges shall be referred for trial by courts-martial in accordance with the provisions of MCM, R.C.M. 601 as much as practicable.

4.3. Apprehension and Restraint.

4.3.a. Sections 8-11, USCMJ, Chapter 2, WVMCM and Chapter V, MCM will be followed as far as they are applicable.

4.3.b. Pretrial confinement in a place other than a military installation.

4.3.b.1. Pretrial confinement is never required by law. It may be imposed only when it is necessary to ensure the presence of the accused at trial or to prevent foreseeable serious misconduct, including any efforts at obstructing justice, and when lesser forms of restraint are inadequate. Pretrial confinement is not authorized without the prior approval of The Adjutant General. Facts concerning the proposed arrest of an individual will be forwarded in letter form and will include the information required in paragraph 25.

4.3.b.2. A military judge of a general or a special court-martial or the president of a special court-martial without a military judge; or the summary court officer may issue a warrant (See Attachment 2), directed to the sheriff of any county or to any law enforcement officer to apprehend the accused and bring him before the court-martial for trial.

4.3.b.3. The military judge of a general or a special court-martial, or the president of a special court-martial without a military judge; or the summary court officer will set the amount of bail, not to exceed four times the maximum fine which may be imposed by the particular court-martial. Bail must be furnished in the form of:

4.3.b.3.A. A deposit by the member or by some other person for him of cash with the bonding officer who will be responsible for its safe keeping.

4.3.b.3.B. A written undertaking by one or more persons to forfeit a sum of money equal to the amount of the bail if the defendant is in default for appearance.

4.3.b.3.C. Such other form as may be determined, to include personal recognizance.

W. Va. Code R. § 141-49-5 Trial Procedure

5.1. Counsel.

5.1.a. Trial Counsel. In general and special courts-martial, trial counsel shall prosecute in the name of the State of West Virginia. He will discharge the duties imposed upon him by USCMJ, WVMCM and MCM, as applicable.

5.1.b. Defense Counsel. In general and special courts-martial, defense counsel will diligently represent the accused and fully advise him of all rights, following the requirements of the USCMJ, WVMCM and MCM, as applicable.

5.2. General Trial Procedure.

The procedure, including forms, methods of proof and rules of evidence, in cases before military courts, courts of inquiry and other military tribunals shall be governed by the provisions of the USCMJ, WVMCM, MCM, M.R.E, R.C.M., and other applicable state regulations as amended and supplemented from time to time, and regulations of the United States governing the administration of military justice in the armed forces of the United States, unless the same shall be incompatible with state law or regulation.

5.3. Summary Court-Martial Procedure for Summary Court Officers.

5.3.a. A Summary Court Officer in the trial of cases referred to him for trial is encouraged to refer to this regulation, USCMJ, MCM, and particularly to DA PAM 27-7, using it as a guide where applicable.

5.3.b. Pretrial Duties of Summary Court Officers.

5.3.b.1. Examine the Charge Sheet for any errors in preparation and determine whether the charges are sworn and whether the endorsement is correct.

5.3.b.2. Determine whether the Summary Court Officer is free of any conflict in interest which would impair a fair and impartial trial. If there is such a conflict he should notify the convening authority.

5.3.b.3. If the charges have not been served, the Summary Court Officer will serve a copy of the Charge Sheet on the accused, together with a written order of the convening authority to appear before the court. He should also inform the accused as to the date, time and place of trial, at which time the accused is to be present with any witnesses he may have and retain legal counsel at his own expense, if he so desires.

5.3.b.4. Familiarize yourself with the applicable law and plan an orderly proceeding.

5.3.b.5. Notify all known witnesses of the date, time and place of trial and arrange for subpoena of witnesses where necessary. A review by the Staff Judge Advocate is required prior to issuing a subpoena to civilian personnel.

5.3.c. Trial Procedure.

5.3.c.1. Conduct the trial with proper military customs and decorum.

5.3.c.2. The accused is presumed innocent until the Summary Court Officer is convinced of his guilt beyond a reasonable doubt by legal and competent evidence received by the Summary Court Officer at the trial in the accused’s presence.

5.3.c.3. The procedures described in DA PAM 27-7 are recommended.

5.3.c.4. The accused has the right to object to trial by summary court-martial. If the accused objects, the charges will be returned to the convening authority with the appropriate endorsement.

5.3.c.5. The accused has the right to examine all government witnesses and to present evidence on his own behalf through witnesses or documents. He has the right to remain silent or to testify in his own behalf.

5.3.d. Findings. After all of the evidence has been presented, the Summary Court Officer will make separate findings of guilty or not guilty to each charge and to each specification or guilty to a lesser included offense.

5.3.e. Sentence.

5.3.e.1. If a finding of guilty has been made, the Summary Court Officer will:

5.3.e.1.A. Furnish the accused with a copy of the Charge Sheet and ask him if the personal data appearing on page 1 of the Charge sheet, including data as to restraint, are correct. If the accused alleges that any of the data is incorrect, the Summary Court Officer must determine the issue after obtaining any official verification available.

5.3.e.1.B. Receive and consider any evidence of previous convictions, and determine from the accused and any official source if the data as to previous convictions is correct.

5.3.e.1.C. Ask the accused whether he wishes to call any witnesses in mitigation or extenuation.

5.3.e.1.D. Receive any documents which the accused wishes to offer in mitigation or extenuation (See R.C.M. 1001).

5.3.e.1.E. Advise the accused again as to his right to testify or remain silent or to make an unsworn statement.

5.3.e.1.F. If the accused elects to testify under oath, the Summary Court Officer should swear the accused or remind him that he is still under oath, if previously sworn. The summary Court Officer may cross-examine the accused after making a sworn statement. If the accused elects to make an unsworn statement, the Summary Court Officer should receive the statement.

5.3.e.1.G. If necessary and appropriate, call rebuttal witnesses to matters in mitigation and extenuation.

5.3.e.1.H. After receiving all of the evidence, announce an appropriate sentence within the limitations of Section 20, USCMJ.

5.3.e.1.I. Enter the sentence in the record of trial.

5.3.f. Post-Trial Duties.

5.3.f.1. Complete the record of trial. Prepare an original and at least two copies of the record of trial. Authenticate the record by signing each copy in the space provided. As soon as the record is authenticated, a copy of the record of trial is to be served on the accused and attach the accused’s receipt for the copy to the record. If the accused was represented by counsel, the copy of the record may be served on counsel. The original and one copy of the record must be forwarded to the convening authority.

5.3.f.2. Report the results of the trial to the convening authority, the immediate commander of the accused, the officer in command of the facility where accused was in pretrial confinement, if appropriate, and any persons required by the convening authority.

5.3.f.3. Return the file to the convening authority with any recommendation in writing for clemency, if appropriate.

5.3.f.4. Avoid unnecessary delay.

W. Va. Code R. § 141-49-6 Post-Trial Procedure

6.1. Sentences.

6.1.a. The punishment which a court-martial may direct may not exceed the limits described in this paragraph.

6.1.b. At any time, including periods of fulltime National Guard duty, annual training and state active duty, a sentence to confinement may be carried into execution in any correctional center, regional jail, or penitentiary under the control of the West Virginia Division of Corrections.

6.1.c. To execute a sentence of confinement, the convening authority shall, after the sentence is approved by The Adjutant General, issue a warrant or order of commitment (See Attachment 5) of the person so sentenced to the commissioner, administrator or warden of the appropriate facility, who shall forthwith execute said warrant and make a proper return to the convening authority.

6.1.d. Forfeitures and fines are based on the comparable active duty pay of the accused at the grade held at the time of the offense, except when the offense was committed while the accused was on state active duty, in which case, the forfeiture or fine is based on the amount of pay the accused was entitled to for a comparable period on state active duty.

6.2. Sentences of Confinement and forfeiture to be approved by The Adjutant General.

6.2.a. No pretrial confinement, sentence to confinement, or forfeiture of pay and allowances shall be executed until it is approved by The Adjutant General. If a sentence as approved includes imprisonment, the convening authority will forward a brief synopsis of the case together with a copy of the record of trial to The Adjutant General and include the following information concerning the sentenced individual:

6.2.a.1. Martial status.

6.2.a.2. Dependency status.

6.2.a.3. Effect of imprisonment on employment.

6.2.a.4. Comments of convening authority.

6.2.b. No sentence of confinement shall be ordered in any case where the accused was not represented by legal counsel at the trial.

6.2.c. If pretrial confinement or sentence to confinement, as applicable, is approved, the convening authority will be directed to order the sentence executed or issue an Order of Commitment.

6.3. Sentences of Dismissal, Dishonorable Discharge or Bad Conduct Discharge to be Approved by the Governor or The Adjutant General. No sentence of dismissal, dishonorable discharge or bad conduct discharge shall be executed until it is approved by the Governor or The Adjutant General.

6.4. Complete Record of Proceedings and Testimony if Bad Conduct Discharge Adjudged. A bad conduct discharge may not be adjudged by any special court-martial unless a complete written record of the proceedings and testimony before the court has been made.

6.5. Disposition of Fines, Penalties and Proceedings of Courts-martial.

6.5.a. Proceedings. Upon approval of the proceedings of a court-martial by the convening authority, the original copy will be returned to the unit concerned for entry of necessary information to the Service Record. When the information has been transcribed to the Service Record and the Sentence has been executed, the original copy of the complete record of the proceedings including all exhibits and testimony will be forwarded through channels to The Adjutant General by letter of transmittal, including any fines or a notation that the sentence has been executed.

6.5.b. Remittance of Fines and Penalties. Checks, drafts, money orders and other payments of fines and penalties will be drawn to the order of the State of West Virginia and will be forwarded to The Adjutant General for deposit in the Military Justice Fund. Payment plans and payment by debit or credit card will be permitted upon approval of The Adjutant General.

6.6. Review of Courts-martial. Review of Courts-Martial shall be as prescribed in Sections 59-76, USCMJ.

BY ORDER OF THE GOVERNOR:

ALLEN E. TACKETT

Major General, WVARNG The Adjutant General

APPENDIX I

NONJUDICIAL PUNISHMENT

Section I, General 1. Purpose and Scope.

This appendix implements Chapter 15, article 1E, Section 15 of the Code of West Virginia, 1931, as amended (hereafter referred to as the Uniform State Code of Military Justice, or the “USCMJ”). It includes the regulations promulgated pursuant to Chapter 15, Article 1E, Section 15, USCMJ and prescribes certain requirements, policies, limitations and procedures certain requirements, policies, limitations and procedures for persons having the authority to impose nonjudicial punishment; for persons who may take some action with respect to the proceedings. Accordingly, no action should be taken under the authority of Chapter 15, Article 1E, Section 15 of the USCMJ without reference to and compliance with this Appendix and the West Virginia Manual for Courts-Martial. Chapter 15, Article 1E, Section 15 of the USCMJ shall be here referred to as “Section 15”.

Section II. Authority 2. Who may impose Nonjudicial Punishment.

a. Commanders shall have authority to impose nonjudicial punishment upon military personnel of their commands. “Commander” means a commissioned or warrant officer of the state military force who by virtue of rank and assignment exercises primary command authority over a military organization or prescribed territorial area, which under pertinent official directives is recognized as a “command.” The authority of a commander to impose nonjudicial punishment as to certain types of offenses, certain categories of persons, or in specific cases, to impose certain types of punishment may be limited or withheld by a superior commander.

b. Delegation of Authority. Only the Governor and general officers in command may delegate their authority under Section 15 to a principal assistant (ordinarily a Vice, Assistant, or Deputy Commander, Chief of Staff, or Executive Officer). However, a principal assistant cannot be a civilian, retired member or be appointed. This position is limited to commissioned officers. Additionally, this limitation on delegation of authority itself does not take away authority of other commanding officers authorized to impose nonjudicial punishment under the Code and Manual; but those other commanding officers may not delegate that authority. However, a commander superior to the commander with nonjudicial punishment authority may withhold that authority.

c. Only the Governor, the Adjutant General, an officer exercising general court-martial convening authority, or an officer of a general or flag rank in command may impose nonjudicial punishment upon an officer’s of his command.

3. Persons upon whom nonjudicial punishment may be imposed.

a. Military personnel of his command.

(1) For the purpose of Section 15, military personnel are considered to be “of the command” of a commander if they are:

(A) Assigned to an organization commanded by that commander.

(B) Affiliated with the command (by attachment, detail, or otherwise) under conditions, either expressed or implied, that indicate that the commander of the unit to which affiliated and the commander of the unit to which they are assigned are to exercise administrative or disciplinary authority over them.

(2) Under similar circumstances, a commander may be assigned territorial command responsibility so that all or certain military personnel in the area will be considered to be of the command for the purpose of Section 15. To determine if an individual is of the command of a particular commanding officer, refer first to those written or oral orders or directives that affect the status of the individual. If orders or directives do not expressly confer authority to administer nonjudicial punishment to the commander of the unit with which the member is affiliated or present (as when, for example, they contain no provision attaching the member “for disciplinary purposes”), consider all attendant circumstances, such as:

(A) The phraseology used in the orders.

(B) Where the member slept, ate, was paid, performed duty, the duration of the status, and other similar factors.

(3) If orders or directives include such terms as “attached for administration of military justice,” or simply “attached for administration,” the individual so attached will be considered to be of the command, of the commander, of the unit of attachment for the purpose of Section 15.

b. Termination of status. Nonjudicial punishment may not be imposed upon an individual by a person authorized to impose nonjudicial punishment, after the individual ceases to be of his command by reason of transfer or otherwise. This is so even if Section 15 nonjudicial punishment proceedings have been instituted, so long as the proceedings have not resulted in the imposition of punishment prior to the time of the change in status. The person authorized to impose nonjudicial punishment who has instituted the proceedings may, in the case of such a change in status, forward the Record of Nonjudicial Punishment Proceedings to the gaining commander for appropriate disposition.

c. Personnel of Army National Guard and Air National Guard. A commander is not prohibited from imposing nonjudicial punishment on a military member of his or her command solely because the member is a member of another component of the West Virginia National Guard. Other provisions of this regulation notwithstanding, a commander may impose punishment upon a member of another Service only under the circumstances, and according to the procedures, prescribed by the member’s parent Service.

d. Minor Offenses. Nonjudicial punishment may be imposed for acts or omissions that are minor offenses. Whether an offense is minor depends on several factors: the nature of the offense and the circumstances surrounding its commission; the offender’s age, rank, duty assignment, record and experience; and the maximum possible sentence imposed for the offense if tried by general court-martial. The decision whether an offense is “minor” is a matter of discretion for the commander imposing nonjudicial punishment. But, nonjudicial punishment for an offense believed to be minor by a commander is not a bar to a trial by court-martial for the same offense. However, the accused may show at trial that nonjudicial punishment was imposed, and if the accused does so, this fact must be considered in determining an appropriate sentence. Violations of or failures to lawfully obey orders may be minor offenses if the prohibited conduct itself is of a minor nature although prohibited by a general order or regulation.

e. Double punishment prohibited. Several minor offenses arising out of substantially the same transaction or conduct will not be made the basis of separate actions under Section 15, USCMJ.

Section III. Policies Applicable.

4. Purposes of nonjudicial punishment; personal exercise in discretion in imposing nonjudicial punishment.

a. Purposes. A commander authorized by this appendix to impose nonjudicial punishment should use other nonpunitive measures to the maximum extent possible in furthering the efficiency of his command without resorting to the imposition of nonjudicial punishment. Use of Section 15, USCMJ is proper in all cases of minor offences in which administrative measure are considered inadequate or inappropriate. Nonjudicial punishment may be imposed in appropriate case to— (1) Correct, educate, and reform offenders who have shown that they cannot benefit by less stringent measures;

(2) Preserve, in appropriate cases, an offender’s record of service from unnecessary stigmatization by record of court-martial conviction; and (3) Further military efficiency by disposing of minor offenses in a manner requiring less time and personnel than trial by court-martial.

b. Personal exercise of discretion. An officer authorized by regulation to impose Section 15, USCMJ who is considering a case for possible disposition by him will exercise his own discretion in evaluating the case, both as to whether punishment should be imposed under Section 15 at all and, subject to the limitations contained in paragraph 7 of this appendix, shall determine the nature and amount of the punishment, if any, to be imposed.

5. Relationship of nonjudicial punishment to nonpunitive measures.

a. Reduction in grade. Certain command officers in the WV Army and Air National Guard may impose reductions administratively upon enlisted personnel of their commands for inefficiency and other reasons. This authority, where it currently exists, exists apart from any authority they may have to impose a punitive reduction for misconduct under Section 15, USCMJ. These two separate and distinct kinds of authority must not be confused. Administrative reduction authority shall not be utilized for punitive purposes. (See NGR 600-200).

b. Reprimands and admonitions. An “admonition” is a warning or reminder given to an offender to deter repetition of a type of misconduct and to advise the offender of the consequences that may flow from a recurrence of that misconduct. A “reprimand” is an act of formal censure which reproves or rebukes the offender for his misconduct. An admonition may be included in a reprimand. Commanding officers have authority to give admonitions or reprimands as an administrative nonpunitive measure. Persons authorized by regulation to impose Section 15 nonjudicial punishment have the authority to impose admonitions or reprimands as nonjudicial punishment. If an admonition or reprimand is imposed as a punitive measure under Section 15 nonjudicial punishment, then the requirement set forth in this appendix must be followed.

(1) A written administrative admonition or reprimand should contain a statement indicating that it has been given merely as an administrative measure and not as Section 15 nonjudicial punishment.

(2) Admonitions and reprimands imposed as punishment orally or in writing should be clearly stated to have been imposed as punishment under Section 15 nonjudicial punishment.

6. Reference to superior.

Nonjudicial punishment should be administered at the lowest level of command permitted by this appendix and commensurate with the needs of discipline. However, after thoroughly considering the nature and circumstances of the offense and the age, previous record, maturity and experience of the offender, if the commander, authorized to impose Section 15,USCMJ by this appendix, determines that his authority under Section 15 nonjudicial punishment and this appendix is insufficient to impose an appropriate punishment, he may refer the case to an appropriate superior with a recommendation that the superior exercise his authority under Section 15, USCMJ and this appendix. Also, if the authority of a commanding officer to exercise Section 15 nonjudicial punishment has been limited by this appendix thus precluding him from imposing any punishment or an appropriate punishment, the case may be referred to an appropriate superior. In transmitting a case for action by a superior, no recommendation as to the nature or extent of the punishment to be imposed will be made. Transmittal will be accomplished by written correspondence on a DA Form 5109 or other appropriate service form.

Section IV. Punishments.

7. Limitations on Authorized Punishments.

a. General limitations. The Adjutant General may limit the power granted by Section 15 with respect to the kind and amount of the punishment authorized. Subject to those limitations, a commander authorized by this regulation to impose nonjudicial punishment upon military personnel of his command may do so pursuant to this regulation and the West Virginia Manual for Courts-Martial.

b. Restriction. Restriction is the least severe form of deprivation of liberty. Restriction involves moral rather than physical restraint. The severity of this type of restraint depends on its duration and the geographic limits specified when the punishment is imposed. A person undergoing restriction may be required to report to a designated place at specified times if reasonably necessary to ensure that the punishment is being properly executed. Unless otherwise specified by the nonjudicial punishment authority, a person in restriction may be required to perform any military duty.

c. Arrest in Quarters. As in the case of restriction, the restraint involved in arrest in quarters is enforced by a moral obligation rather than by physical means. This punishment may be imposed only on officers. An officer undergoing this punishment may be required to perform those duties prescribed by The Adjutant General. However, an officer so punished is required to remain within that officer’s quarters during the period of punishment unless the limits of arrest are otherwise extended by appropriate authority. The quarters of an officer may consist of a military residence, whether a tent, stateroom, or other quarters assigned, or a private residence when government quarters have not been provided.

d. Reduction in Grade. Reduction in grade is one of the most severe forms of nonjudicial punishment and it should be used with discretion.

8. Rules relating to authorized punishments.

a. Restriction. The commanding officer who imposed the punishment, his successor in command, and superior authority may change the specified limits of restriction after imposition and before the term of restriction is completed, provided that the limits of restriction, as changed, are generally no more restrictive of movement than the limits imposed.

b. Extra duties. Extra duties shall be required to be performed during duty status, such as state active duty, inactive duty training, annual training, fulltime National Guard duty or other similar duty statuses and, within the duration of the punishment, for not more than two hours per day, holidays included. Extra duties may include the performance of fatigue duty or of any other military duty, such as practice march with full field equipment, but no duty may be imposed as extra duty which— (1) Would constitute cruel or unusual punishment or a punishment not sanctioned by the customs of the service;

(2) Is a duty normally intended as an honor, such as assignment to a guard of honor;

(3) Is required to be performed in a ridiculous or unnecessarily degrading manner; for example, an order to clean a barracks floor with a toothbrush; or (4) Is a punishment involving the use of the offender as a personal servant.

c. An enlisted person serving in the Army National Guard in the grade of E4 (SP4, CPL) or above; or an enlisted person serving in the Air National Guard in the grade of Sergeant (SGT), Senior Airman or above, may not be assigned extra duties as punishment under Section 15, USCMJ, which would demean his position as a noncommissioned officer or specialist. The performance of extra duties involving labor or duties not customarily performed by personnel in these grades is an example of extra duties of a demeaning nature. The supervision of details being accomplished after normal duty hours is an example of an extra duty which would not be demeaning.

d. Withholding of Privileges. Commanders may withhold some privileges; for example, pass privileges, as punishment. However, the privileges revoked should relate directly to the act of misconduct. For example, revoking driving privileges would not be appropriate for an assault offense, but removal of post exchange (PX) privileges might be appropriate for a soldier guilty of disorderly conduct in the PX.

e. Forfeitures and fines are based on the comparable active duty pay of the accused at the grade held at the time of the offense, except when the offense was committed while the accused was on state active duty, in which case, the forfeiture or fine is based on the amount of pay the accused was entitled to for a comparable period on state active duty.

9. Reserved.

10. Effective date and execution of punishments.

a. The date of imposition of nonjudicial punishment is the date the appropriate Record of Nonjudicial Punishment Proceedings is signed by the imposing commander.

b. The punishments of reduction in grade, if unsuspended, take effect upon the issuance of the appropriate order by The Adjutant General. A commander imposing Section 15 punishment of a reduction in grade shall, if unsuspended, promptly send to The Adjutant General the completed copy of the Record of Nonjudicial Punishment Proceedings with a Request for Reduction Order, AGO Form 600-200-2. This form must be completed by the commander imposing the punishment of reduction in grade, stating the reason for the reduction is: Section 15, Nonjudicial Punishment. If the reduction in grade is pending appeal, it should be noted on AGO Form 600-200-2. A reduction under Section 15, if suspended with the suspension later vacated, becomes executed and takes affect upon the issuance of the order by the State Adjutant General.

c. If, upon imposition of a unsuspended fine and a person has reused or failed to pay their fine, the commander imposing the fine shall promptly send to The Adjutant General a completed copy of the Record of Nonjudicial Punishment Proceedings and a written notification of failure to pay fine.

d. Other punishments, if unsuspended and if no appeal is filed, will take effect and be carried into execution on the date they are imposed unless otherwise prescribed by the officer imposing the punishment or by superior authority. If, at the time punishment is imposed, the recipient appeals by marking the appropriate box on the Record of Nonjudicial Punishment Proceedings, the execution of any punishment will be stayed pending completion of such appeal, unless the recipient requests otherwise. If the recipient refuses to indicate his desires as to appeal at the time punishment is imposed, either verbally or on the Record of Nonjudicial Punishment Proceedings, punishment will not be stayed.

e. If the member to be punished is already undergoing any of the punishments involving extra duties and the commanding officer wishes to impose an additional punishment of that kind, he may prescribe that the additional punishment will begin to run on a date on or after the termination of the first punishment.

f. When an unsuspended punishment of extra duties or restriction has been imposed under Section 15 by appropriate authority, any commanding officer of the person to be punished may order the punishment to be executed in such a manner and under such supervision as he may direct. The particular extra duties to be performed may be varied from time to time within the duration of the punishment duration of the punishment, not to exceed more than two hours per day, holidays included.

Section V. Right to Demand Trial.

11. When Section 15 proceedings instituted.

Section 15 proceedings may be instituted when a commander, having the authority to impose Section 15 nonjudicial punishment, receives a report or learns of a violation of the USCMJ by enlisted personnel of his command. The facts consisting of the violation are to be set forth in the appropriate Record of Nonjudicial Punishment Proceedings.

12. Procedures.

a. The commander who intends to impose the punishment will notify the member concerned of that intent in writing on the Record of Nonjudicial Punishment Proceedings and will inform the member of his rights. If the punishment options will include restraints on freedom, the commander will also inform the member of his right to demand a trial by courts-martial.

b. The officer who intends to impose the punishment will afford the member a reasonable period of time in which to consult with a person to speak in his behalf and to decide whether or not he will demand trail, if applicable. When appropriate, the commander will direct the member to state either that he does, or does not, demand trial within that period.

(1) This period should be established after due consideration of such factors as the gravity of the offense and the time involved in physically transmitting the communication.

(2) Under ordinary circumstances, 48 hours may be considered to be a reasonable time.

c. If a new imposing commander takes command after a member has been notified of the original imposing commander’s intent to impose punishment, the member will be notified of the change. The member will again be given a reasonable decision period in which to consult with counsel.

d. If the member demands trial by court-martial on any offense, no further action will be taken to impose nonjudicial punishment for that offense unless the member’s demand is voluntarily withdrawn. Whether court-martial charges will be preferred against the member for the remaining offense(s) and the level of court-martial selected will be resolved by the appropriate commander. A member’s demand for trial by court-martial will not bar disposition of minor offenses by nonpunitive measures by the appropriate commander.

e. If a demand for trial is not made prior to expiration of the specified interval, including any extension of time that may have been granted, or the member refuses to elect a choice, the commander may continue with Section 15 proceedings. Punishment may also be imposed where the member refuses to complete and/or sign the Record of Nonjudicial Punishment Proceedings, after having been afforded a reasonable time in which to make a decision. The member will be informed that failure to complete and sign the appropriate item may be treated as a voluntary withdrawal of any oral demand for trial. The member will also be informed that punishment can be imposed where he fails to make a timely demand for trial or refuses to complete and/or sign the Record of Nonjudicial Punishment Proceedings. If the member persists in the refusal, and punishment is imposed, in addition to recording the punishment, the following entry will be made on the form “After having been fully advised of (his) (her) rights, member (did not demand trial prior to expiration of the time specified for a decision) (refused to (complete) (sign) (complete and sign) this form.”

Section VI. Procedure: Records of Punishment 13. General.

a. The power to impose nonjudicial punishment charges a commanding officer, or an officer to whom that power has been delegated, with the grave responsibility of exercising his authority in a completely judicious manner. Authority under Section 15 must be administered with fairness in a formal and dignified manner at every stage of the proceedings. The right and opportunity to present matters in defense, extenuation, or mitigation, and the right fully to present his case in the presence of the officer who intends to impose punishment, will be afforded the member. The member will be afforded the right to be accompanied by a person to speak on his behalf and to call witnesses in defense, extenuation or mitigation. If the member so requests, the proceeding will be opened to the public, except where military exigencies or security interests preclude public disclosure. If the commanding officer decides to impose punishment, he will announce the punishment in the presence of the member except under rare circumstances when this is not feasible. The commander may then explain to the member such matters as what he considered in determining the punishment, and the appellate rights and procedures which are available to the member.

b. Announcement of Punishment. The punishment may be announced at the next unit formation after punishment is imposed or, if appealed, after the decision on the appeal. It also may be posted on the unit bulletin board. The purpose of announcing the results of punishments is to preclude perceptions of unfairness of punishment and to deter similar misconduct by other service members. An inconsistent or arbitrary policy regarding announcement of punishments should be avoided because it could result in the appearance of vindictiveness or favoritism. In deciding whether to announce punishment of service members in the grade of E-5 or above, the imposing commander should consider the nature of the offense, the service member’s military record and duty position, the deterrent effect, the impact on unit morale or mission, the impact on the victim and the impact of the leadership effectiveness of the service member.

c. Commander’s guide for notification and imposition of nonjudicial punishment. The federal nonjudicial process is discussed in detail in Part V of the MCM. For service branch specific information, Army commanders should review Chapter 3 of AR 27-10 and Air commanders should review AFI51-202. Additionally, a suggested format for conducting the proceeding is located in Attachment 1 of this regulation. While these materials provide guidance on conducting the proceedings, strict adherence to the letter of the suggested guides is not a procedural requirement for an imposition of nonjudicial punishment. Prior to any Section 15 proceedings, the commander should have completed a preliminary inquiry and have concluded that nonjudicial punishment is appropriate for the offense and the offender.

d. Preliminary inquiry.

(1) The commander of an alleged offender must ensure that the matter is investigated promptly and adequately. The investigation should provide the commander with sufficient information to make an appropriate disposition of the incident. The investigation should cover:

(A) Whether an offense was committed.

(B) Whether the member was involved.

(C) The character and military record of the member.

(2) Usually the preliminary investigation is informal and consists of interviews with witnesses and/or review of police or any other informative reports. If, after the preliminary inquiry, the commander determines, based on the evidence currently available, that the member probably has committed an offense and that a nonjudicial punishment procedure is appropriate, the commander should, unless the case is to be referred to a superior commander, take action as set forth in this appendix.

14. Procedural rules.

a. Notification – Summarized Proceedings.

(1) General. A commander, after a preliminary inquiry into an alleged offense by an enlisted member, may use summarized proceedings if it is determined that should punishment be found to be appropriate, it should not exceed:

(A) extra duties for 14 days;

(B) oral reprimand or admonition;

(C) any combination of the above.

(2) Notification and Explanation of Rights. If an imposing commander determines that summarized proceedings are appropriate, the service member will be notified of:

(A) the commander’s intent to initiate nonjudicial punishment;

(B) the commander’s intention to use summarized proceedings;

(C) the service member’s lack of a right to demand trial by court-martial;

(D) the maximum punishments allowable thereunder;

(E) the service member’s right to remain silent;

(F) the offenses that the service member has allegedly committed with reference to the sections of the law that are alleged to have been violated;

(G) the service member’s right to confront witnesses, examine the evidence and submit matters in defense, extenuation and/or mitigation; and (H) the service member’s right to appeal.

(3) No Right to Counsel in Summarized Proceedings. The service member does not have the right to consult with counsel prior to the hearing nor does the service member have the right to counsel or a spokesperson during the hearing.

(4) Hearing. Consistent with the applicable service branch regulations of the service member, if a hearing is scheduled, notification of the date and time of the hearing will be made orally or in writing. The hearing should be scheduled no sooner than twenty-four (24) hours and no later than sixty (60) days after the service member receives notification of the commander’s intent to impose nonjudicial punishment.

b. Notification – Formal Proceedings.

(1) Commander’s Determination. A commander, who after preliminary inquiry determines that the punishment options will include restraint of freedoms, must notify the service member of the right to demand trial by court-martial and turn down nonjudicial punishment.

(2) Notice and Rights. If an imposing commander determines that formal proceedings are appropriate, the service member will be notified of:

(A) the commander’s intent to initiate nonjudicial punishment;

(B) the commander’s intention to use formal proceedings;

(C) the maximum punishments allowable thereunder;

(D) the service member’s right to remain silent;

(E) the offenses that the service member has allegedly committed with reference to the sections of the law that are alleged to have been violated;

(F) the service member’s right to confront witnesses, examine the evidence and submit matters in defense, extenuation and/or mitigation;

(G) the service member’s right to consult with a judge advocate, and the location of such counsel;

(H) the service member’s right to demand trial by court-martial at any time prior to imposition of nonjudicial punishment;

(I) the service member’s right to appeal.

(3) Decision Period. The service member will be given a reasonable time to consult with counsel, to gather matters in defense, extenuation, and/or mitigation and to decide whether to accept the nonjudicial punishment or demand a trial by court-martial.

(4) The decision period will normally be forty-eight (48) hours depending on the availability of counsel but such period may be extended at the request of the accused service member.

(5) Rules of Evidence. The imposing commander is not bound by the formal rules of evidence before courts-martial and may consider any matter, including unsworn statements, the commander reasonably believes to be relevant to the offense.

(6) Upon imposition of nonjudicial punishment the right to demand trial by court-martial is extinguished even if after appeal, the nonjudicial punishment is invalidated.

c. Action upon receipt of notification.

(1) Spokesperson. If the member is entitled to a spokesperson, the person who may accompany the member to the Section 15 proceeding and who speaks on the member’s behalf need not be a lawyer. An offender has no right to legal counsel at the nonjudicial proceedings. The member may retain civilian counsel to act as the member’s spokesperson at no cost to the Government. However, the commander need not grant a delay for the appearance of any spokesperson, to include civilian counsel so retained. No travel fees nor any other costs may be incurred at Government expense for the presence of the spokesperson. The spokesperson’s presence is voluntary. Because the proceedings are not adversary in nature, neither the member nor spokesperson (including any attorney present on behalf of the member) may examine or cross-examine witnesses, unless permitted by the imposing commander. The member or spokesperson may, however, indicate to the imposing commander relevant issues or questions they wish to explore or ask.

(2) Open or Closed Proceedings. A Section 15 proceedings before the commander is not an adversary proceeding. The member’s request that the proceedings be open to the public shall ordinarily be granted except where military exigencies or security interests preclude this procedure. It shall be within the discretion of the commander administering Section 15 proceedings to determine when such exigencies or security interests predominate over the member’s request that the proceedings be open to the public.

(3) Witnesses. The member’s request for witnesses in defense, extenuation, or mitigation shall be restricted to those witnesses who are reasonably available as determined within the discretion of the commander imposing Section 15 punishment. In determining whether a witness is reasonably available, the commander imposing Section 15 punishment shall take into consideration that no witness fees or transportation fees will be paid. Reasonably available witnesses will ordinarily include those military personnel present for duty at the installation concerned, or those available without the expenditure of travel funds to obtain their presence, and whose attendance will not materially delay the disposition of the proceedings.

(4) Action termination proceedings. If, after evaluation of all pertinent matters, the officer conducting the proceedings determines that nonjudicial punishment is not warranted, he should notify the member that he has terminated the proceedings.

15. Records of punishment.

a. Forms.

(1) Air Force. The appropriate AF Form 3070 as it may be amended or replaced from time to time will be used to record the nonjudicial punishment proceedings.

(2) Army.

(A) Summarized Proceedings. A DA Form 2627-1 (Summarized Record of Proceedings) as it may be amended or replaced from time to time will be used to record the summarized nonjudicial punishment proceedings. However, the notification of right to demand court-martial will be stricken from the form. An illustrated example of DA Form 2627-1 is contained in AR 27-10.

(B) Formal Proceedings. A DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) will be used to record formal nonjudicial punishment proceedings.

b. Filing and Removal.

(1) In all Section 15 proceedings in which the punishment imposed is reduction in grade, unsuspended and not appealed, the commander imposing the punishment shall forward a copy of the record of punishment and attachments (if any), along with a Request for Reduction Orders to the Military Personnel Office for processing and filing.

(2) Section 15 proceedings and records shall be filed and removed pursuant to applicable service regulations and directives.

(3) Exceptions. In all cases where a fine has been imposed upon a member, the record of punishment filed in the member’s military personnel file shall not be removed from the file after one year, unless the fine has been paid by the member or set aside by a superior on appeal or otherwise.

c. Appeals: Records of punishment.

(1) Appeals of nonjudicial punishment. If the member appeals the nonjudicial punishment, the original records of punishment and all attachments (if any) shall be forwarded to the appropriate superior. After acting on the appeal, the superior authority shall forthwith return the record of punishment an all attachments (if any) to the commander who imposed the punishment for filing in the member’s military personnel file.

(2) In all cases where a reduction in grade is appealed and the superior authority approves the reduction in grade, the commander who imposed the punishment shall forward the record of punishment to The Adjutant General as set forth in paragraph 15(b).

(3) Reduction in grade; appeal. Whenever a reduction in grade is set aside by a superior on appeal or otherwise and a lesser punishment is imposed on the member, the record of punishment shall be filed in the member’s military personnel file for a period of one year and upon the expiration thereof it shall be removed.

(4) Setting aside of punishment. In any case where the punishment imposed upon a member in a Section 15 proceeding is wholly set aside by a superior on appeal or otherwise and no punishment is imposed the record of punishment shall be removed.

Section VII. Suspension, Mitigation, Remission and Setting Aside.

16. General.

a. The imposing commander, a successor-in-command, or the next superior authority may, in accordance with the time prescribed- (1) Remit or mitigate any part or amount of the unexecuted portion of the punishment imposed.

(2) Mitigate reduction in grade, whether executed or unexecuted, to forfeiture of pay.

(3) At any time, suspend probationally (for a period of time) any part or amount of the unexecuted portion of the punishment imposed.

(4) Suspend probationally (for a period of time) a reduction in grade or forfeiture, whether or not executed. An uncollected forfeiture of pay will be considered unexecuted.

b. Successor in command, defined; recording of action.

(1) As used in paragraph 6a, part V, MCM, a “successor in command” is the officer who has authority to impose the same kind and amount of punishment on a member concerned that was initially imposed or was the result of a modification and who commands the unit to which the punished member is currently assigned or attached, is the commander succeeding to the command occupied by the imposing commander, provided the member still is of that command, or is the successor to the delegate who imposed the punishment, provided the same authority has been delegated to that successor and the member is still of that command.

(2) Recording of action. Suspensions, mitigations, remissions and setting aside shall be documented on DA Form 2627 or DA Form 2627-1 or AF Form 366 and as these may be amended or replaced from time to time, used in the imposition of the nonjudicial punishment fully indicating the actions taken and the reasons therefore. Vacations of suspension shall likewise be documented, including the notice to, appearance by and response of the service member or if the service member was not notified or did not appear, why the member was not given notice and an opportunity to respond and the reasons for the vacation.

17. Suspension.

Ordinarily, punishment is suspended to grant a probational period during which a member may show that the member deserves a remission of the remaining suspended punishment. An executed punishment of reduction or forfeiture may be suspended only within a period of 4 months after the date imposed. Suspension of punishment may not be for a period longer than 6 months from the suspension date. In the case of summarized proceeding, suspensions of punishment may not be for a period longer than 3 months from the date of suspension. Further misconduct by the member, within the period of the suspension, may be grounds for vacation of the suspended portion of the punishment. Unless otherwise stated, an action suspending a punishment automatically includes a condition that the member not violate any punitive Section of the USCMJ.

18. Mitigation.

Mitigation is a reduction in either the quantity or quality of a punishment, its general nature remaining the same. Mitigation is appropriate when the offender’s later good conduct merits a reduction in the punishment, or when it is determined that the punishment imposed was disproportionate. The nonjudicial punishment authority who imposes nonjudicial punishment, the commander who imposes nonjudicial punishment, or a successor in command may, at any time, mitigate any part or amount of the unexecuted portion of the punishment imposed. The nonjudicial punishment authority who imposes nonjudicial punishment, the commander who imposes nonjudicial punishment, or a successor in command may also mitigate reduction in grade, whether executed or unexecuted, to forfeiture of pay, but the amount of the forfeiture may not be greater than the amount that could have been imposed by the officer who initially imposed the nonjudicial punishment. Reduction in grade may be mitigated to forfeiture of pay only within 4 months after the date of execution.

When mitigating:

(1) arrest in quarters to restriction; or (2) extra duties to restriction, the mitigated punishment may not be for a greater period than the punishment mitigated. As restriction is the least severe form of deprivation of liberty, it may not be mitigated to a lesser period of another form of deprivation of liberty, as that would mean an increase in the quality of the punishment.

19. Remission.

This is an action whereby any portion of the unexecuted punishment is canceled by the officer imposing the punishment or his superior. Remission is appropriate under the same circumstance as mitigation. Discharge or other separation for the service remits any unexecuted punishment under Section 15 will not be held beyond his expiration of term or service to complete any unexecuted punishment imposed.

20. Setting aside and restoration.

Setting aside is an action whereby the punishment or any part or amount thereof, whether executed or unexecuted, is set aside and any property, privileges, or rights affected by the portion of the punishment set aside are restored. The nonjudicial punishment authority who imposed punishment, the commander who imposes nonjudicial punishment, or a successor in command may set aside punishment. The power to set aside punishments and restore rights, privileges, and property affected by the executed portion of a punishment should ordinarily be exercised only when the authority considering the case believes that, under all circumstances of the case, the punishment has resulted in clear injustice. Also, the power to set aside an executed punishment should ordinarily be exercised only within a reasonable time after the punishment has been executed. In this connection, 4 months is a reasonable time in the absence of unusual circumstances. In cases where administrative error results in incorrect entries on DA Form 2627, DA Form 2627–1 or AF Form 3070, the appropriate remedy generally is an administrative correction of the form and not a setting aside of the punishment.

Section VIII. Appeals.

21. General.

Any service member on whom nonjudicial punishment has been imposed and who considers the punishment to be unjust or disproportionate to the offense, may appeal to the next superior commander.

22. Appellate Authority.

Nonjudicial punishment appeals are made to the “next superior authority,” who is generally the immediate commander superior to the officer who imposed the punishment. When a principal assistant imposes punishment, the “next superior authority” is the commander superior to the commander who delegated the power.

23. Number of Appeals.

Only one appeal is permissible.

24. Time to Appeal.

The service member will be given a reasonable time within which to submit an appeal. A reasonable time shall normally be fifteen (15) days or the end of the next monthly drill following, whichever comes first.

25. Who May Act on an Appeal.

A superior authority to the commander who imposed the nonjudicial punishment, generally, the next superior commander, may act on an appeal.

26. Procedure.

Appeals shall be in writing and will be made on DA Form 2627 or DA Form 2627-1, or AF Form 3070 as applicable and shall set forth the reasons for appeal including additional documentation and evidence which supports the appeal. Normally, the superior authority shall not consider additional evidence which was not presented to the commander who imposed the nonjudicial punishment, unless, the exclusion of it would yield an unfair result.

27. Legal Review.

Before acting on an appeal, the superior authority shall refer the case to a judge advocate for consideration and advice. The judge advocate shall render an opinion as to the appropriateness of the punishment and whether the proceedings were conducted in accordance with law and regulations. When a case is so referred, the judge advocate is not limited to an examination of any written matter comprising the record of proceedings, and may make any inquiries and examine any additional matter deemed necessary.

28. Action by Superior Authority.

In acting on an appeal, the superior authority may exercise the same power with respect to punishment imposed as may be exercised by the officer who imposed the nonjudicial punishment. The superior authority may take such action even if no appeal has been filed. The superior authority will consider the record of proceedings, any matters submitted by the service member, any matters considered during legal review, and any other appropriate matters. If the superior authority sets aside nonjudicial punishment due to procedural error, such superior authority may authorize additional proceedings by the imposing commander or a successor, but the punishment shall be no more severe than that originally imposed. Upon completion of action by the superior authority, the servicemember upon whom punishment was imposed, shall be promptly notified of the result.

29. Statute of limitations.

Nonjudicial punishment may not be imposed for offenses which were committed more than three (3) years before the date of imposition of punishment, unless such three-year limitation is waived by the accused in writing or unless the accused has filed an appeal under this regulation or the WVMCM. The period of limitations does not run when the member concerned is absent without authority; fleeing from justice; outside the territory where the United States or the State of West Virginia has authority to apprehend; in the custody of civil authorities; or, in the hands of the enemy.

30. Disposition of fines.

All fines imposed under this chapter (Section 15 proceedings) shall be collected from the offender by the commander imposing punishment and forwarded to The Adjutant General who shall deposit the same in the state military fund. Fines collected must be in the form of a cashier’s check, certified check or money order payable to “The Adjutant General of West Virginia”. Payment plans and payment by debit or credit card will be permitted upon approval of The Adjutant General.

ATTACHMENT 1

GUIDE FOR CONDUCT OF NONJUDICIAL

PUNISHMENT PROCEEDINGS

Section 1, General This guide is designed to ensure that the proceedings comply with all legal requirements. It contemplates a three-step process conducted in the presence of the member, consisting of the following: (1) notification, (2) hearing (that may be omitted if the member admits guilt), and (3) imposition of punishment (if the findings result in determination of guilt).

1. Guide for Formal Proceedings.

(Note to CO: If punishment options will include restraints of freedoms, member is entitled to demand a trial by court-martial. The following formal proceedings guide assumes that restraints of freedom will be included in the punishment options).

2. Notification and Hearing.

a. Statements of CO.

(1) As your commander, I have disciplinary powers under Section 15 of the USCMJ. I have received a report that you violated the Uniform State Code of Military Justice, and I am considering imposing nonjudicial punishment using formal proceedings. This is not a formal trial like a court-martial. As a record of these proceedings I will use ________________ (Choose: DA Form 2627 or the appropriate AF Form 3070).

(2) I now hand you that form. Read the specific item that states the offense(s) you are reported to have committed and the items that list the rights you have in these proceedings. Under the provisions of Article 31 of the USCMJ, you are not required to make any statement or provide any information concerning the alleged offense(s). If you do, it may be used against you in these proceedings or in a trial by court-martial.

Note. Wait for the member to read the appropriate form. Allow him or her to retain a photocopy of the form until the proceedings are finished and you have either imposed punishment or decided not to impose it.

(3) Do you understand the offense(s) you are reported to have committed?

b. Response of Member. Yes/No. If the member does not understand the offense(s), explain the offense(s) to him/her.

c. Statement of CO. Do you understand your rights? Do you have any questions about your rights in these proceedings?

d. Response of Member. Yes/No. Note. If the member does not understand his or her rights, explain them in greater detail. If the member asks a question you cannot answer, recess the proceedings. You probably can find the answer in one of the following sources: Section 15, USCMJ; Chapter 3, WVMCM; or contact your servicing Judge Advocate office. Additional information can be found in Part V of the Manual for Courts-Martial (MCM); AR 27-10, Chapter 3; or AFI51-202.

e. Statement of CO. There are some decisions you have to make:

(1) It is my intent to initiate nonjudicial punishment proceedings using the formal proceedings. You have to decide whether you want to demand trial by court-martial. If you demand a court-martial, these proceedings will stop. I then will have to decide whether to initiate court-martial proceedings against you. If you were to be tried by court-martial for the offense(s) alleged against you, you could be tried by summary court-martial, special court-martial, or general court-martial. If you were to be tried by special or general court-martial you would be able to be represented by a military lawyer appointed at no expense to you or by a civilian lawyer of your choosing at no expense to the Government.

(2) If you do not demand trial by court-martial, you must then decide whether you want to present witnesses or submit other evidence in defense, extenuation, and/or mitigation. You have the right to confront witnesses, examine the evidence and submit matters in defense, extenuation and/or mitigation. Your decision not to demand trial by court-martial will not be considered as an admission that you committed the offense(s); you can still submit evidence on your behalf.

(A) Evidence in defense is facts showing that you did not commit the stated offense(s). Even if you cannot present any evidence in defense, you can still present evidence in extenuation or mitigation.

(B) Evidence in extenuation is circumstances surrounding the offense showing that the offense was not very serious.

(C) Evidence in mitigation is facts about you showing that you are a good member and that you deserve light punishment.

(3) You can make a statement and request to have a spokesperson appear with you and speak on your behalf. I will interview any available witnesses and consider any evidence you think I should examine.

(4) Finally, you must decide whether you wish to request that the proceedings be open to the public. Do you understand the decisions you have to make?

f. Response of Member. Yes/No.

g. Statements of CO.

(1) If you do not demand trial by court-martial and after you have presented your evidence, I am convinced that you committed the offense, I could then punish you. The maximum punishment I could impose on you would be (punishment). (See Chapter 3, WVMCM).

(2) You should compare this punishment with the punishment you could receive in a court-martial. (If the member requests to be informed of the maximum court-martial sentence you may state the following: The maximum sentence you could receive in a court-martial is (sentence) for the offense(s); however, under the USCMJ no punishment will exceed ten years imprisonment or the death penalty). (See Part IV and Appendix 12 of the MCM, lists punishments for each violation of the various punitive Articles).

The CO:

(A) May inform the member that referring the charges to a summary or special court-martial would reduce the maximum sentence. For example, a summary court may not impose more than 1 month of confinement. A special court may not impose more than a year of confinement.

(B) Should not inform the member of the particular punishment you may consider imposing until all evidence has been considered.

(3) As the Record of Nonjudicial Punishment Proceedings form indicates, you have a right to talk to an attorney before you make your decisions. A military lawyer whom you can talk to free of charge is located at ____________________________. Would you like to talk to an attorney before you make your decisions?

h. Response of Member. Yes/No. If the member desires to talk to an attorney, arrange for the member to consult an attorney. The member should be encouraged to consult the attorney promptly. Inform the member that consultation with an attorney may be by telephone. The member should be advised that he or she is to notify you if any difficulty is encountered in consulting an attorney.

i. Statements of CO.

(1) You now have 48 hours to think about what you should do in this case. You may advise me of your decision at any time within the 48-hour period. If you do not make a timely demand for trial or if you refuse to sign that part of the Record of Nonjudicial Punishment Proceedings form indicating your decision on these matters, I can continue with these Section 15 proceedings even without your consent. You are dismissed.

Note. At this point, the proceedings should be recessed unless the member affirmatively indicates that he or she has made a decision and does not want additional time or to consult with an attorney. In the event the member does not make a decision within the specified time or refuses to complete you resume the proceedings. Member will be informed that failure to complete and sign the appropriate item may be treated as a voluntary withdrawal of any oral demand for trial. If the member persists in the refusal, and punishment is imposed, in addition to recording the punishment, the following entry will be made on the form “Advised of (his) (her) rights, the member (did not demand trial during the decision period) (refused to (complete) (sign) (complete and sign) this form.)”

(2) Do you demand trial by court-martial?

j. Response of Member. Yes/No. (If the answer is yes, continue with next statement.)

k. Statements of CO.

(1) I will now have you complete the appropriate block indicating your demand for a courts-martial. Because you have demanded trial by court-martial, these proceedings will stop. I now must decide whether to initiate court-martial proceedings against you. I will notify you when I have reached a decision. You are dismissed.

(If the answer is no, continue with next statement.)

(2) I will now have you complete the appropriate block indicating your choice to continue with these proceedings. An open hearing means that the proceeding is open to the public. If the hearing is closed, only you, I, designated members of the chain of command, available witnesses, and a spokesperson, if designated, will be present. Do you request an open hearing?

l. Response of Member. Yes/No.

m. Statement of CO. Do you wish to be accompanied by a spokesperson?

n. Response of Member. Yes/No.

o. Statement of CO. Complete the appropriate block indicating your decision. Do you want to submit any evidence showing that you did not commit the offense(s), or explaining why you committed the offense(s), or any other information about yourself that you would like me to know? Do you wish to have any witnesses testify, including witnesses who would testify about your good past military record or character?

p. Response of Member. Yes/No.

q. Statement of CO. Now compete the appropriate block indicating your decision, and sign and date the form in the space provided under that item.

Note. The CO will:

(1) Wait until the member initials the blocks and signs and dates the form. If the answers to all the questions are no, you may proceed to impose punishment.

(2) If the answer regarding witnesses and evidence is yes and the member is prepared to present his or her evidence immediately, proceed as follows. Consider the evidence presented. If the evidence persuades you that you should not punish the member, terminate the proceedings, inform the member, and destroy all copies of Record of Nonjudicial Punishment Proceedings form. If you are convinced that the member committed the offense(s) beyond a reasonable doubt and deserves to be punished, proceed to impose punishment.

(3) If the member needs additional time to gather his or her evidence, give the member a reasonable period of time to gather the evidence. Tell the member when the proceedings will resume and recess the proceedings.

(4) If someone else conducted the notification proceedings, the imposing commander should conduct the remainder of the proceedings. When you resume the proceedings, consider the member’s evidence. Ensure that the member has the opportunity he or she deserves to present any evidence.

Ask the member, “Do you have any further evidence to present?

Note: If the evidence persuades you that you should not punish the member, terminate the proceedings, inform the member of your decision, and destroy all copies of Record of Nonjudicial Punishment Proceedings form. If you are still convinced that the member committed the offense(s) and deserves to be punished, impose punishment.

2. Imposition of punishment.

Statement of CO: I have considered all the evidence. I am convinced that you committed the offense(s). I impose the following punishments: (Announce Punishment.)

Note. After you have imposed punishment, complete items the appropriate items.

3. Appellate advice.

Main paragraphs are required to have title followed by either paragraph text or two or more subparagraphs1.

Note. The CO will hand the form to the member.

a. Statement of CO. Read the item which lists the punishment I have just imposed on you. Now read the item, which points out that you have a right to appeal this punishment to (title and organization of next superior authority). You can appeal if you believe that you should not have been punished at all, or that the punishment is too severe. Any appeal should be submitted within 15 days. An appeal submitted after that time may be rejected. Even if you appeal, the punishments are effective today, unless the imposing commander sets another date. With respect to a reduction in grade, it is effective upon issuance of the appropriate order from the Adjutant General. Once you submit your appeal, it must be acted upon by (title and organization of next superior) within 5 calendar days, excluding the day of submission. Otherwise, any punishment involving deprivation of liberty (correctional custody, restriction or extra duty), at your request, will be interrupted pending the decision on the appeal. Do you understand your right to appeal?

b. Response of Member. Yes/No.

c. Statement of CO. Do you desire to appeal?

d. Response of Member. Yes/No.

Note. If the answer is yes, go to note at e(3). If the answer is no, continue with next statement.

e. Statements of CO.

(1) If you do not want to appeal, complete the appropriate block.

Note. Now give the member detailed orders as to how you want him or her to carry out the punishments.

(2) You are dismissed.

If the answer is yes, continue with next statement.

(3) Do you want to submit any additional matters to be considered in an appeal?

f. Response of Member. Yes/No. (If the answer is yes, go to note at g(2). If the answer is no, continue with next statement.)

g. Statements of CO.

(1) Complete the appropriate block. I will notify you when I learn what action has been taken on your appeal. You are dismissed.

Note. If the answer is yes, continue with next statement.

(2) If you intend to appeal and do not have the additional matters with you, this form will not be completed until after you have obtained all the additional material you wish to have considered on appeal. When you have obtained this material, return with it by (specify a date 5 calendar days from the date punishment is imposed). After you complete the appropriate blocks, I will send the form and the additional matters you submit to (title and organization of next superior authority). Remember that the punishment will not be delayed (unless the imposing commander sets another date). You are dismissed.

1. Guide for Summarized Proceedings Notification and Hearing a. Statements of CO.

(1) As your commander, I have disciplinary powers under Section 15 of the USCMJ. I have received a report that you violated the Uniform State Code of Military Justice, and I am considering imposing nonjudicial punishment using summarized proceedings. This is not a formal trial like a court-martial. As a record of these proceedings I will use ________________ (Choose: DA Form 2627-1 or the appropriate AF Form 3070).

(2) I now hand you that form. Read the specific item that states the offense(s) you are reported to have committed and the items that list the rights you have in these proceedings. Under the provisions of Article 31 of the USCMJ, you are not required to make any statement or provide any information concerning the alleged offense(s). If you do, it will be used against you in these proceedings or in a trial by court-martial.

Note. Wait for the member to read the appropriate form. Allow him or her to retain a photocopy of the form until the proceedings are finished and you have either imposed punishment or decided not to impose it.

(3) Do you understand the offense(s) you are reported to have committed?

b. Response of Member. Yes/No. If the member does not understand the offense(s), explain the offense(s) to him/her.

c. Statement of CO. Do you understand your rights? Do you have any questions about your rights in these proceedings?

d. Response of Member. Yes/No. Note. If the member does not understand his or her rights, explain them in greater detail. If the member asks a question you cannot answer, recess the proceedings. You probably can find the answer in one of the following sources: Section 15, USCMJ; WVMCM, Chapter 3, or contact your servicing Judge Advocate office. Additional information can be found in Part V of the Manual for Courts-Martial (MCM); AR 27-10, Chapter 3; or AFI51-202.

e. Statement of CO. There are some decisions you have to make:

(1) It is my intent to initiate nonjudicial punishment proceedings using the summarized proceedings. You have the right to confront witnesses, examine the evidence and submit matters in defense, extenuation and/or mitigation. You must decide whether you want to present witnesses or submit other evidence in defense, extenuation, and/or mitigation.

(A) Evidence in defense is facts showing that you did not commit the stated offense(s). Even if you cannot present any evidence in defense, you can still present evidence in extenuation or mitigation.

(B) Evidence in extenuation is circumstances surrounding the offense showing that the offense was not very serious.

(C) Evidence in mitigation is facts about you showing that you are a good member and that you deserve light punishment.

(2) You can make a statement and request witnesses. I will interview any available witnesses and consider any evidence you think I should examine.

(3) Finally, you must decide whether you wish to request that the proceedings be open to the public. An open hearing means that the proceeding is open to the public. If the hearing is closed, only you, I, designated members of the chain of command, and available witnesses, will be present. Do you understand the decisions you have to make?

f. Response of Member. Yes/No.

g. Statements of CO.

(1) If, after you have presented your evidence, I am convinced that you committed the offense, I could then punish you. The maximum punishment I could impose on you would be extra duties for 14 days, oral reprimand or admonition, or any combination of those punishments.

(2) In a summarized proceeding, you do not have the right to consult with counsel prior to the hearing, nor do you have the right to counsel or a spokesperson during the hearing. (Note. The notification of right to demand court-martial will be stricken from the form.)

(3) The hearing will be scheduled no sooner than twenty-four (24) hours and no later than sixty (60) days from today’s date. In this case, your hearing will be scheduled for ________ (Date, time, and location). Do you have any questions?

h. Response of Member. Yes/No.

i. Statements of CO.

(1) I will now give you time to prepare your case. You are dismissed.

Note. At this point, the proceedings should be recessed until the scheduled date.

j. Statements of CO. Do you request an open hearing?

k. Response of Member. Yes/No.

l. Statement of CO. Do you want to submit any evidence showing that you did not commit the offense(s), or explaining why you committed the offense(s), or any other information about yourself that you would like me to know? Do you wish to have any witnesses testify, including witnesses who would testify about your good past military record or character?

m. Response of Member. Yes/No.

n. Statement of CO. Now compete the appropriate block indicating your decision, and sign and date the form in the space provided under that item.

Note. The CO will:

(1) Wait until the member initials the blocks and signs and dates the form. If the answers to all the questions are no, you may proceed to impose punishment.

(2) If the answer regarding witnesses and evidence is yes and the member is prepared to present his or her evidence immediately, proceed as follows. Consider the evidence presented. If the evidence persuades you that you should not punish the member, terminate the proceedings, inform the member, and destroy all copies of Record of Nonjudicial Punishment Proceedings form. If you are convinced that the member committed the offense(s) beyond a reasonable doubt and deserves to be punished, proceed to impose punishment.

(3) If someone else conducted the notification proceedings, the imposing commander should conduct the remainder of the proceedings. When you resume the proceedings, consider the member’s evidence. Ensure that the member has the opportunity he or she deserves to present any evidence.

Ask the member, “Do you have any further evidence to present?

Note: If the evidence persuades you that you should not punish the member, terminate the proceedings, inform the member of your decision, and destroy all copies of Record of Nonjudicial Punishment Proceedings form. If you are still convinced that the member committed the offense(s) and deserves to be punished, impose punishment.

2. Imposition of punishment.

Statement of CO: I have considered all the evidence. I am convinced that you committed the offense(s). I impose the following punishments: (Announce Punishment.)

Note. After you have imposed punishment, complete items the appropriate items.

3. Appellate advice Main paragraphs are required to have title followed by either paragraph text or two or more subparagraphs1.

Note. The CO will hand the form to the member.

a. Statement of CO. Read the item which lists the punishment I have just imposed on you. Now read the item, which points out that you have a right to appeal this punishment to (title and organization of next superior authority). You can appeal if you believe that you should not have been punished at all, or that the punishment is too severe. Any appeal should be submitted within 15 days. An appeal submitted after that time may be rejected. Even if you appeal, the punishments are effective today, unless the imposing commander sets another date. Once you submit your appeal, it must be acted upon by (title and organization of next superior) within 5 calendar days, excluding the day of submission. Otherwise, any punishment involving deprivation of liberty (extra duty), at your request, will be interrupted pending the decision on the appeal. Do you understand your right to appeal?

b. Response of Member. Yes/No.

c. Statement of CO. Do you desire to appeal?

d. Response of Member. Yes/No.

Note. If the answer is yes, go to note at e(3). If the answer is no, continue with next statement.

e. Statements of CO.

(1) If you do not want to appeal, complete the appropriate block.

Note. Now give the member detailed orders as to how you want him or her to carry out the punishments.

(2) You are dismissed.

If the answer is yes, continue with next statement.

(3) Do you want to submit any additional matters to be considered in an appeal?

f. Response of Member. Yes/No. (If the answer is yes, go to note at g(2). If the answer is no, continue with next statement.)

g. Statements of CO.

(1) Complete the appropriate block. I will notify you when I learn what action has been taken on your appeal. You are dismissed.

Note. If the answer is yes, continue with next statement.

(2) If you intend to appeal and do not have the additional matters with you, this form will not be completed until after you have obtained all the additional material you wish to have considered on appeal. When you have obtained this material, return with it by (specify a date 5 calendar days from the date punishment is imposed). After you complete the appropriate blocks, I will send the form and the additional matters you submit to (title and organization of next superior authority). Remember that the punishment will not be delayed (unless the imposing commander sets another date). You are dismissed.

ATTACHMENT 2

SAMPLE FORMAT FOR WARRANT FOR ARREST

WARRANT FOR ARREST

TO ALL PEACE OFFICERS OF THE STATE OF WEST VIRGINIA AND ANY OTHER PEACE OFFICER OR CIVIL OFFICER HAVING AUTHORITY TO APPREHEND OFFENDERS UNDER THE LAWS OF THE UNITED STATES OR OF A STATE, GREETINGS:

Pursuant to Sections 7 through 14 of Chapter 15, Article 1E of the West Virginia Code, and considering the attached affidavit supporting a determination that probable cause exists to believe that an offense under the Uniform State Code of Military Justice was committed by the servicemember named herein, YOU ARE HEREBY DIRECTED TO ARREST:

Name, Rank, Social Security Number, Address whose description is as follows: Race: Weight: Height: DOB: Hair: Eyes: and bring said person either before me, the undersigned authority at Address of unit immediately, or, alternatively, to deliver said person to Name of local Regional Jail or to the most appropriate detention facility within your jurisdiction for the purpose of answering to the State of West Virginia for an offense against the laws of said State, as follows: State USCMJ Article(s) from Charge Sheet as sworn to in writing before me. The accused may be fingerprinted and photographed if required by your agency, and while in your custody, the said individual shall be subject to the same treatment as other persons so restrained under the laws of the State of West Virginia. The accused may be released to the custody of the West Virginia National Guard or admitted to bail in the amount of $250.00 and given written notice to report within 24 hours to his National Guard unit at the address below. This warrant shall expire six months from the date of issuance, and authorized detention SHALL NOT EXCEED EIGHT HOURS from the time of arrest. Upon release the arresting authority shall deliver the attached written direct order to report to the unit before 1600 the following working day. Immediately after the accused is in custody, and again when he is released, you are required to notify the individual’s National Guard unit by calling the following persons:

Name and Rank _________ Daytime Phone No. _________ After Hours Phone No. _________ 1. 2.

By the authority of the Governor of the State of West Virginia and pursuant to the USCMJ (WV Code §15-1E-1, et seq.), I affix my official signature, this ________ day of _________________, 20. __________________________________________________________ (Typed Name & Rank of Convening Authority (“CA”) (CA’s Signature) __________________________________________________________ (Military Unit and Location)

ATTACHMENT 3

SAMPLE FORMAT FOR TRANSMITTAL OF COURT-MARTIAL CHARGES

Unit Heading Office Symbol11 July 2010 MEMORANDUM FOR: Commander, 77th Brigade Troop Command, WVARNG, 409 Wood Mountain Road, Glen Jean, WV 25846 SUBJECT: Referral of Charges to Court-Martial 1. Forwarded herewith are sworn court-martial charges for appropriate disposition.

2. Summaries of expected testimony and documentary evidence upon which the charges are based, if any, are enclosed.

3. The following material witnesses are expected to be available at the time of the trial:

(List Rank(s), Name(s), and Address(es)

4. There is evidence of _____ (list number, if any) admissible previous court-martial conviction(s) of the accused. A duly authenticated extract copy of the accused's military records of previous convictions showing such conviction(s), if any, is enclosed.

5. The character of the accused's military service prior to the offense(s) charged has been (excellent) (good) (fair) (unsatisfactory).

6. I recommend trial by (Summary) (Special) (General) Court-Martial, and further recommend that the soldier (be) (not be) retained in the West Virginia National Guard. [If applicable: The accused was offered and declined Summary Court-Martial for the charge.]

Encls: as HARD CHARGER LTC, MP, WVARNG Commanding ATTACHMENT 4 SAMPLE FORMAT FOR CONVENING ORDER Unit Heading SPECIAL ORDER Date 92-XX 1. A Special Court-Martial is hereby convened. It may proceed to try such person(s) as may be properly brought before it. WVARNG Judge Advocates are appointed with the approval of the Senior Force Judge Advocate. The Court will be constituted as follows:

MILITARY JUDGE

COL THOMAS J. KINCAID, JA, JFHQ-WV, WVARNG, certified in accordance with USCMJ Section 26(b) and previously sworn in accordance with USCMJ Section 42(a).

TRIAL COUNSEL

MAJ DAVID K. SIMMONS, JA, 111th EN BDE, WVARNG, is detailed as TRIAL COUNSEL, certified in accordance with USCMJ Section 27(b) and previously sworn in accordance with USCMJ Section 42(a).

DEFENSE COUNSEL

CPT JEROME J. BARBERA, III, JA, 77th Brigade Troop Command, WVARNG, is detailed as DEFENSE COUNSEL, certified in accordance with USCMJ Section 27(b) and previously sworn in accordance with USCMJ Section 42(a).

PANEL MEMBERS

MOORE, JAROD A., COL/O6, SF, JFHQ-WV, WVARNG.

BENNETT, JOSEPH L., LTC/O5, EN, 1092 EN BN, WVARNG.

BARNETTE, SAMUEL T., LTC/O5, AG, 151st MP BN, WVARNG.

2. The special court-martial will convene at the TAG Conference Room, JFHQ-WV, 1703 Coonskin Drive, Charleston, WV 25311-1085.

BY ORDER OF THE COMMANDER

GARY J. WHIPPLE

Brigadier General, WVARNG Commanding ATTACHMENT 5 SAMPLE FORMAT FOR ORDER OF COMMITMENT ORDER OF COMMITMENT PURSUANT TO COURT-MARTIAL TO: Commissioner of the West Virginia Division of Corrections The defendant, (NAME, RANK, ADDRESS, & OTHER IDENTIFYING DATA) has been convicted of violating Uniform State Code of Military Justice (USCMJ), Section( ), by West Virginia National Guard Summary Court-Martial.

Therefore, pursuant to Uniform State Code of Military Justice Sections 11 and 58 (W. Va. Code §15-1E-11 and §15-1E-58), the sentence of this Court-Martial and the action of convening authority in this matter: YOU ARE DIRECTED TO COMMIT TO CONFINEMENT FORTHWITH THE ABOVE NAMED MEMBER OF THE WEST VIRGINIA NATIONAL GUARD AND TO KEEP SAID PERSON IN YOUR CUSTODY FOR THE FOLLOWING PERIOD OF COMMITMENT: _______DAYS.

SPECIAL INSTRUCTION: UPON COMPLETION, MEMBER IS TO BE RELEASED ON HIS OWN RECOGNIZANCE. MEMBER SHOULD BE PLACED IN STATE, NOT FEDERAL CONFINEMENT IN THE PRISON OR FACILITY.

IF THE DEFENDANT IS NOT DELIVERED INTO YOUR CUSTODY WITH THIS ORDER, YOU ARE AUTHORIZED TO EFFECT HIS ARREST FOR THE PURPOSE OF COMMITMENT.

While committed, the individual shall be subject to the same discipline treatment as other persons so confined and/or committed under the laws of the State of West Virginia.

When the above named individual has been committed to confinement, and again when he has been released, you are requested to notify the following representative of the West Virginia National Guard.

RANK, NAME, UNIT ADDRESS, DAY & NIGHT TIME PHONE NUMBER

By the authority of the Governor of the State of West Virginia and pursuant to the USCMJ (WV Code §15-1E-1, et seq.), I affix my official signature, this DATE, RANK, NAME, OFFICIAL STATUS, UNIT ADDRESS & SIGNATURE OF SUMMARY COURT-MARTIAL OFFICER OR CONVENING AUTHORITY The prisoner was received at______hours. DATE:

RANK, NAME, & ORGANIZATION OF CORRECTIONAL OFFICER

REQUEST FOR REDUCTION ORDERS

DATE PREPARED

TAG-WV USE: AGD APPROVED ORDER DATED

NAME SSN

LAST FIRST MI

UNIT UIC PRN

ADDRESS

RANK REDUCED TO

PMOS AWARDED SMOS AWARDED

PMOS WITHDRAWN SMOS WITHDRAWN

REASON FOR REDUCTION

EFFECTIVE DATE (AGD USE)

AUTHORITY: Sec 15, USCMJ DATE OF RANK (AGD USE)

BONUS RECIPIENT YES/NO IF RECOUPMENT IS NECESSARY, THE APPROPRIATE DOCUMENTS ARE ATTACHED.

PRESENT PARA LINE DMOS

MOVE TO PARA LINE NEW DMOS

FORMAT: 306

COMMANDER’S SIGNATURE BLOCK

The above request for personnel action is approved/denied.

Designated MILPO Authority AGO FORM 600-200-2  03 November 2010 (ALL PREVIOUS EDITIONS ARE OBSOLETE)

141CSR49

141CSR49

Series 63 Awards And Decorations

W. Va. Code R. § 141-63 Awards And Decorations

CHARLESTON, 25311-1085

WV MILITARY REGULATION (Army)

NUMBER

672-5 Series 63.

WV MILITARY REGULATION (Air)

NUMBER 900-2

FILED

AWARDS AND DECORATIONS

SECTION I - General Paragraph Page

Purpose Military Awards Board of West Virginia.

West Virginia National Guard Awards Board Recommending Authority Submission Procedures.

Method of Announcing Awards Presentation Budgeting for Funds Maintenance of Inventory

SECTION II - State Awards Awards Established by Military Code of WV Awards Established by The Adjutant General of WV Multiple Awards Order of Precedence Award Certificates APPENDIXES:

A. AGO Form 638, Recommendation for State Award A-1 B. AGO Form 638-1, Recommendation for West Virginia State Service Ribbon B-1 C. AGO Form 638-2, Recommendation for West Virginia Service Ribbon C-1 D. Sample Letter, Recommendation for State Award Air D-1 E. TAG-WV Permanent Order WVARNG/WVANG - Joint Series No.1, 15 October 1990 E-1 which established the Order of Precedence for West Virginia Awards and Medals F. TAG, WV PERMANENT ORDERS (WVARNG/WVANG - JOINT SERIES)

F-1 No. 2, 15 October 1990 which established the West Virginia Meritorious Service Medal G. TAG, WV PERMANENT ORDERS (WVARNG/ANG - JOINT SERIES)

No. 3, 15 October 1990 which establishes the West Virginia Commendation Medal G-1 WVMR (Army) 672-5 WVMR (Air) 900-2 Page H. TAG, WV PERMANENT ORDERS (WVARNG/WVANG - JOINT SERIES) No. 4, 15 October 1990 which established the West Virginia Achievement Ribbon H-1 I. TAG, WV PERMANENT ORDERS (WVARNG/ARNG - JOINT SERIES)

No. 5, 15 October 1990 which establishes the West Virginia Emergency Service Ribbon I-1 J. TAG, WV PERMANENT ORDERS (WVARNG/WVANG - JOINT SERIES)

No. 6, 15 October 1990 which established the West Virginia State Service Ribbon.

J-1 K. TAG, WV PERMANENT ORDERS (WVARNG/WVANG - JOINT SERIES)

No. 7, 15 October 1990 which establishes the West Virginia Service Ribbon.

K-1 L. TAG, WV PERMANENT ORDERS (WVARNG/WVANG - JOINT SERIES)

No. 8, 15 October 1990 which establishes the West Virginia National Guard Minuteman Ribbon L-1 M. TAG, WV PERMANENT ORDERS (WVARNG/WVANG - JOINT SERIES)

No. 9, 15 October 1990 which establishes the West Virginia Distinguished Unit Award M-1 N. SAMPLE AWARD CERTIFICATE N-1

SECTION I - GENERAL

1. PURPOSE. The purpose of this regulation is to provide the guidance, implementing the West Virginia National Guard Awards and Decorations Program authorized by West Virginia Code, Article 1G, Chapter 15 as amended on 28 March 1988 and became effective on 26 June 1988.

2. MILITARY AWARDS BOARD.

a. A permanent board of awards to be known as the Military Awards Board of the State of West Virginia will be appointed. The Board will consist of three members, at least two of whom shall be active members of the West Virginia National Guard. The term of office for these members shall be four years, or until their successors are appointed. One of the members will be selected as secretary and assigned the responsibility of maintaining a complete record of all Board proceedings. This record is to be maintained in the Office of the Adjutant General as part of the permanent military records of the State of West Virginia. The Board will review all recommendations for the award of the following:

(1) West Virginia Distinguished Service Medal (WVDSM)

(2) West Virginia Legion of Merit (WVLOM)

b. The affirmative vote of two members of the Board is necessary for submitting recommendations for the WVDSM or the WVLOM to the Governor for final approval/disapproval. Any recommendation failing to receive the Board's recommendation for approval on two separate occasions shall not be acted on again.

c. The Board shall design, or have designed, the WVDSM, the WVLOM and other West Virginia awards and decorations that might be approved by the Adjutant General of West Virginia under the provisions of

Section II, paragraph 11 of this regulation. Subsequent to agreeing upon the design of these awards and decorations, the Board shall submit the designs and bids, together with its recommendations thereon, to the Governor for final approval.

d. In addition to the items mentioned above, the Board has the authority to:

(1) Originate recommendations for awards.

(2) Disapproval or downgrade recommendations for awards.

3. WEST VIRGINIA NATIONAL GUARD AWARDS

BOARDS.

a. The Adjutant General will appoint two separate and distinct West Virginia National Guard Awards Boards.

They are as follows:

(1) West Virginia Army National Guard (WVARNG)

Awards Board.

(2) West Virginia Air National Guard (WVANG)

Awards Board.

b. Each of the above mentioned Boards will consist of ten members (i.e., six officers and four enlisted members) assigned to Headquarters, West Virginia State Area Command (HQ WV STARC) and Head quarters, West Virginia Air National Guard (HQ WVANG) respectively.

c. The WVARNG and WVANG Awards Boards are responsible for reviewing recommendations for all of the State awards and decorations that have been, or will be, established in accordance with the provisions of Code of West Virginia, Article 1G, Section 4 and paragraph 11, Section II of this regulation. The boards will recommend the approval/ disapproval or downgrade of same to the Adjutant General.

d. Recommendations for all State awards and decorations will be processed through appropriate military channels to TAG, WV, Attn: Military Personnel Management Officer (MILPO) for WVARNG or TAG, WV, Attn: Executive Support Staff Officer (ESSO) for WVANG. If the recommendation is for the award of the WVDSM or the WVLOM, the MILPO or ESSO will forward the recommendation package to the Military Awards Board for necessary action. If the recommendation is for any of the other State awards or decorations listed in paragraph 11, Section II below, the MILPO or ESSO will select any three of the ten individuals who have been appointed to serve on the WVARNG or WVANG Awards Board, respectively, and request that they act on the package. The senior individual selected will act as President and the junior individual will act as Recorder of the Board. Only officers will be selected to serve on an Awards Board considering a recommendation for an award or decoration for an officer. An Awards Board considering an award or decoration for an enlisted member may consist of all officers; one officer and two enlisted personnel; or all enlisted personnel as deemed appropriate by the MILPO or ESSO.

e. The WVARNG or WVANG Awards Board will convene at the earliest opportunity after receipt of the recommendation package from the MILPO or ESSO.

Three members are necessary to have a quorum. A majority vote will decide all actions of the Board. Decisions of the Board are considered to be recommendations to the Adjutant General, whose decision is final and may not be appealed.

4. RECOMMENDING AUTHORITY. It is the responsibility of West Virginia National Guard commanders or any other individual having personal knowledge of an act, achievement, or service believed to fall within the criteria for authorized awards or decorations to submit recommendations for consideration.

5. SUBMISSION PROCEDURES.

a. WVARNG: All recommendations for a State award or decoration, except for the West Virginia State Service Ribbon and the West Virginia Service Ribbon will be submitted through channels on an AGO Form 638 (Appendix A) to TAG, WV - Attn: MILPO. Separate recommendations for different awards and decorations are required; however, several individuals may be included on an AGO Form 638-1 (Appendix B) for the award of the West Virginia State Service Ribbon, or on an AGO Form 638-2 (Appendix C) for the award of the West Virginia Service Ribbon. The MILPO will forward all recommendations for the WVDSM or the WVLOM to the Military Awards Board for consideration. All other recommendations will be referred to the WVARNG Awards Board.

b. WVANG:

(1) Recommendations for the WVMSM and the WVLOM will be submitted through channels on an AGO Form 638 (Appendix A) to TAG, WV - Attn:

ESSO. The ESSO will forward all such recommendations to the Military Awards Board for consideration.

(2) Recommendations for the approval of all other State awards and decorations (i.e., those established by the Adjutant General in accordance with the provisions of West Virginia Code, Article 1G-4, Chapter 15 and paragraph 11, Section II below) will be submitted in military letter format through channels to TAG, WV - Attn: ESSO. Complete justification for the award should be included in the letter (See Appendix D for sample letter).

6. METHOD OF ANNOUNCING AWARDS. State awards and decorations that are approved by the Governor, based upon the recommendation of the Military Awards Board, or by the Adjutant General, based upon there commendation of the WVARNG or WVANG Awards Board, will be announced on Permanent Orders (for WVARNG personnel) or Special Orders (for WVANG personnel) published by the Adjutant General's Department.

7. PRESENTATIONS. Awards and decorations will be presented at an appropriate ceremony. When the Adjutant General or a member of his staff cannot make the presentation, the awards and decorations, to include copies of appropriate orders, will be forwarded to the commander of the recipient for presentation.

8. BUDGETING FOR FUNDS. The Adjutant General shall annually submits to the Legislature a request for an appropriation sufficient to cover the cost of all West Virginia awards and decorations established in accordance with the provisions of the West Virginia Code and this Regulation that are to be procured during the next fiscal year. The MILPO and ESSO are responsible for ensuring that the Adjutant General is provided with the necessary information to budget for the awards and decorations required each fiscal year for their respective service.

9. MAINTENANCE OF INVENTORY. The inventory of awards and decorations purchased by the Adjutant General will be maintained by the MILPO.

SECTION II - STATE AWARDS

10. AWARDS ESTABLISHED BY WEST VIRGINIA

CODE:

a. WEST VIRGINIA DISTINGUISHED SERVICE MEDAL (WVDSM):

(1) DESCRIPTION: The WVDSM is a 14K Gold Cross with the State Seal in the center of the face encircled by the words "Distinguished Service". On the back, the name of the recipient will be engraved with the inscription "For Distinguished Service". The Medal is suspended from a ribbon with a center band of gold flanked by equal bands of blue. The blue bands are flanked by equal bands of gold with blue borders. The ribbon bar is as described for the ribbon above.

(2) CRITERIA FOR AWARD: The WVDSM may be awarded as follows:

(a) To former governors who are now alive, present and future governors of the State of West Virginia as commanders-in-chief of the West Virginia National Guard;

(b) To such officers and enlisted personnel in the West Virginia National Guard as may have, or may hereafter render conspicuous or distinguished service in the line of duty, or who have displayed, or may hereafter display conspicuous courage and gallantry while on duty with the West Virginia National Guard;

(c) To persons serving in the West Virginia National Guard who are holders of Congressional Medals of Honor, United States Distinguished Service Medals, United States Distinguished Service Cross, or equivalent awards of the United States Army; the United States Navy; or the United States Air Force;

(d) To persons of West Virginia who served, or shall hereafter serve in the armed forces of the United States in time of war and who may have rendered or shall hereafter render conspicuous or distinguished service in the line of duty;

(e) To not more than two civilians in any one year who shall have rendered, in the judgment of the military board of the State of West Virginia, conspicuous or distinguished service to the West Virginia National Guard;

(f) The Military Awards Board of the State of West Virginia shall be empowered to recommend the WVDSM posthumously for presentation to the next of kin of any officer or enlisted person entitled thereto under the foregoing paragraphs. No posthumous award shall be made in the case of a civilian.

(3) ESTABLISHING AUTHORITY: The establishing

authority for the WVDSM is West Virginia Code,

Article 1G, Section 1, Chapter 15.

b. WEST VIRGINIA LEGION OF MERIT (WVLOM):

(1) DESCRIPTION: The WVLOM is a round, gold colored medal with the words "West Virginia Legion of Merit" along the outside rim. A square is superimposed within the circle and the State Seal is superimposed upon the square. The medal is suspended from a ribbon which is 11/16" in width and consists of a center band of blue flanked by equal bands of gold. The gold bands are flanked by equal bands of blue. The ribbon bar is the same as described above for the ribbon on the medal.

(2) CRITERIA FOR AWARD: The WVLOM may be awarded for exceptional meritorious service, achievement or bravery:

(a) To present or former officers and enlisted members of the West Virginia National Guard;

(b) To present or former members of active military components, national guard members of other states and other reserve components;

(c) To civilians who have rendered conspicuous or distinguished service to the West Virginia National Guard, the State of West Virginia or the United States of America.

(3) ESTABLISHING AUTHORITY: The establishing

authority for the WVLOM is West Virginia Code, Artile 1G, Section 2, Chapter 15.

c. AWARD APPROVING AUTHORITY: The Governor of West Virginia is the award approving authority for the WVDSM and the WVLOM based upon an affirmative recommendation from the Military Awards Board. If deemed appropriate, the Governor may approve the downgrade of a WVDSM to a WVLOM.

The Governor may also downgrade a recommendation for a WVLOM to a West Virginia Meritorious Service Medal.

11. AWARDS ESTABLISHED BY THE ADJUTANT

GENERAL:

a. WEST VIRGINIA MERITORIOUS SERVICE MEDAL (WVMSM):

(1) DESCRIPTION: The WVMSM is a round, bronze plated medal with the words "West Virginia Meritorious Service" along the outside rim. A square is superimposed within the circle and the State Seal is superimposed upon the square. The medal is suspended from a ribbon 11/16" in consisting of a centered band of blue flanked by equal narrow bands of gold. The gold bands are flanked by equal bands of blue with borders of gold. The ribbon bar is the same description above for the ribbon.

(2) CRITERIA FOR AWARD: The WVMSM may be awarded to any civilian or member of the West Virginia National Guard or of the Armed Forces of the United States who, on or after 1 July 1990, shall distinguish himself/herself by acts of heroism, meritorious achievement or meritorious service rendered over a period of time that is of sufficient importance to the State of West Virginia to merit significant recognition, but of a lesser degree than that required for the award of the WVLOM.

(3) ESTABLISHING AUTHORITY: The establishing

authority for the WVMSM is WEST VIRGINIA PER- MANENT ORDERS (WVARNG WVANG - JOINT SERIES) NUMBER 2, dated 15 October 1990. (APPEN- DIX E).

b. WEST VIRGINIA COMMENDATION MEDAL:

(1) DESCRIPTION. The WVCM is round, bronze plated medal with the words "West Virginia State Commendation" along the outside with a square superimposed within the circle and the State Seal upon the square. The medal is suspended from a ribbon which is 11/16" in width and consists of a narrow band of gold centered in the middle of the ribbon.

This gold band is flanked by a narrow bands of blue which are flanked by a narrow bands of gold. These bands of gold are flanked by narrow bands of blue which are also flanked by narrow bands of gold.

These bands of gold are flanked by large bands of blue. The ribbon bar is the same as described above.

(2) CRITERIA FOR AWARD. The WVCM may be awarded to any person who, on or after 15 October 1990, shall distinguish himself herself by performing especially meritorious public service or achievement or display exceptional bravery that is of sufficient importance to the State of West Virginia to merit significant recognition, but of a lesser degree than that required for the award of the WVMSM.

(3) ESTABLISHING AUTHORITY: The establishing

authority for the WVCM is WEST VIRGINIA PERMA- NENT ORDERS (WVARNG WVANG - JOINT SE- RIES) NUMBER 3, dated 15 October 1990. (APPEN- DIX F)

c. WEST VIRGINIA ACHIEVEMENT RIBBON (WVAR):

(1) DESCRIPTION. The WVAR has a wide white center, flanked on each side by a narrow red and white band with a wide green band at each end.

(2) CRITERIA FOR AWARD: The WVAR may be awarded to any member of the West Virginia National Guard who shall distinguish himself/herself by service or act(s) that are of sufficient importance to merit significant recognition of a lessor degree than that required for the award of the WVCM.

(3) ESTABLISHING AUTHORITY: The establishing

authority for the WVAR is WEST VIRGINIA PERMA- NENT ORDERS (WVARNG WVANG - JOINT SE- RIES) NUMBER 4, dated 15 October 1990. (APPEN- DIX G)

d. WV EMERGENCY SERVICE RIBBON (WVESR):

(1) DESCRIPTION. The WVESR has a center band of yellow flanked by equal bands of blue. The blue bands are flanked by equal bands of white with blue borders.

(2) CRITERIA FOR AWARD. The WVESR may be awarded to any member of the West Virginia National Guard who shall serve in the active military service of the state in the aid of civil authorities in upholding the law and preserving order, protecting lives and property, in the aid and relief of citizens in disaster, or other similar service, duly ordered by the Governor, or who shall honorably serve for thirty days in the armed forces of the United States as a member of the National Guard of this State called or ordered to service therein by the President of the United States, shall, upon recommendation of the West Virginia National Guard Awards Board and approval by The Adjutant General of West Virginia, be awarded the WVESR.

(3) ESTABLISHING AUTHORITY: The establishing authority for the WVESR is WEST VIRGINIA PERMANENT ORDERS (WVARNG WVANG - JOINT SERIES) NUMBER 5, dated 15 October 1990 (APPENDIX H)

e. WEST VIRGINIA STATE SERVICE RIBBON (WVSSR).

(1) DESCRIPTION. The WVSSR is an equally divided yellow and blue ribbon. The yellow will be worn to the wearer's right.

(2) CRITERIA FOR AWARD. The WVSSR shall be presented to all members of the West Virginia National Guard who are ordered to any period of active service of the State pursuant to West Virginia Code, Artilce 1D,

Chapter 5.

(3) ESTABLISHING AUTHORITY: The establishing

authority for the WVSSR is WEST VIRGINIA PERMA- NENT ORDERS (WVARNG WVANG - JOINT SE- RIES) NUMBER 6, dated 15 October 1990 (APPENDIX I)

f. WEST VIRGINIA SERVICE RIBBON (WVSR).

(1) DESCRIPTION. The WVSR is an equally divided red and black ribbon. The red will be worn to the wearer's right.

(2) CRITERIA FOR AWARD. The WVSM may be awarded to all officers and enlisted personnel and to all former officers and enlisted personnel of the West Virginia National Guard who have five years of honorable service with the West Virginia National Guard.

For each succeeding five years of honorable service, there shall be awarded an oak leaf cluster. (See paragraph 12 below)

(3) ESTABLISHING AUTHORITY: The establishing WVMK (Army) 6/2-5 WVMR (Air) 900-2

authority for the WVSR is WEST VIRGINIA PERMA- NENT ORDERS (WVARNG WVANG - JOINT SE- RIES) NUMBER 8, dated 1 October 1990 (APPENDIX J).

g. WEST VIRGINIA NATIONAL GUARD MIN- UTEMAN RIBBON (WVNGMR).

(1) DESCRIPTION. The WVNGMR is solid yellow in color.

(2) CRITERIA FOR AWARD: The WVNGMR will be awarded to any member of the West Virginia National Guard who is solely responsible for the enlistment of five individuals in the West Virginia National Guard (Army or Air) during any consecutive 180-day period.

Three of the five enlistees must be non-prior service.

(3) ESTABLISHING AUTHORITY: The establishing

authority for the WVNGMR is WEST VIRGINIA PERMANENT ORDERS (WVARNG/WVANG -JOINT SERIES) NUMBER 9, dated 15 October 1990 (Appendix K).

h. WEST VIRGINIA DISTINGUISHED UNIT AWARD (WVDUA):

(1) DESCRIPTION. The WVDUA consists of a streamer and an emblem (i.e., ribbon). The streamer is a ribbon 1 3/5 inches in width and two feet in length with a shallowtail fly end, and embroidered in gold with the name of the action, if awarded for military operations, or area, if awarded for meritorious service or achievement. The ribbon for the WVDUA is an alternating diagonal purple and white ribbon with a gold frame of wheat design. The frame will be worn with the wheat design in the normal direction in which wheat grows.

(2) CRITERIA FOR AWARD: The WVDUA will be awarded to units or organizations, not larger than squadron/battalion, which have distinguished themselves by exceptionally meritorious achievement or meritorious service in support of military operations (heroism may be involved, but is not essential), or by exceptionally meritorious achievement or service of great state or national significance, not involving combat operations against an enemy. In all instances the achievement or service must be of such a nature as to clearly set the unit or organization above and apart from similar units/organizations. Requirements for the award will parallel those established for the award of the West Virginia Meritorious Service to an individual. Normally, among similar units/organizations, only one unit/organization will be awarded the WVDUA for participation in a specific activity or for a certain achievement or period of service. The WVDUA may also be awarded to any West Virginia National Guard unit or organization serving in an active status with the Armed Forces of the United States.

(3) WEAR OF WVDUA. Soldiers/ Airmen may wear the unit award permanently if the individual was assigned to and present for duty with the unit anytime during the period cited or attached by competent orders to and present for duty with the unit during the entire period. Temporary wear of the award is not authorized (4) ESTABLISHING AUTHORITY: The establishing

authority for the WVDUA is WEST VIRGINIA PER- MANENT ORDERS (WVARNG WVANG - JOINT SERIES) NUMBER 10, dated 15 October 1990. (AP- PENDIX L)

i. AWARD APPROVING AUTHORITY: The Adjutant General of West Virginia is the Award Approving

Authority for all of the awards/decorations listed in paragraphs 11a through 11h above.

12. MULTIPLE AWARDS. In the event any officer or enlisted member of the West Virginia National Guard shall render service or perform an act which would entitle him/her for subsequent awards or decorations as described above (i.e., paragraphs 10 or 11 of this

regulation) he/she shall wear on the ribbon of the medal and on the ribbon bar a bronze oak leaf cluster denoting ownership of such medal/ribbon. A silver oak leaf cluster will be worn denoting ownership of six awards (i.e., the medal/ribbon for the first; a bronze oak leaf cluster for the second through the fifth award, and a silver oak leaf cluster for the sixth award). For the West Virginia Service Ribbon, the basic ribbon will be issued for five years of service; a bronze oak leaf cluster will then be awarded for each succeeding five year periods representing 10, 15, 20 and 25 years of service.

A silver oak leaf cluster will be awarded as the fifth device representing 30 years of service. A silver oak leaf cluster with 1, 2, or 3 bronze oak leaf clusters will represent 35, 40, or 45 years of service respectively.

13. ORDER OF PRECEDENCE. West Virginia awards and decorations will be worn after or below those awarded by the United States of America and before or above all foreign decorations. They will be worn in the order of precedence as listed on the following page:

WVMR (Army) 672-5 WVMR (Air) 900-2 ORDER OF PRECEDENCE ABBREV AUTH COLOR TO WEARER'S RIGHT West Virginia Distinguished Service Medal WVDSM WVC West Virginia Legion of Merit WVLOM WVC West Virginia Meritorious Service Medal WVMSM West Virginia State Commendation Medal* WVSCM - West Virginia Commendation Medal WVCM West Virginia Achievement Ribbon WVAR West Virginia Emergency Service Medal ** WVESM - West Virginia Emergency Service Ribbon WVESR West Virginia State Service Ribbon WVSSR - Yellow West Virginia Service Medal ** WVSM Red West Virginia Service Ribbon WVSR Red West Virginia Army Guard Minuteman Ribbon *** WVAGMR West Virginia National Guard Minuteman Ribbon WVNGMR West Virginia Distinguished Unit Award w/streamers WVDUA * This medal has been discontinued and is no longer authorized for issue. Individuals who have been awarded this medal previously may continue to wear both the medal and the ribbon in the order of precedence noted above. ** This award has been changed from a medal to a ribbon. Existing medals that are currently on hand in the Adjutant General's Department may continue to be issued to new recipients of this award until they are depleted. Subsequently, only the ribbon will be issued.

The ribbon is the same as the ribbon from which the former medal was suspended. Individuals who have been awarded this medal previously may continue to wear it in the order of precedence noted above. *** This award was previously authorized for issue to WVARNG personnel only. The name of the award has been changed from "Army Guard Minuteman Ribbon" to "National Guard Minuteman Ribbon". Accordingly, WVANG personnel are now eligible for this award. Accordingly, personnel who have previously been awarded this ribbon may continue to wear it in the same order of precedence noted above.

14. AWARD CERTIFICATES. An appropriate certificate will be developed by TAG, WV and presented to individuals who are awarded the WVDSM, WVLOM, WVMSM, WVCM and WVAR. See Appendix M for sample of the WVAR certificate. Certificates for all of the other West Virginia National Guard awards will be similar except that they will refer to the appropriate award and will have the appropriate colors of the ribbon above the seal.

Encls DISTRIBUTION:

"A"

Cash Skaff JOSEPH I SKAFF RECOMMENDATION FOR STATE AWARD (For use of this form see WMR (Army) 672-5)

Heroism Meritorious Achievement or Service FOR:

(Include Zip Code)

FROM:

(Include Zip Code)

PART I - PERSONAL DATA

NAME 1. Last - First - Middle 3. Grade 4. Branch/PMOS 2. SSN 5.

Organization and Station 6.

Recommended Award (Include Oak Leaf Clusters, Bronze Star, Silver Star, etc)

7. Posthumous Award: _ Yes No a.

Date and Place of Death 8. Desired Date of Presentation b. . Name, Relationship and Address of NOK

PART II - RECOMMENDATION FOR AWARD FOR ACHIEVEMENT OR SERVICE

9. Inclusive Dates for which Recommended 10. Inclusive Dates of Assignment to Unit Shown in Item 5. State Reason for End Date (Retire, PCS, etc.)

10. All Previous Awards to Individual

PART III - PROPOSED CITATION

12. Describe the Individual's Performance in the Space Provided Below.

PART IV - OTHER INSTRUCTIONS AND AUTHENTICATION

13. List Attachments 16. If Approved, Forward Award to:

14. Related Position of Person Initiating Recommendation to Person being Recommended. 15.

Type Name-Grade, Branch & Title of Person Initiating Recommendation.

17. Signature 18. Date (DATE)

SUBJECT: Recommendation for West Virginia Service Ribbon (WVSR)

State of West Virginia Request individuals listed below be awarded the West Virginia Service Ribbon IAW para 11-f, WVMR (Army), dtd 15 October 1990.

NAME (Last) (First) (MI)

RANK

SSAN

Period of Service (Entire Period)

Award ( ) 1st End Office of The Adjutant General, State of West Virginia, Charleston, W 25311-1085 FOR Recommendation is approved and awards are enclosed for appropriate presentation.

FOR THE ADJUTANT GENERAL:

(DATE)

SUBJECT: Recommendation for West Virginia State Service Ribbon (WVSSR)

State of West Virginia Request individuals listed below be awarded the West Virginia State Service Ribbon IAW para lle, WVMR (Army), dtd 15 October 1990.

NAME (Last) (First) (MI)

RANK

SSAN

Dates for Which Recommended Reason Award ( ) 1st End Office of The Adjutant General, State of West Virginia, Charleston, WV 25311-1085 FOR Recommendation is approved and awards are enclosed for appropriate presentation.

FOR THE ADJUTANT GENERAL:

FOR GUIDANCE ONLY (Use Appropriate Letterhead)

SUBJECT: Recommendation for State Award TO: HQ, WVANG/CC TAG, WV (Attn: ESSO)

IN TURN

1. Under the provisions of WVMR (Air) 900-2, recommended (Grade, Full Name, SSAN, Unit for the award (Name of Award and Device, if any) for the period of (inclusive dates of award).

2. Individual distinguished himself/herself during the period indicated as shown on the attached description (Enclosure 1).

3. A citation to accompany the award is assed as Enclosure 2. (This statement is applicable only if the WV Mertorious Service Medal or the West Virginia Commendation Medal is being recommended *. )

4. It is desired that if the award is approved it be forwarded for presentation to (indicate CBPO of appropriate unit) no later than (Requested Presentation Date .. allow a minimum of 45 days).

(signature only - no"signed stamps")

Signature Block of Initiator 2 Attachments* 1. Narrative 2. Citation *NOTE - Use same narrative/citation format established for Federal decorations. - No citation is required when submitting a recommendation for the award of the West Virginia Achievement Ribbon.

Ind TO: Subsequent endorsements with appropriate comments must have signature element of the commander.

NUMBER 1

1. The Order of Precedence for West Virginia Awards and Decorations shall be as described below. West Virginia Awards and Decorations will be worn after or below those awarded by the United States of America and before or above all Foreign Decorations.

ORDER

OF PRECEDENCE

ABBREV

AUTHORITY TO ESTABLISH

Distinguished Service Medal WVDSM

Chapter 15, WVC 1939, 1988 West Virginia Legion of Merit WVLOM

Chapter 15, WVC 1988 Meritorious Service Medal WVMSM General Order #1, 5 Mar 70 superseded by Permanent Orders #2, 15 Oct 90 State Commendation Medal* WVSCM

Chapter 15, WVC 1965 Commendation Medal WVCM Permanent Order #3, 15 Oct 90 Achievement Ribbon WVAR Permanent Order #1, 1 Jul 83 superseded by Permanent Order #4, 15 Oct 90 Emergency Service Medal ** WVESM

Chapter 15, WVC 1965 Emergency Service Ribbon WVESR Permanent Order #5, 15 Oct 90 West Virginia State Service Ribbon WVSSR

Chapter 15, WVC 1961 superseded by Permanent 0-der #6, 15 Oct 90 West Virginia Service Medal ** WVSM

Chapter 15, WVC 1939 Service Ribbon WVSR Permanent Order #7, 15 Oct 90 West Virginia Army Guard Minuteman Ribbon *** WVAGMR VOCO, TAG-WV, 1 Sep 1976 National Guard Minuteman Ribbon WVNGMR Permanent Order #8, 15 Oct 90 Distinguished Unit Award w/streamers WVDUA Permanent Order #9, 15 Oct 90 * This Medal has been discontinued and is no longer authorized for issue. Individuals who have been awarded this medal previously may continue to wear both the medal and the ribbon in the order of precedence noted above. ** This award has been changed from a medal to a ribbon. Existing medals that are currently on hand in the Adjutant General's Department may continue to be issued to new recipients of this award until they are depleted.

Subsequently, only the ribbon will be issued. The ribbon is the same as the ribbon from which the former medal was suspended. Individuals who have been awarded this medal previously may continue to wear it in the order of precedence noted above. *** This award was previously authorized for issue to WVARNG personnel only. The name of the award has been changed from "Army Guard Minuteman Ribbon" to "National Guard Minuteman Ribbon". Accordingly, WVANG personnel are now eligible for this award. Accordingly, personnel who have previously been awarded this ribbon may continue to wear it in the same order of precedence noted above.

2. Authority: Chapter 15, West Virginia Code (WVC) and WVMR (Army) 672-5 and WVMR (Air) 900-2.

BY ORDER OF THE GOVERNOR:

Janet Stof NUMBER 2 1. An award to be known as the "WEST VIRGINIA MERITORIOUS SERVICE MEDAL" is hereby established. The West Virginia Meritorious Service Medal will be awarded to any civilian, member of the West Virginia National Guard or member of the Armed Forces of the United States who, on or after 15 October 1990 and while serving under competent authority shall distinguish himself/herself by heroism, meritorious achievement, or meritorious service.

2. Awards may be made for acts of heroism or service performed under circumstances which are of a lessor degree than required for the award of the West Virginia Legion of Merit.

3. Awards may be made to recognize single acts of merit or meritorious service rendered over a period of time. The achievement or service, while of a lessor degree than that required for the award of the West Virginia Legion of Merit, must nonetheless be of sufficient importance to merit significant recognition.

4. The West Virginia Meritorious Service Medal, as previously designed by the Military Awards Board, will be utilized and procured as determined by the Adjutant General, State of West Virginia.

5. This order supersedes General Order Number 1, dated 5 March 1970.

Just Skal Charleston,: WV 25311-1085 PERMANENT ORDERS October (ARNG/ANG - JOINT SERIES) NUMBER 3 1. An award to be known as the "WEST VIRGINIA COMMENDATION MEDAL" is hereby established. The West Virginia Commendation Medal will be awarded to any member of the West Virginia National Guard or civilian who on or after 15 October 1990 and while performing under competent authority, shall distinguish himself/herself by heroism, outstanding achievement or meritorious service to the West Virginia National Guard or to the State of West Virginia.

2. Awards may be made for acts of heroism or service which are of a lessor degree than required for the award of the West Virginia Meritorious Service Medal.

3. The West Virginia Commendation Medal will be designed by the Military Awards Board and procured as determined by the Adjutant General, State of West Virginia.

BY ORDER OF THE GOVERNOR:

Beschaff JOSEPH 3. SKAFF NUMBER 4 1. An award to be known as the "WEST VIRGINIA ACHIEVEMENT RIBBON" is hereby established. The West Virginia Achievement Ribbon will be awarded to any member of the West Virginia National Guard who, on or after 15 October 1990, shall distinguish himself/herself by significant achievement or service of sufficient importance to merit special recognition.

2. Awards may be made for acts or accomplishments that are of a lessor degree than those required for the award of the West Virginia Commendation Medal, yet exceed the criteria used for the award of certificates of achievement or letters of commendation.

3. The West Virginia Achievement Ribbon will be designed by the Military Awards Board and procured as determined by the Adjutant General, State of West Virginia.

Great NUMBER 5 1. An award to be known as the "WEST VIRGINIA EMERGENCY SERVICE RIBBON" is hereby established. The West Virginia Emergency Service Ribbon will be awarded to any member of the West Virginia National Guard who, on or after 15 October 1990 shall serve in the active military service of the State for a period of seven days or longer in the aid to civil authorities in upholding the law and preserving order, protecting lives and property, in the aid and relief of citizens in a disaster, or other similar service or duty ordered by the Governor, or who shall honorably serve for thirty days in the armed forces of the United States as a member of the National Guard of this State called or ordered to service therein by the President of the United States, shall, upon the recommendation of the West Virginia National Guard Awards Board and approval by the Adjutant General be awarded the West Virginia Emergency Service Ribbon.

2. The West Virginia Emergency Service Ribbon will be designed by the Military Awards Board and procured as determined by the Adjutant General, State of West Virginia.

Auch that NUMBER 6 1. An award, to be known as the "WEST VIRGINIA STATE SERVICE RIBBON", is hereby established. The West Virginia State Service Ribbon will be presented to all members of the National Guard who, on or after 15 October 1990 are ordered to active service of the state pursuant to Section 15, Article 1D-1, Military Code of West Virginia. Award of the West Virginia State Service Ribbon shall be made retroactively for all periods of duty in service to the State subsequent to 1 January 1956.

2. The West Virginia State Service Ribbon will be awarded only when an individual is ordered to active service of the state for an emergency or potential emergency. More than one call to active service for the same emergency shall be considered as only one call to state active service for the award of this ribbon.

3. This award has been changed from a medal to a ribbon.

Existing medals that are currently on hand in the Adjutant General's Department may continue to be issued to new recipients of this award until they are depleted. Subsequently only the ribbon will be issued. The ribbon is the same ribbon from which the former medal was suspended. Individuals who have been awarded this medal previously may continue to wear it.

4. The West Virginia State Service Ribbon will be designed by the Military Awards Board and procured as determined by the Adjutant General, State of West Virginia.

Josh hart NUMBER 7 1. An award, to be known as the "WEST VIRGINIA SERVICE RIBBON", is hereby established. The West Virginia Service Ribbon will be awarded to all officers and enlisted personnel and to all former officer and enlisted personnel of the West Virginia National Guard who, on or after 15 October 1990, have five years of honorable service in the West Virginia National Guard. For each succeeding five year period of honorable service there shall be awarded an oak leaf cluster as noted below:

a. Ten years service b. Fifteen years service c. Twenty years service - One bronze oak leaf cluster - Two bronze oak leaf clusters - Three bronze oak leaf clusters d. Twenty-five years service - Four bronze oak leaf clusters e. Thirty years service - One silver oak leaf cluster f. Thirty-five years service - One silver and one bronze oak leaf cluster g. Forty years service leaf clusters - One silver and two bronze oak 2. This award has been changed from a medal to a ribbon (same as) Previously "X" devices were awarded for succeeding 5 year periods.

3. The West Virginia Service Ribbon will be designed by the Military Awards Board and procured as determined by the Adjutant General, State of West Virginia.

Rough Skal JOSEPH Y. SKAPE NUMBER 8 1. An award, to be known as the "WEST VIRGINIA NATIONAL GUARD MINUTEMAN RIBBON" is hereby established. The West Virginia National Guard Minuteman Ribbon will be awarded to any person in the National Guard who, on or after 15 October 1990, is solely responsible for the enlistment of five individuals over any consecutive 180-day period. At least three of these individuals must be non-prior service.

2. The West Virginia National Guard Minuteman Ribbon will be designed by the Military Awards Board and procured as determined by the Adjutant General, State of West Virginia.

Brunch Het JOSEPH J. SKAFT Major General ,/WVARNG Charleston,: WV 25311-1085 NUMBER 9 1. An award to be known as the "WEST VIRGINIA DISTINGUISHED UNIT AWARD" is hereby established. The West Virginia Distinguished Unit Award will be awarded to units or organizations, not larger than squadron/battalion, which have distinguished themselves by exceptionally meritorious achievement of service in support of military operations, or by exceptionally meritorious achievement or service of great state or national significance, not involving combat operations against an enemy. Heroism may be involved but is not essential.

2. In all instances, the achievement or service must be of such a nature as to clearly set the unit or organization above and apart from similar units/organizations. Requirements for the award will parallel those established for the award of the West Virginia Meritorious Service Medal to an individual. Normally, among similar units/organizations, only one unit/organization will be awarded the West Virginia Distinguished Unit Award for participation in a specific activity or for a certain achievement or period of service. The West Virginia Distinguished Unit Award may also be awarded to any National Guard unit of the state serving in an active status with the Armed Forces of the United States.

3. The West Virginia Distinguished Unit Award will be designed by the Military Awards Board and procured as determined by the Adjutant General, State of West Virginia.

Gut Shof STATE OF THIS IS TO CERTIFY THAT THE ADJUTANT GENERAL HAS AWARDED THE WEST VIRGINIA ACHIEVEMENT RIBBON N-1 TO FOR GIVEN UNDER MY HAND IN THE CITY OF CHARLESTON THIS DAY OF

Series 74 Financial Administration - National Guard State Active Duty - Administrative Procedures

W. Va. Code R. § 141-74 Financial Administration - National Guard State Active Duty - Administrative Procedures

ADJUTANT GENERAL'S DEPARTMENT

CHARLESTON, WEST VIRGINIA 25311-1085

FILED

WV MILITARY REGULATION (Army)

NUMBER 37-27

WV MILITARY REGULATION (Air)

NUMBER 65-1

Series 74 Nov 3 10 02 AM '97 7 October 1997 OFFICE OF WEST VE CERIA SECRETARY OF STATE FINANCIAL ADMINISTRATION NATIONAL GUARD STATE ACTIVE DUTY-ADMINISTRATIVE PROCEDURES Summary. This regulation establishes command and staff responsibilities, policies and administrative procedures for financial administration while conducting operations in a State Active Duty status by members of the West Virginia National Guard. When used with the State of West Virginia Agency Purchasing Procedures Manual and State of West Virginia Travel Guide, it constitutes the West Virginia National Guard's Financial Administrative Program for State Active Duty.

Applicability. This regulation applies to all units and activities of the West Virginia Army National Guard and the West Virginia Air National Guard and their members when ordered to State Duty by the Adjutant General.

Interim changes. Interim changes to this regulation are official only if the Chief of Staff, West Virginia Army National Guard, authenticates them. Users will destroy interim changes on their expiration dates unless sooner superseded or rescinded.

Suggested improvements. The proponent office of this regulation is the Chief of Staff, WVARNG. Users are invited to send comments and suggested improvements on DA Form 2028 (Recommended Changes to Publications and Blank Forms) to CDR-STARC, ATTN: Chief of Staff, 1703 Coonskin Drive, Charleston, WV 25311. Air National Guard comments and suggested improvements will be forwarded through the appropriate Wing Commander and Headquarters, WVANG (ESSO) .

Management Control System: This regulation is subject to the requirements of AR 11-2.

Although it contains internal control provisions, it does not contain checklists for conducting internal control reviews. Commanders and STARC level staff must establish and evaluate management controls to ensure that both State and federal resources are properly utilized to support State Active Duty operations.

FOR THE GOVERNOR: allen C. Tacker ALLEN E. TACKETT Major General, WVARNG The Adjutant General DISTRIBUTION: "A" This regulation supersedes WVMR (Army) 37-27. (Air) 177-2, dated 5 March INDEX SUBJECT PARAGRAPH PAGE

Section I - Responsibilities

1.2

Section II - Payroll and Personnel Reporting

2.1 Automated Daily Active Duty Personnel Report

2.2 Payroll

2.3 Basic Allowance for Subsistence

2.4 Travel Authorization

2.5 Lodging

2.6 Allowance Limitations

2.7 Sick or Injured Personnel

2.8 Lost or Stolen Checks

2.9

Section III - Services and Local Purchases

3.1 Purchasing Procedures - State of WV Credit Card

3.2 Purchasing Procedures - AGO Form 60

3.3 Subsistence

3.4 POL

3.5 Services

3.6 USPFO Federal Reimbursements

3.7

Section 1, Responsibilities - State Active Duty

1.1 General:

a. The employment of WVNG forces will be determined by the Governor in coordination with The Adjutant General or for minor emergencies based on information provided by the West Virginia Office of Emergency Services.

b. This regulation delegates authority to obligate State funds, within the limitations herein, to the commanders of those elements of the WVNG called to State Duty by The Adjutant General.

1.2 Responsibilities:

a. Commanders are responsible for ensuring that only those purchases and services authorized by this regulation are obtained and that proper administrative action is taken to ensure accurate and timely transmittal of the daily Active Duty Personnel Report, weekly State Active Duty Payroll, Travel Reimbursement Claims, AGO Form 60 and receipts.

b. Unit and detachment State of West Virginia Ordering Officers are responsible for ensuring that all guidelines established by the State of West Virginia Agency Purchasing Procedures Manual are strictly complied with.

c. The Deputy Chief of Staff for Personnel (ARNG) is responsible for pay and allowances associated with State Active Duty.

d. The Deputy Chief of Staff for Operations (ARNG) is responsible for authorizing all services and local purchases and coordinating payment to vendors associated with State Active Duty.

e. The Deputy Chief of Staff for Logistics (ARNG) is responsible for establishing a Basic Daily Food Allowance (BDFA) based on operational requirements for each State Active Duty operation. .

f. The United States Property and Fiscal Officer is responsible for providing support for Class II, IV (limited), V and VII. See Chapter 4, Part I, USPFO-SOP for procedures.

Section II, Payroll and Personnel Reporting - State Active Duty

2.1 General:

a. Chapter 15 of the West Virginia Code directs that"[members] of the National Guard in active service of the State shall receive the same pay and allowances ... as are prescribed for the Armed Forces of the United States: Provided, That no member of the National Guard shall receive base pay of less than seventy-five dollars per day while ... in active service of the State."

This means members of the West Virginia National Guard receive the same pay and allowances in a State Active Duty status as during federal service, with a minimum base pay of seventy five dollars.

b. West Virginia Military Regulation (WVMR) (Army) 37-27 (Air) 65-1 implements the West Virginia Code relating to pay and allowances for State Active Duty. The Department of Defense Financial Management Regulation determines pay and allowances for members in a State Active Duty Status. State travel rules are used to determine travel pay authorizations.

2.2 Automated Daily Active Duty Personnel Report:

a. The automated daily State Active Duty Personnel Report, which has been provided to Army group and brigade headquarters and Headquarters, West Virginia Air National Guard, will be completed every duty day and forwarded either by e-mail or on 3.5 inch floppy disk to this headquarters, ATTN: WVAR-PA. The report is "user friendly" and prompts the user through the report process. In addition to the data base, the report's products at the Adjutant General's Department level include:

(1) Personnel Strength Reports: These reports are used to track our soldiers' missions and support fund expenditures by FEMA. These reports are used to support FEMA audits for reimbursement.

(2) State Active Duty Orders: State Active Duty orders are generated for each member who enters State Active Duty. Normally these orders are published at the end of the State Active Duty period and will be distributed electronically. There is no requirement to post these orders to individual Military Personnel Records Jackets (MPRJ) for Army personnel.

Headquarters, West Virginia Air National Guard is responsible for the publishing of Air Guard orders. State Active Duty orders are used to document technician law enforcement leave. Also, they have been requested by the technician union. Orders are not published until after the period of State Active Duty has ended. State Active Duty orders will be published and distributed by e-mail. State Active Duty orders will not be filed in the ARNG members""State"

file. For Air National Guard (ANG) members, a copy of all state active duty orders will be filed in the State Personnel Record (SPR).

(3) State Active Duty Award Orders:

(a) Army National Guard: State awards will be posted to the DA Form 2-1 by the records custodian. Orders announcing State Active Duty service awards are not required by WVMR 672-5 and will not be published. The records custodian will update SIDPERS awards information by submitting a roster of unit members receiving the award on a DA Form 4187.

Remember, these awards may have an impact on the individual's STPA score. Individual awards may be requested from the DCSPER.

(b) Air National Guard: Orders announcing State Active Duty awards will be published by Headquarters, West Virginia Air National Guard as necessary.

(4) Weekly State Active Duty Payroll: The weekly State Active Duty payroll is produced from the daily report.

(5) Travel Reimbursement Claims: The State Active Duty payroll program will not generate travel pay requests or claims. If a unit member has been unable to subsist in a government dining facility he or she may claim subsistence or travel reimbursement by filing a State of West Virginia Travel Expense Account Settlement. Personnel may be entitled to a subsistence allowance depending upon the situation. State of West Virginia Travel Rules for State Active Duty are published in Section V of this regulation.

(6) Government Meals: When determining if a unit member is authorized reimbursement for meals, remember that government meals are just that; government meals.

Meals that may be available by way of the a local feeding kitchen not under the control of the West Virginia National Guard are not government meals.

b. Reporting mission and purpose:

(1) When completing the unit's daily personnel report, enter the mission number issued by either the Emergency Operations Center (EOC) or from the headquarters in the "Mission"

section of the report. Ensure this is accurate since it is used by Federal Emergency Management Agency (FEMA) for audit purposes.

(2) Purpose for the operation will indicate what activity the operation is in support of. As an example, it may be either "Flood Recovery - March 1997" for units in the field supporting flood recovery operations or "Maintenance for Flood Recovery - March 1997" once we begin equipment maintenance after the recovery operation is completed. The entry for this field will be announced in a State Active Duty Personnel Bulletin.

2.3 Payroll:

a. Specific operating procedures for the personnel report program are issued separately.

Contact WVAR-PA for technical support regarding the program.

b. During extended periods of State Active Duty, pay periods are from Wednesday to Tuesday weekly, regardless of the first day of State Active Duty. Final personnel reports will be forwarded the last day of State Active Duty operations. Personnel may expect check payment ten days after the end of the pay period.

c. Process for payroll preparation:

(1) Battalion S1 or ANG unit commanders will print a roster listing all unit members ordered to State Active Duty. The roster will include the member's name, rank, PEBD, complete mailing address and marital status, with or without dependents.

(2) Personnel will review the information on the roster and sign it, verifying accuracy.

The unit commander will also review and sign the roster, to verify duty status.

(3) Changes to the SIDPERS data base must be submitted without delay to preclude checks being inaccurate or mailed to an incorrect address, since the State Active Duty payroll uses the SIDPERS data base. Air National Guard personnel must insure that the home address reflected in the Advanced Personnel Data System (APDS) is current for check mailing purposes.

(4) The Battalion S1 will complete the daily personnel report using the automated personnel report program and forward the report through command channels to AGD-WV, ATTN: WVAR-PA.

(5) Each headquarters receiving a daily report will consolidate subordinate unit reports and forward the consolidated report through the next headquarters to AGD-WV, ATTN:

WVAR-PA.

(6) Reports will be consolidated at AGD-WV and used to generate State Active Duty orders, personnel reports and the payroll.

(7) The payroll will be forwarded to the Governor's Budget Office NLT Thursday each week during extended State Active Duty operations for processing. Normally, the last State Active Duty payroll for a member will be processed upon receipt of the final daily personnel report on which the member appears.

(8) Payroll checks will be mailed from the State of West Virginia Treasury Office to the members' home of record shown in the personnel data base. If SIDPERS/APDS is not kept current pay checks will be mailed to a location other than the members' home of record. The importance of keeping the SIDPERS/APDS data base current cannot be over stated.

(9) Units will be provided a copy of the payroll document submitted to the Governor's Budget Office for payment by AGD-WV. It is the unit commander's responsibility to review the payroll document and ensure its accuracy. Errors detected in pay documents must be submitted to WVAR-PA.

2.4 Basic Allowance for Subsistence:

a. Commanders conducting State Active Duty operations may elect one or any combination of methods to provide subsistence. See Section III for subsistence options.

b. Basic Allowances for Subsistence (BAS) is computed in accordance with DOD Pay Manual.

c. Although the commander may utilize any combination of options to provide subsistence, no unit may be provided subsistence by more than one method per meal. As an example, if restaurant charges are authorzied for a unit, then BAS cannot be paid for that day.

d. Individual soldiers who are on duty in a location apart from the unit are entitled to travel expenses to include meals, if a travel order has been issued. See paragraph 2-2.

2.5 Travel Authorization:

a. Personnel performing duty away from the parent unit or detachment for periods greater than 12 hours are considered to be in a travel status.

b. Review State of West Virginia Travel Rules for documentation required and entitlements authorized. See Figure 1, State of West Virginia Travel Authorization. This is a three part State Form that cannot be reproduced locally. The commander of the operation may be the travel authorization authority. For travel involving the STARC Headquarters, the Chief of Staff serves as the travel authorization authority.

c. State of West Virginia Travel Expense Account Settlement voucher for State Active Duty will be submitted to TAG-WV, ATTN .: WVAR-PA for processing within seven working days of the completion of travel. (See Figure 2)

2.6 Lodging : See State of West Virginia Travel Rules.

2.7 Limitations: Limitations for allowances will be announced in State Active Duty Bulletins for each period of State Active Duty.

2.8 Sick or Injured Personnel - State Duty:

a. The primary source for medical support during SD operations is civilian medical facilities.

All personnel ordered to SD are covered by the West Virginia Worker's Compensation Fund (WC) which is a insurance policy provided by the State that covers all medical bills and disability for SD related injury.

b. Procedures for obtaining civilian medical treatment and/or disability payment for SD related injury are:

(1) Except in an emergency, personnel will request authorization from the unit before seeking civilian medical treatment.

(2) The individual injured or the unit commander's representative will complete and sign

Section I of WC Form 123 and have the attending physician complete and sign Section II of the same form. All hospitals and doctors' offices should have a supply of WC Form 123 on hand.

(3) The attending physician retains the gold copy.

(4) The commander or his representative signs between Section II and Ill of WC Form 123 acknowledging receipt. The injured individual retains the pink copy for his records to show receipt by the unit.

(5) The unit retains the yellow copy and forwards the white copy of WC Form 123 to TAG-WV, ATTN: WVAR-PA-LOD, as soon as possible.

(6) TAG-WV will complete Section III and forward to WC.

(7) If disability pay is due and has not been received within 14 days from the date WC Form 123 was acknowledged by the unit commander or his representative, the individual should inform the commander. The unit commander will notify TAG-WV, ATTN .: WAR-PA- LOD by telephone and follow-up letter that disability pay has not been received.

c. Itemized Invoice Form HCFA 1500 or UB92 for illness or injury incurred in state duty status will be forwarded to TAG-WV, ATTN: WVAR-PA-LOD. LOD will be processed in accordance with paragraph d(4), (5), (6), e and f.

d. Commanders will ensure:

(1) All personnel are aware of their responsibilities outlined above, by including information in Appendix A, NGR 40-501 in the commander's pre-operation briefing.

(2) WC Form 123, Sections I and II are completed expeditiously. If possible, a unit member will accompany the injured individual and initiate the form on the spot to preclude lost time in locating the attending physician.

(3) WC Form 123 is forwarded directly to TAG-WV, ATTN: WVAR-PA-LOD, as soon as possible. Forms should be received in most cases within 48 hours of unit being informed of injury.

(4) DA Forms 2173 (LOD) and 2823 (Sworn Statement) are initiated for any injury requiring civilian medical attention and forwarded through channels to TAG-WV, WVAR-PA- LOD.

(5) If disability payments are due and not received within 14 days, TAG-WV is notified by telephone, with a follow-up letter, ATTN: WVAR-PA-LOD.

(6) The injured/disabled member's progress is monitored and TAG-WV is notified in writing (ATTN: WVAR-PA-LOD) concerning any problems the member may have, if the member is fulfilling his responsibilities, and when the member is no longer disabled and/or eligible for WV paid treatment.

e. Military Medical Treatment. If aid is available from WVNG medical personnel, the commander will ensure that any injury which may require civilian medical attention is documented as required by para d(2) , (3) and (4) above.

f. Ambulance Service. Obtain original invoice and attach to AGO Form 60, stating individual's name and unit. Forward to TAG-WV, ATTN: WVAR-PA-LOD.

g. LOD Control Number: A line of duty (LOD) control number must be obtained for all injuries and illnesses resulting from State Active Duty. Just as in federal status, entitlement to medical care and allowances is determined by a line of duty investigation. Simply being in a duty status does not automatically entitle a soldier to medical care, pay and allowances.

2.9 Lost or Stolen State Pay Check:

a. Personnel will provide a Notarized Statement to TAG-WV, WVAR-PA-O in all instances regarding a lost or stolen check.

b. Minimum information required is payee SSN, date of check and amount if available and circumstances involving the loss.

c. WVAR-PA-O will notify the Governor's Office of the loss and request that a new check be issued to the individual(s) concerned.

Section III, Services and Local Purchases, State Active Duty

3.1 General:

a. Procurement of services and local purchases required to support State Active Duty will be accomplished in accordance with The State of West Virginia Agency Purchasing Procedures Manual. The Agency Purchasing Procedures Manual is for reference purposes only. It is not to be construed as a complete or final determination of any purchasing matter and may be amended or changed at any time at the discretion of the State of West Virginia Purchasing Director to ensure compliance with the laws, rules and policies of the Purchasing Division and the State of West Virginia.

b. The State of West Virginia Credit Card will be the primary method for processing services and completing local purchases to support State Active Duty when the cost of a single purchase does not exceed $500.

c. When a vendor does not accept The State of West Virginia Credit Card or the purchase exceeds $500, AGO Form 60 will be utilized for billing.

d. With the exception of the following services, when the cost of purchase is less than $500, each purchase requires prior approval of the DCSOPS or his representative, regardless of total purchase price.

(1) Subsistence (2) Routine Medical Services (3) POL (4) Repair Parts e. State tax exemption number 55-600-0780-001 will be furnished to each vendor by the purchasing unit so that State taxes will not be included in billing statement.

3.2 Purchasing Procedures - State of West Virginia Credit Card:

a. The State of West Virginia Credit Card will be utilized as the preferred method of payment for services and local purchases when the cost of a single purchase does not exceed $500.

b. The following services may be purchased by use of State of West Virginia Credit Card:

(1) Subsistence (2) Routine Medical Services (3) POL (4) Repair Parts (5) Construction Materials (6) Lodging (7) Mission Unique Items c. The Brigade, Group or Battalion S4/PBO or other designated full time unit logistical personnel will be trained and appointed by the West Virginia Purchasing Division, Department of Administration, as the State Active Duty Ordering Officer for the unit.

(1) Commanders will ensure that as Ordering Officers are transferred or otherwise depart their assigned unit, a new Ordering Officer will be trained and appointed.

(2) Commanders will coordinate training and appointment of Ordering Officers through TAG-WV, ATTN: WVAR-PO-P.

(3) Ordering Officers will comply with State of West Virginia Credit Card guidelines published by Purchasing Division, Department of Administration.

3.3 Purchasing Procedures - AGO Form 60:

a. AGO Form 60 will be utilized as the alternate method of payment for services and local purchases when the vendor will not accept State of West Virginia Credit Card, or the cost of a single purchase exceeds $500. ( See Figure 3)

b. Ordering Officers will ensure that the vendor submits the original receipt of a purchased item.

(1) The Auditor's Office, State of West Virginia, will not process or pay vendors submitting AGO Form 60 that does not include an original receipt.

(2) All signatures must be legible and completed in BLUE INK ONLY.

c. A Purchase Authority Number must be obtained from DCSOPS for all services and local purchases, with the exceptions noted in paragraph 3-1d.

d. If the vendor cannot provide an original itemized invoice or ticket, then the Ordering Officer will utilize AGO Form 60-1. (See Figure 4)

e. Ordering Officer will forward AGO Form 60 and supporting documentation to TAG-WV, ATTN: WVAR-PO-P, not later than seven working days from date of purchase.

3.4 Subsistence:

a. The primary method for providing subsistence is preparing Class A rations or providing Government provided meals such as Meals Ready to Eat (MRE).

(1) Total expenditure for meal preparation of Class A raw subsistence may not exceed the current Basic Daily Food Allowance (BDFA), without prior approval of the DCSLOG. The WVARNG 12 day menu will be used as a guide to assist in determining menu selection and quantity of food required for purchase.

(2) Arrangements will be made with the vendor to return any excess, non-perishable rations for credit.

(3) Personnel will not be charged for meals.

b. When operating mess facilities is not practical, commercially prepared meals provided by a restaurant may be authorized by the commander.

(1) The unit member must print their name, unit designation and provide their signature on the back of the original meal ticket for each meal consumed. Each period of ration or restaurant purchase must be accompanied by AGO Form 60, executed by the vendor and Ordering Officer if the vendor does not accept the State of West Virginia Credit Card.

(2) Each period of ration or restaurant purchase must be itemized on an original vendor invoice. If the vendor cannot provide an itemized invoice, then AGO Form 60-1 will be utilized and signed by the Ordering Officer making the purchase.

c. Billing period for restaurant or ration purchases will not be extended beyond seven days to facilitate prompt payment to vendors.

3.5 POL:

a. Procurement of POL will be accomplished in the following priority:

(1) State Department of Highway (SDH) Garages. State Department of Highways Credit Cards will be used for the purchase of fuel. The following agency number will be annotated on all SDG fuel purchase tickets: GL5400R (2) State of West Virginia Credit Card at commercial vending station. Print "STATE DUTY" and unit designation on the ticket.

(3) Bulk fuel purchases.

(4) Wright Express Credit Card. May be authorized in emergency situations only, based upon prior approval of the USPFO for West Virginia. Print"STATE DUTY" and unit designation on the ticket.

b. US Government Credit Card may be utilized for purchase of aviation fuel. Print"STATE DUTY" and unit designation on the ticket.

3.6 Services. Types of services normally authorized for State Active Duty:

a. Laundry/Dry Cleaning. Except for cook's whites and for specific types of SD where personnel are required to operate for extended periods away from their home station, laundry and dry cleaning expenses are the individual's responsibility. When the service is authorized, the bill must be itemized (individual tickets, itemized invoice or AGO Form 60-1) and attached to AGO Form 60 executed by vendor and receiver. (Figures 3 and 4)

b. Telephone.

(1) When using existing telephones, a log of SD calls (including date, person calling, party called, reason) will be maintained. Upon receipt of statement that includes these calls, line out all non-SD related entries on one copy, total SD calls and forward to TAG-WV, ATTN:

WVAR-PO-P. AGO Form 60 is not required for telephone billing.

(2) Additional telephones lines or cellular telephone service must be submitted to the DCSOPS for approval and be coordinated by the DOIM.

(3) Address all requests for additional telephone services and billing statements to:

TAG-WV, State Duty 1740 Coonskin Drive Charleston, WV 25311 (4) Request the installing telephone company provide an original and four copies of the billing statement and submit the original and three copies to TAG-WV, ATTN: WVAR-PO-P for payment.

c. Emergency Repair of Equipment and Repair Parts.

(1) Obtain original itemized invoice from vendor, identify on invoice item of equipment for which repair and/or part was required and submit with AGO Form 60 for payment to TAG-WV, ATTN: WVAR-PO-P.

3.7 USPFO Federal Reimbursement:

a. The USPFO for West Virginia will submit a request to the State of West Virginia for reimbursement to the federal government for all services and expenses incurred during periods of State Active Duty.

b. Separate invoices are required for fuel, turnpike fees and other charges which are reimbursable to the federal government. Substantiating documentation must be attached to support reimbursements being claimed.

c. Request for reimbursement will be forwarded to TAG-WV. ATTN: WVAR-PO-P.

DANNY VIAC

TRAVEL AUTHORIZATION

Original-Submitted for payment . Copy 1-Travel Management Office Copy 2-Spending Unit . Copy 3-Spending Unit WVTMP 1.0 Request # FY Request Date YR Traveler Traveler's Title Department Division

Section Contact Telephone Number Travel Category Site/Client visit Conference attendance Special mission Informational meeting Training attendance Candidate travel Speech/Presentation Recruiting Relocation Statement of Purpose Statement of Justification Requested By:

Traveler Signature & Printed Name Approved By:

Executive Officer Signature & Printed Name As Required:

Travel Management Office Signature & Printed Name Account Type(s):

General Revenue Special Revenue Federal Revenue Account Number(s):

TIME

CITY/STATE from to Direct Billed 1 Reimbursed Transportation Commercial Air Carrier 2 Charter Aircraft Rail Service Commercial Vehicle Rental 2 Personal Vehicle mi. @ Taxi/Ground Transportation Other Transportation Parking Registration Lodging $ per night Facility Name Meals Subtotal Estimated Expenses Estimated Costs (Complete all that Apply)

Total Days @ per day Registration Cash Advance Total 1. All direct billed expenses require the advance approval of the Travel Management Office.

2. State Contracted Travel Agency Must Be Used. 3. Board & Lodging Voucher Required TMO FIGURE 1 INTOIM LIL VIALINIA ------- STATE OF WEST VIRGINIA TRAVEL EXPENSE ACCOUNT SETTLEMENT e:

Title:

FIMS Vendor No:

Address:

Social Security No: - - City/State/Zip: Headquarters:

Normal Work Hours: to Department: Division:

Section:

Purpose of Travel:

DATE TIME

MANERACITYISTATE

IILES

PARAMOUNT

CAR RENTAL

EALS

LODGING

OTHER'

TOTAL?

From To TOTAL GENCY ACCOUNTING INFORMATION Less Cash Advance ( WVFIMS ID# Fund Area Org Object Sub Obj Amount Due Employee ) ☐ Due State Traveler must attach copies of direct billed receipts or invoices, i.e., airline, registration, lodging, etc.

OTHER EXPENSES

ITEMS

AMOUNT

EXPENSES DIRECT BILLED TO THE STATE

ITEM AND VENDOR

I certify that these costs incurred were in connection with my assigned duties, are true. accurate and actual, and do not reflect any costs of penses reimbursed or to be reimbursed from any other source Traveler's Signature Approval Supervisor/Department Head I certify that i have personally examined and approved this Travel Expense Account Settlement The terms of expense are reasonable and correspond to the assigned duties of the traveler The terms of expense further meet all State of West Virginia Travel Regulations and are within the budget of this spending unit Approval Agency Head/Designee FIGURE 2 FORM NO A.G.O. 60 VOUCHER NO TO:

FEIN Number:

DESCRIPTION OF ARTICLES OF WORK

DOLLARS

CENTS

TOTAL

The foregoing account and claim has been verified, and is hereby certified to be correct and just and that it has not heretofore been paid.

(VENDOR SIGNATURE)

(PRINTED NAME)

The foregoing account and claim has been verified, and is hereby certified to be correct and just and that it has not heretofore been paid. The articles or services were ordered for the use of the West Virginia Army National Guard.

SIGNATURE

SIGNATURE BLOCK:

APPROVED FOR PAYMENT:

NOTE: THIS IS NOT A RECEIPT FOR PAYMENT, BUT ACKNOWLEDGEMENT OF

THE AMOUNT DUE AND MUST BE SIGNED BY PAYEE.

AGO Form 60 (Revised 1. Aug 97)

Instructions For AGO Form 60 1. The top three lines will state the Vendor's Name and address or who the check is to be made out to.

2. State requires the vendor's FEIN number for their accounting system.

3. An itemized listing of supplies purchased will be placed in the "Description Of Articles Or Work" section of this form.

4. This form must be signed by a vendor's representative and by the Purchasing Agent of the National Guard.

5. State of West Virginia requires the original receipt of a purchased item. The Auditor's office will not pay an AGO Form 60 that does not have an original receipt. If an original receipt is not furnished this will delay the payment of an invoice until an original receipt can be obtained.

6. If there are any questions regarding the purchase or payment of this bill, they may call (304) 341-6413.

ITEMIZED INVOICE

(Vendor)

(Date)

Bill To:

The Adjutant General State of West Virginia 1740 Coonskin Drive Charleston, WV 25311 PURCHASING UNIT:

ITEM DESCRIPTION

UNIT

UNIT COST

QUANTITY

TOTAL COST

TOTAL

Received by:

(Signature)

AGO Form 60-1 (Revised 1 Aug 97)

ADJUTANT GENERAL'S DEPARTMENT

CHARLESTON, WV 25311-1085

WV MILITARY REGULATION (Army)

NUMBER 37-27

WV MILITARY REGULATION (Air)

NUMBER 177-2

Series 74 16 October 1992 FINANCIAL ADMINISTRATION NATIONAL GUARD STATE DUTY - ADMINISTRATIVE INSTRUCTIONS?

I OFFICE SECRETARY

GENERAL

OF II

PAYROLL - STATE DUTY

WEST

III SUBSISTENCE

IV SERVICES - LOCAL PURCHASES

OF V

TRAVEL - STATE DUTY

VIRGINIA STATE

VI POL - STATE DUTY

VII SICK OR INJURED PERSONNEL - STATE

DUTY

VIII

REPORTS

IX EARNINGS STATEMENT - STATE DUTY

PAY X

LOST OR STOLEN STATE DUTY PAY

CHECK

Nov 12 2 09 PM '92 FILED

SECTION I

GENERAL

1. Purpose. This publication prescribes the standard policies and procedures for processing records and reports of West Virginia National Guard (WVNG) personnel ordered to State Duty (SD) by The Adjutant General, State of West Virginia (TAG-WV).

2. Applicability. This publication applies to all elements of the West Virginia Army National Guard (WVARNG) and the West Virginia Air National Guard (WVANG) and their members when ordered to SD by TAG-WV.

3. Authorization. This publication delegates authority to obligate state funds, within the limitation herein, to the commanders of those elements of the WVNG called to SD by TAG-WV.

4. Responsibilities. Commanders are responsible that only those purchases and services authorized by this regulation are obtained and that proper administrative action is taken to ensure timely transmittal of appropriate reports, forms and receipts to TAG-WV, ATTN: WVAR-PO-P, to include, but not limited to:

a. SD Payroll - Section II.

b. SD Fuel Report - Section VI.

c. SD Purchases. Each purchase will include:

(1) AGO Form 60 (Fig 1).

(2) Itemized invoice or ticket. If vendor cannot provide itemized account, then unit will utilize AGO Form 60-1 (Fig 2).

d. After Action Report - Section VIII.

5. Class V Supply. Class V supplies required to Support the WVNG Civil Disturbance Plan (WVNG-CDP) will be controlled by the following references:

a. Basic Load. See Annex J to WVNG-CDP.

b. Administrative Instructions. See Chapter 4, Part F, USPFO-SOP.

6. Safety and Insurance Coverage.

a. Administrative. See WVMR 385-10 for safety standards and accident reporting.

b. WVNG members are covered by workers compensation while on SD.

SECTION II

PAYROLL - STATE DUTY

7. General. Entries shown herein apply to all SD payrolls.

8. Preparation. Payroll Form, AGO Form 2139 (Fig 3) will be prepared in duplicate; original forwarded to TAG- WV, ATTN: WVAR-PO-P, and one copy retained by unit for two (2) years. See Fig 4 for pay and allowance rates.

9. Guidelines for Payroll.

a. For extended periods of SD, payrolls will be initiated every seven (7) days to minimize turn-around time and inconvenience of the personnel activated.

b. Commanders are to scrutinize payrolls to ensure that the periods of duty properly support the number of days claimed.

This will require some judgement on the part of the commander. Generally, where sufficient relief is available to the commander, an individual will be called to duty for a period of eight (8) hours. Of course, shorter periods of duty qualify when properly authorized, such as delivery of a water trailer or a MEDEVAC. The short periods of duty that span two (2) calendar days are normally the ones in question. For example, an individual called to state active duty at 2000 hours and released at 0200 the next morning is only authorized one (1) day 's state active duty pay.

SECTION III SUBSISTENCE

10. General. The commander of a state duty operation may elect one or any combination of the methods below to provide subsistence. Restrictions for each are noted below:

a. Pay individual subsistence rate indicated in Fig 4. This option will be the normal method when personnel live within commuting distance and for one (1) day events such as moving water trailers. No prior approval from TAG-WV is required for this option.

b. Operate mess facilities. Obligating funds to purchase rations requires prior approval of TAG-WV. Total expenditures may not exceed the current Basic Daily Food Allowance without approval of TAG-WV. The Reserve Component 14-day menu will be used as a guide to assist in determination of menus and quantities of food required.

Arrangements will be made to return any excess, nonperishable, rations to vendor for credit on SD bill.

Personnel on SD will not be charged for meals.

c. Restaurant charges. Prior approval of TAG-WV is required for charging meals at a restaurant. Expenditures may not exceed $25.00 per day per individual.

d. Individual meal tickets will be consoldiated, totaled and transmitted with AGO Form 60 to TAG-WV ATTN: WVAR- PO-P. The face of the meal ticket will show type of meal and reverse side will show individual's name (Printed Legibly), signed, date, and unit of assignment.

e. Subsistence during travel on SD - See Section V.

11. Billing Instructions.

a. Although the commander may utilize any combination of the above options, no individual may be provided subsistence by more than one method per meal. Example: If restaurant charges are authorized for an individual for one meal, then subsistence rate cannot be paid to the individual for that day.

NOTE: "Period" in b and c below refers to billing period agreed to by the vendor and commander. For restaurant purchase, it may be each meal or days meals but will not extend beyond 7 days to facilitate prompt payment. This also holds true for ration purchases.

b. Each period of ration or restaurant purchase must be accompanied by AGO Form 60, executed by the vendor and commander or his representative (Fig 1).

c. Each period of ration or restaurant purchase must be itemized on an original vendor invoice. If the vendor cannot provide an itemized invoice, then AGO Form 60-1 (Figure 2) will be utilized and signed by the receiver making the purchase.

d. Invoices should be billed to:

TAG-WV, State Duty 1701 Coonskin Drive Charleston, WV 25311-1085 e. The unit will provide the vendor with state tax exemption number 55-600-0780-001 so the vendor can delete the state taxes from his invoice.

SECTION IV

SERVICES - LOCAL PURCHASES

12. General. No funds will be obligated for services without prior approval of TAG-WV or the designated representative. In addition, state tax exemption number 55-

600-0780-001 will be furnished to each vendor by the purchasing unit so that state taxes will not be included in statement.

13. Services. Types of services normally associated with SD:

a. Laundry/Dry Cleaning. Except for cook's whites and for specific types of SD where personnel are required to operate for extended periods away from their home station, laundry and dry cleaning expenses are the individual's responsibility. When the service is authorized, the bill must be itemized (individual tickets, itemized invoice or AGO Form 60-1) and attached AGO Form 60 executed by vendor and receiver (Figs 1 and 2).

b. Lodging.

(1) When commercial lodging is authorized by TAG-WV, receipts must include date(s) of lodging, room number and names(s) of personnel utilizing rooms. Forward statement with AGO Form 60 executed by vendor and receiver to TAG-WV, ATTN: WVAR-PO-P.

(2) Lodging while traveling on SD - See Section V.

c. Medical Treatment. See Section VII.

d. Telephone.

(1) When using existing telephones, a log of SD calls (including date, person calling, party called, reason) will be maintained. Upon receipt of statement that includes these calls, line out all non-SD related entries on one copy , total SD calls and forwards to TAG-WV, ATTN: WVAR-PO-P.

AGO Form 60 is not required for telephone bill.

(2) Additional telephones must be authorized by TAG-WV.

Have the statements addressed to:

TAG-WV, State Duty c/o (Unit installing phone)

(Address of Unit installing phone)

Request from the installing telephone company an original and 4 copies of its statement and submit original and 3 copies to TAG-WV, ATTN: WVAR-PO-P for payment.

e. Emergency Repair of Equipment and Repair Parts.

Obtain original itemized invoice from vendor, identify on invoice item of equipment for which repair and/or part was required and submit with AGO Form 60 for payment to this TAG-WV, ATTN: WVAR-PO-P.

SECTION V

TRAVEL - STATE DUTY

14. In-State Travel on State Duty. When an individual member is required to travel in conjunction with his/her period of duty, the member will submit an original and 4 copies of WV-6, In-State Travel Expense Account (Fig 5), with original paid room receipt(s), if applicable. 15 Limitations.

a. Cost claimed for meals will be limited to the actual cost and reimbursement will not exceed $25.00 per day ( See Fig 5, Instructions).

b. Lodging will not be charged to the State of West Virginia or The Adjutant General. Statement must be billed to individual submitting WV Form 6 (Fig 5).

SECTION VI

POL - STATE DUTY 16 Source. Sources of POL for SD will be sought in the following order:

a. State Department of Highways (SDH) garages. These will be utilized whenever possible. State Department of Highways credit cards will be used for the purchase of fuel.

b. National Credit Card (NCC). To be utilized in emergency situations only and must be authorized by the unit commander.

(1) Print "STATE DUTY" and unit designation (Example: "A/1092d") on ticket.

(2) The receiver will sign the ticket and enter social security number above signature. --c. Bulk fuel purchase. Bulk fuel purchases will be requested from TAG-WV.

17. Report POL.

a. SDH. Forward AGO Form 108 (Fig 6) with delivery tickets to TAG-WV, ATTN: WVAR-PO-P.

b. NCC. Forward AGO Form 108 (Fig 6) and delivery tickets to OUSPFO-WV and a copy of AGO Form 108 to TAG-WV, ATTN: WVAR-PO-P.

c. Reports in a and b above will be submitted for each period of SD operation and include event and location (Fig 6).

d. AVFUEL purchased with US Government Credit Cards will be reported using AGO Form 358-2R (Fig 7).

e. Forward 1 copy of AGO Form 358-2R to USPFO-WV and one copy to TAG-WV, ATTN: WVAR-PO-P.

f. The USPFO for West Virginia will submit to this office ATTN: WVAR-PO-P a request for reimbursement to the Federal Government for all expenses incurred during the state duty emergency. Separate invoices are required for fuel, turnpike fees and other charges which are reimbursable to the Federal Government. Substantiating documents must be attached to support reimbursements being claimed on each invoice.

SECTION VII

SICK OR INJURED PERSONNEL - STATE DUTY

18. General. The primary source for medical support during SD operations is civilian medical facilities. All personnel ordered to SD are covered by the West Virginia Workmen's Compensation Fund (WC) which is an insurance policy provided by the State that covers all medical bills and disability for SD related injury. 19 Procedures. . a. Procedure for obtaining civilian medical treatment and / or disability payment for SD related injury is:

(1) Except in an emergency, personnel will request authorization of the unit commander before seeking civilian medical treatment.

(2) The individual injured or the unit commander's representative will complete and sign Section I of WC Form 123 (Fig 8) and have the attending physician complete and sign

Section II of the same form. All hospitals and doctors' offices should have a supply of WC Form 123 on hand.

(3) The attending physician retains the gold copy.

(4) The commander or his representative signs between

Section II and III of WC Form 123 acknowledging receipt.

The injured individual retains the pink copy for his records to show receipt by the unit.

(5) The unit retains the yellow copy and forwards the white copy of WC Form 123 to TAG-WV, ATTN: WVAR-PO- P, as soon as possible.

(6) TAG-WV will complete Section III and forward to WC.

(7) If disability pay is due and not received within fourteen (14) days from the date receipt of WC Form 123 was acknowledged by unit commander or his representative, the individual should inform the commander who in turn will notify TAG-WV, ATTN: WVAR-PO-P by telephone and follow-up letter.

b. Itemized invoice(s) for illness incurred in state duty status and is determined to be in Line of Duty (LOD) will be forwarded to TAG-WV, ATTN: WVAR-PO-P. LOD will be processed in accordance with paragraph c(4),(5),(6),d, and e, below. (Authority WV Code 15-1B-18).

c. Commanders will ensure:

(1) That all personnel are aware of their responsibilities outlined above by posting WV Notice on unit bulletin board and by including above information in the commander's preoperation briefing. Copy of WV Notice may be obtained from this TAG-WV: WVAR-PO-P.

(2) That WC Form 123, Sections I and II are completed expeditiously. If possible, someone will accompany the injured individual and initiate the form on the spot to preclude lost time in locating the attending physician.

(3) The WC Form 123 is forwarded directly to TAG-WV, ATTN: WVAR-PO-P, as soon as possible. (Forms should be received in most cases within 48 hours of unit being informed of injury.)

(4) That DA Forms 2173 (LOD) and 2823 (Sworn Statement) are initiated for any injury requiring civilian medical attention and forwarded through channels to TAG-WV, ATTN: WVAR-PO-P.

(5) That, if disability payments are due and not received within 14 days, TAG-WV is notified by telephone, with a follow-up letter, ATTN: WVAR-PO-P.

(6) That the injured/disabled member's progress is monitored and TAG-WV is notified in writing (ATTN: WVAR- PO-P) concerning any problems the member may have,-if the member is fulfilling his responsibilities, and when the member is no longer disabled and/or eligible for WV paid treatment.

d. Military Medical Treatment. If aid is available from WVNG medical personnel, the commander will ensure that any injury which may require civilian medical attention is documented as required by para 19b(2), (3) and (4) above.

e. Ambulance Service. Obtain original invoice and attach to AGO Form 60 stating individual's name and unit.

Forward to TAG-WV, ATTN: WVAR-PO-P.

SECTION VIII

Reports 20. General. The following forms and reports are to be submitted to TAG-WV, ATTN: WVAR-PO-P, in conjunction with each SD event where applicable. Each SD event will require at least an After Action Report.

21. Reports SITUATION REPORT/FORM REQUIRED FORMAT REMARKS SD Event After Action Report Fig 9 or 10 See para 3, Section VIII SD Payroll AGO Form 2139 Fig 3

Section II SD Fuel AGO Form 108 Fig 6

Section VI SD Services AGO Form 60 Fig 1 Required for every commercially purchased service except telephone Section I AGO Form 60-1 Fig 2 This is required if vendor cannot supply itemized statement Sec I, para 4 Medical Treatment:

Military DA Form 2173 & DA Form 2823 If LOD is required Sec VII Civilian DA Form 2173, DA Form 2823 and WC Form 123 Fig 8 LOD is required for every incident which may involve Workmen's Compensation Sec VII Emergency Medical Evacuation per WVNG MEDEVAC PLAN See para 4, MEDEVAC Plan plus AGO Form 108 (copy)

Fig 6 See para 16-17, Sec VI AGO Form 358-2R Fig 7 and AGO Form 2139 Fig 3 22. After Action Report. The format in Fig 9 is the minimum information required for every SD event, except MEDEVAC events, involving 25 or less personnel per day and not involving hazardous materials or terrorists activities. For SD events larger than 25 personnel per day involving hazardous materials or terrorist activity, use format in Fig 10.

23. Emergency Medical Evacuations. In addition to the certificates/forms found at enclosure 1 through 4 WVNG MEDEVAC PLAN, dtd 1 August 1992. MEDEVAC Event Reports will be forwarded to TAG-WV, ATTN: WVAR- PO-P and will include:

a. Log of activities, flight times, mandays (divided into SD and IDT status), reason for flight (Example: emergency evacuation of premature infant), and repair parts.

b. SD payroll on AGO Form 2139 (Fig 3).

c. Copy of AGO Form 358-2R (Fuel Report) that is forwarded to OUSPFO-WV if federal fuel sources are used or AGO Form 108 and delivery tickets if state sources are used (Fig 7).

24. Other Use of Aviation Assets. If WVNG aviation assets are used on SD, the aviation commander will include a log to the After Action Report or as a separate report and ensure that the fuel report is forwarded per paragraph 17, Section VI.

SECTION IX

EARNINGS STATEMENT - STATE DUTY PAY

25. The unit commander of personnel who have been paid for SD is responsible for furnishing those personnel a yearly earnings statement to include all state pay received annually.

A paid copy of each unit's SD payroll is furnished the commander for this purpose. The sample format below will be used for this purpose with only the basic pay and specialty pay reported. Quarters allowance and subsistence are not taxable income.

(Unit)

(Date)

SUBJECT: Annual State Earnings Statement 19 (Individual Concerned)

Paid copies of State Duty Payrolls on file in this unit verify the following:

State Duty received 1 Jan_thru 31 Dec _: $ (Commander's Signature)

SECTION X ☒ Lost or Stolen State Pay Check 26. Precedures a. The unit commander will notify TAG-WV, ATTN: WVAR-PO-P in all instances regarding a lost or stolen state duty check. Minimum information required is payee, date of check, check serial number, amount of check and circumstances involving the loss.

b. TAG-WV will notify the Governor's Office of the loss and request that a new check be issued to the individual(s) concerned.

FOR THE GOVERNOR:

Que Haff JJOSE H J.SKAFF Major General, WVARNG The Adjutant General DISTRIBUTION:

"A"

Figures: 1 -- AGO Form 60 (Voucher) 2 -- AGO Form 60-1 (Itemized Invoice) 3 -- AGO Form 2139 (Payroll Form) 4 -- State Duty Pay and Allowances Chart 5 -- In-State Expenses Account (Form WV-6) 6 -- POL Purchases Samples (AGO Form 108) 7 -- AGO Form 358-2R (Monthly Report of Petroleum Usage) 8 -- WC Form 123 (Workmen's Compensation Report) 9 -- Sample After Action Report for Minor Events 10 -- Sample After Action Report for Major Events EXAMPLE .... ... . .. .. ..

KROGER CO #541

Voucher No.

TO.

170 BLUEWELL STATION

BLUEFIELD, WV 24701 ... 92

DESCRIPTION OF ARTICLES OR WORK

DOLLARS

CENTS

OCT Food purchase for HHT. 1st Sadn. 150th AC 74.

AGO Form 60-1 and original copies of invoices attached.

This sample illustrates food purchased for one day. Figure 5 - AGO Form 60-1 illustrates itemized purchase, which must be attached.

TOTAL : 74.

The foregoing account and claim has been verified, and is hereby certified to be correct and just and that it has not heretofore been paid.

(Vendor Signature)

(PAYEE)

T.B. Grocer - Manager The foregoing account and claim has been verified and is hereby certified to be correct and just and that it has not heretofore been paid. The articles or services were ordered for the use of HHT, Ist Sqdn, 150th AC West Virginia National Guard.

James L. Jones CPT, AR, WVARNG W. V. N. G Commanding APPROVED FOR PAYMENT:

THE ANJUTANT GENERAL

NOTE: THIS IS NOT A RECEIPT FOR PAYMENT. DUT ACKNOWLEDGMENT OF THE AMOUNT DUE AND MUST DE BIONED DY PAYEE

EXAMPLE

ITEMIZED INVOICE

Kroger #541 170 Patterson Drive Morgantown, WV 26505 (Vendor) 31 October 1992 (Date)

BILL TO: The Adjutant General State of West Virginia 1703 Coonskin Drive Charleston, W 25311 PURCHASING UNIT:

HHT, Ist Sqdn, 150th AC. Bluefield. WV ITEM DESCRIPTION UNIT UNIT COST QUANTITY TOTAL COST APPLES. 100CT CASE

11.85

11.88 GREEN PEPPERS

PKGS .79

3.16 TOMATO SAUCE

EA .53

3.18 TOMATO PASTE

EA .70

4.30 SAUSAGE

LB

1.29 10 $

12.90 PORK CHOPS

LB

1.89 ₺ 10

18.90 LETTUCE

HD . 59

5.90 COOKING OIL, GAL

EA

6.13

12.26 SUGAR 10# BAG

EA

2.05

2.05 Total

74.43 Received by :

Matem Q Strwant (Signature)

SFC John Q. Stewart AGO Form 60-1 (Revised 19 JUN 76) *** NOTE: Print Legibly or Type this Document NOTE: Preparation Instruction - AGO Form 2139 1. List personnel on the payroll alphabetically by rank.

Federal and State Income taxes are not withheld from state duty pay. Therefore, personnel single with no dependents must enter "S-O" to ensure that the correct quarters allowance is used.

2. JOHNSON - Individual is married, entitled to special flight pay, basic, quarters with dependents and subsistence.

(Subsistence was not provided at no cost to individual by other sources and a claim for reimbursement is not being submitted on Form W-6.)

3. JONES - Individual was not on duty for the full pay period. Indicate the dates when the tour of duty is different from the inclusive dates of the payroll. The individual entitled to basic pay and quarters allowance (married with dependents). Subsistence was provided at no cost to the individual. (Do not claim the daily subsistence rate in the subsistence column.

4. PAUL - Individual is entitled to quarters with dependents (Legal dependent child) (S-1), and entitled to full pay and allowance for the full pay period.

5. SMITH - Individual was on duty 6 days with entitlement to basic pay and quarters allowance. Quarters was authorized at the rate without dependents for 31 Oct - 5 Nov 91.

On 6 November 1991 the individual was entitled to full pay and allowance (basic pay, quarters w/o dependents and subsistence).

6. When an individual has been authorized to purchase all meals, the cost may not be entered on the payroll, but must be claimed on Form WV-6. Make no entries in the subsistence column.

7. When subsistence is provided by local contract, unit preparation, any volunteer agency, or if reimbursement is claimed on Form WV-6, the daily subsistence rate CAN- NOT BE CLAIMED ON THE PAYROLL.

8. The total number of days will be reflected in the sub-total column at the bottom of each page with the grand total of all days reflected on the last page of the payroll.

9. The total pay due on each page will be reflected in the subtotal at the bottom of each page and the grand total for all pages entered on the last page of the payroll.

10. ENSURE ALL PAY AND ALLOWANCES ARE

TAKEN FROM THE CURRENT PAY RATE SCALE.

11. All payrolls will be forwarded through the unit's major headquarters. Major headquarters will check for accuracy prior to submitting the payroll to TAG-WV, ATTN: WVAR- PO-P for payment.

FORM WV-6, PREPARATION INSTRUCTIONS CON-

TINUED

WEST VIRGINIA NATIONAL GUARD

PURPOSE: STATE EMERGENCY FIREFIGHTING DUTY - FALL 1991

INCLUSIVE DUTY DATES:

31 OCT - 6 NOV 91

BLUEWELL RURAL

STATION

CHECK MAILING ADDRESS

BLUEFIELD, WV 24701-9999

Check No.

Name and SSAN Nbr. Deps Pay Gr Lgth Svc Incl Dates of Dty if Diff than above Daily Rates of Pay Total Days 'Total Due Spec Basic Qtrs Subs Total NExi - JOHNSON, PAUL L. 274-62-1991 M-1 CW3

1.4

21.67

79.19

16.84

9.20

126.90

888.30 JONES, John E. 227-92-4441 M-2 E-8 31 Oct - 3 Nov --

70.26

16.25 -

86.51

346.04 PAUL, STEVE L. 001-82-1972

S-1 E-7 1 1 16 ==

62.40

15.10

9.20

86.70

606.90 SMITH, JAMES J. 222-88-0001

S-0 E-4 31 Oct - 5 Nov --

7.62 -

47.62

285.72 6 Nov - 6 Nov --

7.62

9.20

56.82

56.82 SUBTOTAL

342.54 EXAMPLE

SEE ATTACHED SHEET FOR INSTRUCTIONS

Frama Jones JAMES L. JONES CPT, CE, WVARNG Camnanding SUBTOTAL:

GRAND TOTAL: 2,183.78 2,183.78

(Last page only)

SECTION 43, ARTICLE 1, CHAPTER 15, CODE OF WEST VIRGINIA APPLIES

AGO FORM 2139 (25 Feb 87)

Supers AGO Form 2139 dtd 14 Feb 73 FIGURE 3 UNIT:

HHT 1st SQDN 150th AC STATE ACTIVE DUTY PAY RATES EFFECTIVE 1 JANUARY 1992 PAY UNDER OVER SCALE 0-8

171.72

176.87

181.06

181.06

181.06

194.55

194.55

203.75

203.75

212.23

221.45

229.94

235.61 0-7

142.68

152.38

152.38

152.38

159.22

159.22

168.45

168.45

176.87

194.55

207.94 0-6

105.76

116.19

128.01

148.25

155.82

159.22

168.45

182.69 6-5

84.58

99.31

106.18

106.18

106.18

106.18

109.39

115.28

123.01

132.22

139.79

144.03

149.06 0-4

71.29

86.82

92.61

92.61

94.33

98.49

105.21

111.12

116.19

121.29

124.64 0-3

66.25

74.08

79.19

87.62

91.81

95.10

100.25

105.21

107.79

57.77 0-2

75.81

78.35

79.98 0-1

50.16

52.21 0-3E

87.62

91.81

95.10

100.25

105.21

109.39 0-2E

78.35

79.98

82.52

86.82

90.14

92.61 0-1E

67.41

69.89

72.42

74.94

78.35 W-4

67.50

72.42

72.42

74.08

77.44

80.86

84.25

90.14

94.33

97.64

100.25

103.49

106.95

115.28 W-3

61.35

66.55

66.55

67.41

68.19

73.18

77.44

79.98

82.52

84.98

87.62

91.03

94.33

97.64 ₩-2

53.73

58.13

58.13

59.83

66.55

69.07

71.61

74.08

76.68

79.19

81.69

84.98 W-1

44.76

51.33

51.33

55.61

58.13

60.63

65.70

68.19

70.73

73.18

75.81 E-9

78.53

80.29

82.11

83.99

85.87

87.54

92.13

101.09 E-8

65.85

67.73

69.52

71.32

73.21

74.89

76.73

81.23

90.28 E-7

45.97

49.63

51.47

53.27

55.08

56.84

58.66

60.49

63.23

65.02

66.83

67.70

72.24

81.23 E-6

43.11

44.91

46.82

48.57

50.32

52.17

54.86

56.58

58.41

59.30 E-5

41.34

44.06

45.85

47.67

49.42

50.32 E-4

40.54 E-3

E-2 E-1

BAQ W/D

WO/D

BAQ W/D

WO/D

BAQ W/D

WO/D 0-8

28.27 22.98 0-3E

19.24

16.28 :

E-9

18.37

13.94 0-7

28.27 22.98 0-2E

17.36

13.84 E-8

16.93

12.81 0-6

25.47 21.08 0-1E

16.04

11.90 :

E-7

15.73

10.93 0-5

24.54 20.30 E-6

14.54

9.89 0-4

21.64 18.81 W-4

19.14

16.97 :

E-5

13.07

9.12 0-3

17.91 15.08 W-3

17.55

14.26 :

E-4

11.37

7.94 0-2

15.29 11.96 W-2

16.14

12.66 :

E-3

10.58

7.79 0-1

13.66 10.07 W-1

13.96

10.61 1 E-2

10.07

6.34 E-1

10.07

5.63 SUBSISTENCE RATE: 9.59 per day when subsistence not furnished or otherwise paid.

FORM WV-6, PREPARATION INSTRUCTIONS CONTINUED

1. When authorization has been given to travel by personal car in connection with State Duty, mileage will be paid at the rate of twenty-three cents ($0.23) per mile.

2. Meal allowance cost will be limited to twenty-five dollars ($25.00) for each full day of travel. Authorized rates are:

Breakfast $5.00, Lunch $5.00, and Dinner $15.00.

Meals are authorized based on the following:

DAY OF DEPARTURE. IF DEPARTURE IS:

DAY OF RETURN. IF RETURN IS:

Prior to 0700 - full allowance Prior to 0700 - no meal allowance Prior to 1200 - lunch and dinner Prior to 1200 - breakfast only Prior to 1800 - Dinner only Prior to 1800 - breakfast and lunch After 1800 - full allowance 3. Enter one of the following statements on Form WV-6:

a. To claim subsistence for the full day ($25.00).

"I certify that I departed my official headquarters more than 2 hours prior to the starting time of the normal duty hours and I returned to my official headquarters more than 2 hours after the end of the normal duty hours."

b. To claim subsistence for a partial day (1 Meal).

"I certify that I was away from my official headquarters and was on duty more than 2 hours in excess of the normal duty day."

4. Attach the original copies of all receipts.

If overnight lodging is involved with the travel and is being billed separate from this claim, enter the following statement.

"Lodging for this period is being billed separately on a state purchase voucher." (Attach a copy of the voucher).

5. OTHER EXPENSES.

All items claimed as other expenses must be identified and receipts must be obtained whenever possible.

Ensure the form is signed by the commander and individual submitting the request for reimbursement for personal expenses.

IN-STATE TRAVEL EXPENSE ACCOUNT.

Name:

"\MES. JOSEPH I

Title:

MSG Account No .:

WV-6 (10-81)

Official Headquarters: HHT, Ist Sqnd, 150th AC, Bluefield, WV 24701-9999 of Transportation:

XPersonal Auto Commercial Airline State Auto License No.

(NOTE - PA if authorized and Military Vehicle not available

Purpose of Travel:

Example: State Emergency Fire Fighting Duty - Fall 1991 From To Mile- .00 Amount Hotel Meals .

Other Expense Total (1) CHARLESTON - CLARKSBURG (2)

(3)

(4)

(5)

(6)

(7)

4. Nov

14.20

75.17 DATE OF EXPENSE/ACTIVITY

H (1) Departed from - to Destination F (2) Total miles (3) Total cost for mileage 5 (4) Hotel cost - must have: F (a) Persons name, room number, number of persons to room, date of use on invoice (b) Statement will be made out to the individual and not. to State of WV. ₹ (3) Meals - Receipts will show on front of receipt type of meal e.g, breakfast, lunch, or dinner. On reverse side individual will sign, date and enter unit of assignment. 5 (6) Turnpike Fees. Receipts will have individuals name, date, and unit of assignment. 5 (7) Daily total per entry.

Additional instructions: Paragraph 13b.

WVMR 37-27. dtd 18 For84.

EXAMPLE

NOTE: WV-6 is a 5 part set. DO NOT SEPARATE.

SUBMIT ALL 5 COPIES.

(SEE CONTINUATION SHEET ATTACHED)

TOTALS $7574 ay that the costs incurred were in connection with, my assigned duties. are true and acautthe end of not invelve any coste or expenses incurred er paid by anyone else ar reimbursed frem eny expos source. (signature of claimant )

Joseph & James Employey I certify that i have personally examined this statement. The kems of expense herein agres with reports of wort performed, and the amounts charged are net excessive The mode of transportation was necessary and the most direct and practical route usdd.

(Signature of commander)

Johne Smith CPT CE, Chief of Division, er Section FIGURE 5 GASOLINE, DIESEL, AND AVIATION FUELS REPORT (ALL SOURCES EXCEPT BULK).

Jnit/Activity Report Period thru Day Mo Yr Day Mo Yr State Duty Report Fuel a Source Del Tkt # Purch Date Type b Fuel Quy Gal Total Cost Purp c of Fuel IDT d AT d Individual Signing Delivery Ticket a SOURCE b - FUEL TYPE c - PURPOSE OF FUEL SDR - State Dept of Highways NCC - National Credit Cards AFI - AVFuel Identiplate 2 - Diesel Fuel #2 A - Administrative 1 - Diesel Fuel #1 R - Recruiting U - Unleaded Gasoline T - Training L - Leaded Gasoline d - Indicate whether AT or IDT use Signature of Unit/Det/Activity CDR AGO Form 108 . (Revised 1 Jul 81)

FIGURE 6

(Replaces AGO Fm 108 dtd 1 Jan 78 which will not be used)

Monthly/Annual Ing Report MONTHLY REPORT OF PETROLEUM USAGE US GOVERNMENT CREDIT CARD & AVFUEL IDENTAPLATE PURCHASES COMMAND CODE REGULAR UNLEADED DF-2 JP-4 AVGAS JET-A REPORTING PERIOD:

UNIT/ACTIVITY

SIGNATURE

MONTH OF : [as of 25th of month]

West Virginia WORKMEN'S COMPENSATION FUND - REPORT OF OCCUPATIONAL INJURY - This ferm has three (3) sections. Please follow Steps 1 . 5 to insure prompt reporting of the injury to the Workmen's Compensation Fund.

Step 1 . INJURED WORKER: Complete Section I and deliver all copies of the form intact to your attending physician.

Step 2 . PHYSICIAN: Complete Section II and tear off the gold copy for your records. Return the remaining copies to the injured worker.

Step 3 - INJURED WORKER: After your physician has completed Section it and returned the form to you, deliver the form to your employer and have your employer acknowledge receipt of Sections I and il and tear off the pink copy for your records.

Step 4 . EMPLOYER: Acknowledge receipt of Sections I and It and be sure the claimant has the pink copy for his/her records. Complete Section 111. tear off the yellow copy for your records and forward the white original to the Workmen's Compensation Fund, P.O. Box 3151, Charleston, West Virginia 25332, within 5 days as required by law.

Step 5 . INJURED WORKER: If you have not heard from the Commissioner within 14 days of the date you gave the form to your employer, You should send your copy to the Workmen's Compensation Fund at the address given in Step 4.

WC-123 Rev. 2-4-81

SECTION 1 . . . TO BE COMPLETED BY THE INJURED WORKER (Please print with a ball-point pen or type)

1. Claimant's Full Name 3. Date & Time of Injury (AM PM 2. Claimant's Social Security No.

2. Claimant's Telephone Number 4. Claimant's Address (Street or PO Box)

City State Zip Code 6. Date of Birth 1 1 day year 7. Male ☐ Female ☐ 8. Marital Status 9. County in Which You Live 10. Occupation 11. Time You Began Work on the Day You Were Injured (AM ☐ ☐ PM 13. Date You Returned to Work vear 16. Name & Address of Doctor/Hospital Where You Were First Treated 17. Describe Exact Nature of Injury and Specific Part(s) of Body Affected:

18. How Did Injury Occur? (Be specific - - describe the events and objects involved.)

19. Business Name & Address of Employer HHT, Ist Sqdn, 150th AC Bluefield, WV 24701 FOR OFFICIAL USE ONLY ICDA NATURE TYPE AGENT 20. Did Injury Occur on Employer's Property? Yes If No, Where?

20. What Was Your Daily Rate of Pay on the Date You Were Injured? ☒ COUNTY BODY 22. List Name(s) of Witnesstes) (if any) to Your Accident.

21. Are You Presently Receiving Workmen's Compensation Benefits? Yes ☐ ☐ If yes. give claim number (s).

22. I certify the above statements are true and correct. By signing this application, I authorize the West Virginia Workmen's Compensation Fund to examine any med. ical, hospital or other records pertaining to this injury and any condition for which I have previously received medical attention; and, I acknowledge the provisions of Code 23-4-7 providing authorization for release of medical information by a physician to my employer or employer representative.

Claimant's Signature

SECTION II . . . TO BE COMPLETED BY THE ATTENDING PHYSICIAN (Please print with e ball-point pen or type)

Physician's Name and Address 2. Physician's ,Telephone No.

3. Physician's FEIN 5. Diagnosis Code (ICDAI and Description:

4. Type of Claim Occupational Occupational Disease Non-Occupational Condition Injury 6. Typeof Injury (fracture, burn, etc.) and Specific Part of Body Injured/Affected 7. Is Condition Result of Occupational Injury or Disease?

Yes 8. Date Claimant Stopped Work Due to Injury 9. Date of First Treatment 10. Anticipated Period 01 LAIssoIIty ( Do not answer undetermined, indefinite or unknown )

Less than 4 days 2 weeks 4 weeks 2 months 1 week 3 weeks 6 weeks 3 months or more Month 12. Will Claimant Need Physical or Vocational Rehabilitation?

Yes 13. Does the Claimant Have A Chronic Disease Which, In Your Opinion, May Retard Recovery From This Injury? YesiNoLi If yes, explain:

14. Did the Claimant, To Your Knowledge, Have Any Dissbility Before this Injury Occurred? Yes ☐ ☐ If yes, please explain:

15. Was Claimant Referred To You By Another Physician? Yes ☐ No ☐ If yes, give name and address of physician 16. Have You Referred Claimant To Another Physician? Yes ☐ No ☐ If yes, give name and address of physician 17. Was Claimant Hospitalized Due to This Injury? Yes ☐ No ☐ If yes, give name and address of hospital 18. I certify the information provided in Section I! is, to the best of my knowledge, true and correct.

Physician's Signature 1. Employer's Name & Address 2. Name & Address of Operation ☒ Where Accident Occurred 3. County Where Accident Occurred 5. Risk No. Class No. Phone No THIS SECTION COMPLETED B TAG-WV ONLY 4. Employer's FEIN 6. Please Provide the Following Wage Information For the Injured Employee Daily Rate of Pay 365 Days Prior to Date of Injury 60 Days Prior to Date of Injury 180 Days Prior to Date of Injury 8. Do You Have Any Reason to Question This Injury? Yes If Yes, Explain.

7. Do You Disagree With Any of the Information Provided in Section |?

Yes If yes, please explain specifically, indicating the infor mation with which you disagree 9. Is Employee Owner or Part Owner of Business? Yes ☐ NO ☐ If Yes, Do You Include His/Her Wages On Your Quarterly Payroll Report? Yes ☐ NO ☐ 10. How Long Would You Estimate the Employee Will Be Off From Work Due To This Injury? ☐ No Lost Time ☐ Less than 4 days ☐ week Dne Employee Returned to Work mo 1 day 1 vì 11. I certify the information provided in Section IIt is, to the best of my knowledge, true and correct. Tthwww Auktionmurt Title , 12. Date & Time You Stopped Work Due to This Injury PM (AM } 14. Date You First Went to Doctor/Hospital 15 Are You Still Under . Doctor's Care?

Yes OCCUPATION SOURCE FISK 11. Date Claimant Was (Will Be)

Able to Return to Work Employer please sign here as acknowledgement of receipt of Sections I and il.

SECTION 111 . . . TO BE COMPLETED BY THE EMPLOYER (Please print with a bell-point pen of type)

Questions? Call our toll-free line 1-800-642-9091 SAMPLE AFTER ACTION REPORT FOR MINOR EMERGENCY MISSIONS (UNIT HEADING)

(DATE)

SUBJECT: AFTER ACTION REPORT, (EVENT TITLE), (INCLUSIVE DATES)

The Adjutant General - West Virginia 1701 Coonskin Drive Charleston, West Virginia 25311-1085 MISSION: (SD event, such as, "Search and Rescue" or "Water Trailer")

DATE(S): Effective (date-time put on SD) Completed (date-time mission completed)

LOCATION: City of Hacker Valley, County of Webster NUMBER of TROOPS: ARNG 3 ANG MANDAYS USED:

EQUIPMENT USED: 1 UH-1 Helicpoter Flying Hours:

Cost: Fuel $270.00 Parts: 0 (Note: Separate aircraft costs and flying hours from other equipment costs).

APPROXIMATE COST: $924.56

(Note: Include all costs related to SD event)

COMMENT: Search and rescue operation for 7-year old child in the vicinity of Holley River State Park. child located safe and well.

(SIGNATURE BLOCK OF COMMANDER)

NOTE: This format is for use in minor scale emergency reports that do not involve more than twenty-five (25) personnel per day, do not involve hazardous material accidents, or terrorist activities. See Fig 10 for expanded format.

SUBJECT: After Action Report (RCS-98) (Event, County, WV) (Inclusive Dates)

TAG-WV 1701 Coonskin Drive Charleston, West Virginia 25311-1085 1. GENERAL:

a. Type Emergency: (Note: Include location by city, county and state)

b. Inclusive Dates: (Note: Use time-date group)

c. Scope of Emergency. (Note: Indicate percentage of total unit or organization called to state active duty.)

2. Operations.

a. Strength. (Note: WVARNG and/or WVANG strength of called forces will be reported for each day of duty. The report will be in columnar form as follows:)

ORG/UNIT

SVC OFF

WO EP

AGG STATUS

TOTALS

b. Operations Summary. (Note: Chronology of significant events in phases as follows:)

(1) Planning/Alert (2) Execution (3) Post Operations c. Communications.

d. Training. (Note: Evaluation of the effectiveness of training conducted prior to the occurence of this incident.)

3. ADMINISTRATION.

a. Public Affairs.

b. Special Services.

c. Morale and Discipline.

d. Casualties.

4. LOGISITCS/EQUIPMENT.

(Special equipment and supplies used and source of issue.)

5. COSTS.

(Total costs of subsistence, personnel pay, and medical treatment.)

6. PROBLEMS.

a. Personnel b. Intelligence c. Operations d. Organization e. Training f. Logistics g. Communications h. Material i. Other 7. LESSONS LEARNED (Include any special organization and new tactics developed.)

8. RECOMMEDNATIONS

Encl Gasoline & Diesel Report

Series 76 Financial Administration - mileage And Subsistence Allowances Paid From State Funds

W. Va. Code R. § 141-76 Financial Administration - mileage And Subsistence Allowances Paid From State Funds

STATE OF WEST VIRGINIA

WVMR(ARMY ) 37-26*

ADJUTANT GENERAL 'S DEPARTMENT

WVMR(AIR) 177-1*

CHARLESTON 25311

WV MILITARY

REGULATIONS

(ARMY )

NUMBER 37-26

WV MILITARY REGULATIONS

(AIR)

NUMBER 177-1

FINANCIAL ADMINISTRATION

MILEAGE AND SUBSISTENCE ALLOWANCES PAID FROM STATE FUNDS

Series 76

SECTION I - TRAVEL WITHIN STATE

SECTION II - OUT-OF-STATE TRAVEL

SECTION I - TRAVEL WITHIN STATE

1. General Instructions.

a. Approved travel on official business within the State is on the basis of reimbursement for actual and necessary expenses incurred, subject to the limitations set forth herein. Receipts are required for all items or fares except for meals and taxi fares.

b. The standard form, "Traveling Expense Account" will be used for all claims for traveling expenses within the State. This form must show number and detail of expenses day-by-day. Receipts must accompany this form and a separate claim for expenses must be filed by each person. Traveling Expense Accounts will be submitted to this office in triplicate, each copy signed and notarized, and purpose of trip will be stated on reverse.

2. Transportation.

a. Transportation may be obtained by the usual means of public conveyance, by government or state-owned vehicle, or by privately-owned vehicle, and expense of transportation will be reimbursed only for the cost of travel between official headquarters and the place to which his/her duties require an employee to go. Expense for returning to domicile or headquarters over weekends or holidays will not be reimbursable unless the expense is no greater than would have been incurred were the employee to have remained in the field.

b. Common Carrier. Reimbursement will be made for actual cost of ticket.

Receipt in the form of ticket stub must be submitted with the expense account.

c. State-Owned Vehicles. Reimbursement will be made for cost of gas and oil, parking meters, overnight storage, and ferriage, turnpike or bridge tolls.

Gas and oil are to be purchased at Department of Highways' garages whenever possible. Receipt should be obtained for ferriage, turnpike or bridge tolls and submitted with voucher. *This regulation supersedes WVMR(ARMY) 37-26 and WVMR(AIR) 75-1, dtd 9 May 75, and Ch 1, dtd 20 May 75 AGD-WV, dtd 7 Aug 84 WVMR(ARMY ) 37-26 WVMR(AIR) 177-1 d. Privately-Owned Vehicle. Reimbursement will be limited to the actual cost supported by ticket stubs or other appropriate documentation based on the most economically direct and practical route possible. When travel is by automobile, a state vehicle will be used unless no such vehicle is available as certified by the Director of the State Motor Pool. In the event no state vehicle is available, then reimbursement shall be at the rate of twenty (20) cents per mile for the use of the employee's automobile.

e. Federal Excise Tax. As a govermental unit, the State is exempt from the Federal Excise Tax on transportation, and no reimbursement will be made to employees for this Excise Tax in the event they fail to use certificates to obtain this exemption.

3. Subsistence.

a. Lodging. All persons traveling within the State will be reimbursed in an amount equal to their actual hotel bills while absent from their official stations. A receipt for the amount paid for hotel rooms MUST be submitted with the traveling expense account.

b. Meals. Reimbursement will be made for the actual cost of meals while absent from official station to a maximum amount of $15.00 per day. Said maximum allowance shall not be arrived at by average of days, but a purely day-to-day per diem.

c. Itemization. In preparing expense accounts, a detailed list of all expenses for motel bills and each meal shall be shown separately.

4. Miscellaneous.

a. Tips and Gratuities. Reimbursement for tips and gratuities will not be allowed. Expenditures for laundry, valet service, entertainment, theater, etc., are personal charges and will not be allowed.

b. Baggage. Necessary charges for the transfer and storage of baggage will be allowed provided the necessity for such is explained and does not exceed five percent of the daily room rate.

5. Traveling expenses are authorized to organization commanders and staff officers designated by them to make official inspection tours of units assigned to their command. Full use must be made of federal funds available for command inspections. Others may be paid for official travel when approved by this office, but in each case they must be on official National Guard business.

Where travel is performed by a member of the National Guard on other than official inspections, actual expenses may be allowed when approved by this office.

WVMR( ARMY ) 37-26

WVMR(AIR) 177-1

6. There will be no reimbursement for a trip of less than twenty-five (25) miles from home station.

SECTION II - OUT-OF-STATE TRAVEL

7. The instructions relative to out-of-state travel are the same as for travel within the State (see Section I, above), with the following modifications and changes :

a. At least twenty days prior to date of departure, requests for out-of-state travel must be submitted to this office for approval and transmittal to the Department of Finance and Administration. Reason for travel and estimate of cost must be included in the original request.

b. Meals may not be in excess of $15.00 per day. Lodging will be actual cost of the lodging at the least expensive available single rate.

c. In submitting claims for reimbursement for out-of-state travel, the "Out-of-State Traveling Expense Account" (yellow form) will be submitted to this office in triplicate, each copy signed and notarized, and purpose of trip stated thereon.

FOR THE GOVERNOR:

Cala labilam JOHN A. WILSON, III Major General, WANG The Adjutant General

Series 79 Installations - National Guard Armories

W. Va. Code R. § 141-79 Installations - National Guard Armories

Series 79 STATE OF WEST VIRGINIA ADJUTANT GENERAL'S DEPARTMENT CHARLESTON, WEST VIRGINIA 25311-1085 WV MILITARY REGULATION (ARMY)

NUMBER 210-2

INSTALLATIONS

1 APRIL 1992

OFFICE OF WEST VIRGINIA

SECRETARY OF STATE

1992 APR -8 AM 7: 59

FILED

NATIONAL GUARD ARMORIES

Section I.

Rescission

Section II General

Section III Armory Manager

Section IV Armory Caretaker

Section V Armory Managerial Committee

Section VI Public Use of Armory

Section VII.

Fees for use of Armory

Section VIII Rental Agreements

Section IX Disposition of and Accounting for Funds

Section X Utilities, Repairs and Alterations

Section XI Unit Activities, Unit-Sponsored Activities

Section XII Property

Section XIII. Flags

SECTION I RESCISSION

WVMR (ARMY) 210-2, dated 15 September 1989, State of West Virginia, Adjutant General's Department, is rescinded.

SECTION II

GENERAL

1. The term "ARMORY" means and embraces buildings, areas and centers, and the equipment and other facilities thereto, which are used for the training, administration, operations, and maintenance of the West Virginia Army National Guard, or any combination or combinations thereof, and any other equipment or facilities incorporated therein, to expand and adapt the armory for civic use.

2. Armories are divided into two categories: standard armories and expanded armories.

3. By virtue of Chapter 15, Article 6, of the Code of West Virginia, the State Armory Board is responsible for the acquisition, repair, operation, management, and control of all armories. Pursuant to a resolution authorizing the issuance of Armory Revenue Bonds, all armories are incorporated into the State Armory System, and as such are leased to the Adjutant General by the State Armory Board. The Adjutant General is required by law to pay the State Armory Board annually, as rent for the State Armory System, an amount equal to the principal and interest due on Armory Board Revenue Bonds, issued to finance the State's share of the cost of construction of armories and the estimated cost of maintenance, repair, operation, and control of armoriesin the State Armory System. All rents for the use of the armories are also remitted by the Adjutant General to the State Armory Board as outlined in Section IX of this regulation.

4. As a practical matter, state-owned armories are managed, operated, and controlled by the Adjutant General for the State Armory Board.

5. Armories may be leased by the Adjutant General from private sources in those instances where Stateowned facilities are not available. The cost of management and operation of such leased facilities, including rent, will be paid by the Adjutant General.

SECTION III

ARMORY MANAGER

1. The Adjutant General, by order, will designate an appropriate National Guard officer stationed at each armory to be the manager of the armory. The manager will normally be the Senior Army National Guard officer assigned to the armory. However, any officer may be given this assignment.

2. The armory manager, as the representative of the Adjutant General, shall operate, manage, and control the armory. He will coordinate the use of the armory for military purposes among the using units and shall perform the duties set forth hereinafter with regard to the use of armories by the public as well as military units:

a. Be responsible for the care and safekeeping of the armory and of all State property therein.

b. Operate and maintain the armory facilities in the most efficient and economical manner possible to include, but not restricted to, the following:

(1) Coordinate military use and rental of armory facilities.

(2) Account for installed equipment in facilities.

(3) Account for property and equipment placed in armories and issued to units by this department and the Division of Engineering and Facilities/State Armory Board.

(4) Account for supplies and equipment procured or issued for operation and maintenance of facilities and ensure their proper use.

(5) Supervise armory caretaker (building maintenancemechanic).

(6) Make necessary reports concerning use and operation of the armory facilities.

(7) Inspect armory periodically for proper cleaning, maintenance, and state of repair.

(8) Serve in the capacity of chairman for the Managerial Committee.

(9) Represent the Adjutant General in the local/community in matters pertaining to the armory.

(10) Request supplies and materials required for the operation of the armory.

(11) Security and fire protection.

(12) Maintain appropriate records, books and accounts to ensure proper accountability for all armory rentals, purchases, and equipment.

(13) Newly appointed managers will inspect and review the books, records and accounts of the Managerial Committee for any discrepancy that may exist prior to his appointment. An audit of books, records and accounts of the Managerial Committee will be conducted by the Adjutant General or Division of Engineering and Facilities/ Armory Board within 45 days after appointment if requested. Upon receipt of appointment from The Adjutant General, the Armory Manager will be responsible for all expenditures made from the armory account. Clarification of expenditures shall be directed to The Adjutant General or the Division of Engineering and Facilities/State Armory Board, if needed.

(14) Upon completion of the review, the Armory Manager will be held personally responsible for any unauthorized expenditures. Legal process will be used, if necessary, to recover these funds.

3. All State property, including furnishings, equipment, and other facilities located in the armory, shall be issued to the armory manager by The Adjutant General and the State Armory Board, and shall be accounted for by the armory manager.

.SECTION IV

ARMORY BUILDING MAINTENANCE MECHANIC

1. The building maintenance mechanic is also referred to as the caretaker in this regulation. A caretaker shall be employed by the Division of Engineering and Facilities/State Armory Board for each armory to perform all necessary janitorial and maintenance services. He will be a State employee and will be hired by the Division of Engineering and Facilities/State Armory Board upon recommendation of the armory manager and approval of the Adjutant General. He will work a normal 40-hour week, under the direction and supervision of the armory manager. His salary will be paid by the Division of Engineering and Facilities/State Armory Board in the same manner in which other State employees are paid. His regular work schedule shall be the same as the Federal/Military technician(s) assigned to the armory.

2. Armory caretakers are responsible to the armory manager for the cleaning, maintenance, repair, security, and fire protection of armory facilities in the most economical manner possible to include, but not limited to:

a. Assisting the armory manager in coordinating and promoting the use and rental of the armory facilities.

b. Cleaning, servicing, and maintaining armory facilities.

c. Making repairs to armory facilities within capabilities.

d. Improving, maintaining, and beautifying armory grounds within capabilities.

e. Safeguarding all armory facilities, equipment, and supplies.

f. Ensuring that firefighting equipment on hand is serviceable and readily available.

g. Setting up armory facilities and equipment for activities as directed by the armory manager.

h. Cleaning armory facilities and equipment in accordance with rental agreements as directed by the armory manager.

i. Preparing requests for the armory manager for supplies and equipment for operation and maintenance of the facilities as required.

3. West Virginia Army National Guard/Federal Technicians will not be employed as caretakers.

SECTION V

ARMORY MANAGERIAL COMMITTEE units stationed at the armory, representatives of local governmental bodies, subleases where applicable, civic organizations interested in the use of the armory and representatives of the general public. When possible, at least one member will be from the minority group within the community. Members to this Committee shall be appointed by the Adjutant General upon the recommendation of the armory manager together with local; governmental bodies and organizations when participating, and shall serve for indefinite terms. Recommendations for appointment of members to the Armory Managerial Committee will be forwarded to the Adjutant General by the armory manager as vacancies occur.

2. The armory manager shall be ex-officio chairman of the Armory Managerial Committee, unless otherwise designated by the Adjutant General. The Administrative Officer, Unit Administrator or appointed individual of the armory manager shall serve as clerk of the Managerial Committee and shall keep its records, books, and accounts. A copy of all minutes of each Managerial Committee meeting will be forwarded to the Armory Facilities Manager, Division of Engineering and Facilities/State Armory Board, 1707 Coonskin Drive, Charleston, WV 25311-1099, no later than five (5) days following each meeting.

3. The Armory Managerial Committee shall assist, advise, and oversee the armory manager in the coordination of the use of the armory for other than military purposes and in the management, operation, and control of the armory during each use. Subject to the approval of the Adjutant General, it shall set the charges therefore and determine what uses shall be rent-free (See Section VII). All actions of the Committee shall be subject to the approval of the Adjutant General. In case of dispute between a majority of the members of the Committee and the armory manager, the dispute shall be submitted to the Adjutant General, whose decision shall be final.

4. The caretaker shall perform janitorial, maintenance, and other services, including safeguarding of Federal and State property, in connection with public use of the armory. He shall be paid for such services the amount included in the charge to the user or users. The actual cost of extra help necessary to assist the caretaker in connection with public use of the armory shall also be charged to the user or users as a part of the operating charge.

5. An Armory Managerial Committee shall be appointed by the Adjutant General for each armory to assist, advise, and oversee the armory manager in the

SECTION VI

PUBLIC USE OF ARMORIES management, operation, and control of the armory when used for other than military purposes. The Committee shall consist of five or more members and shall include the armory manager, other commanders or 1. It is the policy of the Legislature, as set forth in

Section 1, Article 6, Chapter 15, of the Code of West Virginia, that in addition to their use for military purposes, armories shall be used "to provide facilities for use in times of fires, floods, riots, and other disasters, to provide public meeting places, recreational and other facilities, and to promote the general welfare." In furtherance of this Legislative policy, the State Armory Board has designated armories in such a manner that the military facilities therein are easily adaptable and usable for civic purposes. In many cases, armories have been expanded and the military facilities further adapted for civic use pursuant to agreements executed with local governmental units and civic organizations.

Such agreements are basic to the operation, management, and control of the respective armories for which they were executed, and as such, are incorporated in and made a part of this regulation. In the event of conflict between the terms of such agreement and the provisions of this regulation, the terms of the agreement will prevail. Each armory manager will have on file a copy of any such agreement concerning his armory.

2. In accordance with the agreement executed by the State with the United States prior to the construction of each armory, wherein the State Armory Board agreed, ". . . at no time during the term of this agreement to permit any disposition or use to be made of the facility which will interfere with its use for the administration and training of units of the Reserve Forces of the United States, or in time of war or National emergency of other units of the Armed Forces of the United States, or any other use by the Federal Government. . . " The primary use of each armory must be its use by the units of the West Virginia National Guard and for other military purposes, and the Adjutant General or his designated representative has full and complete authority over the use and disposition of the armory for such purposes.

At such times as the armory shall not be needed by the National Guard or for other military purposes, it shall be made available for the use of the community and other persons and organizations in the community for civic, recreational, and other proper purpose which will promote the general welfare, as directed by the Armory Board.

3. Any person renting the armory shall furnish evidence prior to commencing use of the facility that he has comprehensive public liability insurance for bodily injury in the amount of $100,000 for insurance to one person, $300,000 for one accident, and property damage insurance in a minimum amount of $50,000 covering the activity for which this agreement is executed, with a company licensed to do business in the State of West Virginia. A copy of the Certificate of Insurance will be kept on file with a copy of the contract. Insurance coverage is not required for non-profit activities and organizations.

4. The Armory Manager is responsible to submit a Report of Liability (Form RMI-2) to the Adjutant General or Division of Engineering and Facilities/State Armory Board for any incident which may occur during a rental or normal operation. Form will be submitted within three (3) days after knowledge of incident.

SECTION VII

FEES FOR USE OF ARMORY

1. Upon appointment of the Managerial Committee by the Adjutant General for each armory, the Committee shall draw up a Schedule of Fees for the use of the armory, to include a general statement of policy as to what uses will be rent-free. (Appendix 1) Such schedule will be submitted to the Adjutant General for approval, and when approved, it will become an

Appendix to this regulation and will be the official Schedule of Fees to be charged for the use of that armory. No deviation shall be made from the Schedule of Fees for the use of the armory without prior approval of the Adjutant General. However, the Managerial Committee shall review the Schedule of Fees from time to time and shall make recommendations for any changes to such schedule and submit same to the Adjutant General at any time, and when approved, shall be posted as a change to the appropriate Appendix. Schedules will be reviewed and submitted for approval at least annually.

2. Fees for the use of the armory shall be divided into two parts, as follows:

a. Rent b. Operating Charges 3. Rent: For the use of an armory, rent shall be sufficient to cover the use of the facilities for the activity contemplated, but shall not be set so high as to deter the use of the armory by the public. The Managerial Committee may use the following as a rule of thumb in determining the amount of rental:

a. A fee of 20 cents per person or 10% of the admission charge exclusive of taxes, which ever is greater, for each person attending an athletic contest or other event or use of the armory to which admission is charged.

Only persons competing or participating in such contest or event and persons employed in connection therewith shall be excluded in computing the number of persons attending.

b. For all events or use of the armory to which no admission is charged, a flat fee based upon at least 20 cents per person for the number of persons who would normally use the type of facilities required and the activity contemplated plus 5% of the gross revenue, collected upon sales realized from the sale of concessions, programs, souvenirs, and other articles, exclusive of sales taxes, during the use of the armory whether rental is by flat fee or on percentage.

4. Operating Charges: Operating charges shall be sufficient to cover the services of the armory caretaker, the cost of utilities and supplies, extra employees necessary for the janitorial or other services in connection with the use of the armory, clerical fees, and an amount for the use of the Managerial Committee in defraying incidental armory expenses.

a. The charge for the caretaker or Guard representative shall be sufficient to cover his or her services in setting up the armory for public use, being present during such use for the safeguarding of State and Federal property, and cleaning up and restoring the facilities to proper order after the public use. Charges for services which he/she performs during his/her normal work hours, for which he/ she is paid normal salary, shall be remitted to the Adjutant General as a part of the operational charge. For services performed at times other than his/ her normal working hours, wages shall be paid directly to the caretaker or representative as an extra compensation for overtime worked. This will be listed on rental agreements under Caretaker or Extra Help. The caretaker shall be paid one and one-half (1- 1/2) times his/her regular hourly rate when required to work a public rental beyond his/her regularly scheduled 40 working hours per week. This rate will apply to the caretaker when working in any capacity (caretaker or extra help). This rate may not apply to individuals other than the caretaker. Separate rates may be established for representatives and extra help other than the caretaker.

b. The cost of utilities consumed during the public use of the armory shall be computed on a realistic basis.

Included in this will be the cost of cleaning and maintenance.

c. To defray incidental expenses of the Managerial Committee, not to exceed 20% of the total fee for the use of the armory shall be added to the operating charge.

d. The actual cost of extra help and other direct costs incurred in connection with a particular use shall be, included as part of the operational charge.

SECTION VIII

RENTAL AGREEMENTS

1. A rental agreement will be executed for each public use of the armory. This agreement will be executed in quadruplicate on Armory Board Form 1.

2. The rental agreement will be completed and executed by the armory manager or other person designated by the manager to prepare the agreement and by the lessee, at least one week prior to the start of the use of the armory, if possible. All parts of the agreement will be filled out and the total fee computed at the time of execution of the agreement except where the amount of the rent cannot be fully computed until after the use is completed. In such case, the rent and the total fee will be left blank, and the basis for computing the rent inserted in the proper spaces. The Adjutant General's copy (pink) of the Rental Agreement will then be mailed to the Division of Engineering and Facilities, 1707 Coonskin Drive, Charleston, WV 25311-1099, ATTN: Armory Facilities Manager. The lessees copy (blue) will be delivered to the lessee and the Managerial Copy (white) will be retained in the armory by the clerk of the Managerial Committee. Upon completion of use of the armory, the amount of rent and total fee for the use of the armory shall be computed, where necessary, on Armory Board's, Managerial Committee's, and lessee's copy of the Rental Agreement, and the total fee for the use of the armory shall be collected from the user. The lessee's copy (blue) shall be marked "PAID", signed by the person receiving payment, and re-delivered to him as his receipt for payment of the fee. The Armory Board's copy (yellow) will be submitted to the Adjutant General with the Armory Board Form 2, monthly, and the Managerial Committee's copy (white) will be retained by the clerk of the Managerial Committee. All Rental Forms are accountable, and if voided, a copy will be returned with the report.

If lost, a signed statement must be furnished with the report for that agreement form.

3. Rentals of the armory for other than a single use will be covered by special agreements negotiated by the Adjutant General with the advice of the Managerial Committee. However, only one rental agreement will be required for any organizations renting the armory for a period of one month or less. Under no circumstances will use be made of an armory by any group, club, organization, or person, other than the National Guard or Army Reserve in joint-use armories without the approval of the Adjutant General.

SECTION IX

DISPOSITION OF AND ACCOUNTING FOR FUNDS

1. Public use of armories, except as may be provided in agreements executed pursuant to Paragraph 3, Section VIII, shall be on a cash basis, and payments of fees must be made by the user upon or before completion of the use.

2. All fees received by the Managerial Committee for the use of the armory and miscellaneous income shall be deposited immediately in a special account in the name of the State of West Virginia and Armory name, in a reputable bank located in the State of West Virginia. All disbursements shall be paid out of such account by checks signed by the armory manager, or his designated representative and cosigned by a member of the Managerial Committee designated in writing by the Managerial Committee for such purpose.

Checks used by this account will be numbered. Checks and check stubs will contain rental agreement number, where applicable. There will be no personal loans made or checks cashed from the account. There will be no revolving accounts utilized by the Managerial fund.

A check must be issued for each purchase and items purchased will be listed on the check stub and in the remarks on Armory Board Form 2. All purchases made from this account shall be made within the State's purchasing policies and procedures. Purchases of equipment in excess of $100. will be approved by the Managerial Committee. The Managerial Committee may set a limit to which the armory manager may expend without the approval of the Committee for purchases other than equipment.

3. Rent for the use of the armories shall be disposed of as follows:

a. Rent received for the use of leased armories shall be paid by the manager to the Adjutant General monthly, on or before the fifth day of the succeeding month.

b. Where agreements with local governmental bodies and organizations direct that rent shall be paid to such local governmental bodies or organizations, rent received for the use of State-owned armories shall be remitted by the manager as directed in such agreements.

c. Where there is no agreement for the payment of rent to local governmental bodies or organizations, rent received for the use of State-owned armories shall be remitted by the manager to the Adjutant General monthly, on or before the fifth day of the succeeding month.

4. Operating charges shall be disposed of as follows:

a. Charges made for the services of the caretaker or representative shall be paid by the manager to said individual per contract, by check, with the contract number appearing on the check and check stub.

b. Charges for utilities shall be remitted by the manager to the Adjutant General monthly, on or before the fifth day of each succeeding month.

c. Charges for extra help and other direct costs shall be paid out when incurred by check, with the contract number appearing on each check and Form 2.

d. The amount charged for defraying incidental expenses of the Managerial Committee shall be retained in the Managerial Account and used by the Managerial Committee as necessary for the operations and improvement of the armory.

5. The armory manager shall account for all monies received and paid out on an Armory Board Form 2.

Computer generated Form 2's are exceptable if they are completed in the same format, contain all information, and are signed. The account shall be kept and completed in duplicate. The first entry of each month will be the balance in the Managerial Committee bank account to be entered under "REMARKS". The account will be totaled at the close of business at the end of each month, and the last entry will be the balance in the Managerial Account, to be entered in the "Remarks" Column. The Remarks Column will be used to explain all Receipts and Expenditures. Adding the total receipts to and subtracting the total disbursements from the beginning balance must equal the closing balance. This report is a recap of the bank account. Only those dollars deposited in that month will be shown on Armory Board Form 2. Balances due are not to be reported or accural accounting is not to be used. The report will be signed by the manager or designated representative and the member of the Managerial Committee designated to cosign checks.

The original, together with the manager's remittances for rent and operating charges (separate checks), shall be forwarded to the Division of Engineering and Facilities/State Armory Board prior to the fifth day of the following month. The duplicate copy shall be retained by the manager at the armory in an appropriate binder, and shall constitute his account of receipts and disbursements.

6. A copy of the Armory Managerial Committee bank statement will accompany the Armory Board Form 2 each month. Should the bank statement be received after the due date of the Armory Board Form 2, separate mailing is acceptable.

7. All rental agreements, vouchers, and receipts shall be retained by the Managerial Committee in monthly files, until such time as disposition is directed by the Adjutant General.

8. Social Security wage reports will be submitted quarterly on all wages covered. Monthly deposits will be made directly to a local bank for all FICA taxes due.

This deposit must be made within three (3) banking days from the end of each month. Deposit slips will be obtained from the Division of Engineering and Facilities/State Armory Board office. A copy of the deposit will be forwarded with the State Armory Board Form 2 each month. Failure to make timely deposits will result in payment of penalties by the Managerial Committee. W-2's will be prepared by the Managerial Committee for all wages paid by the Committee. Copy A of all W-2's will be forwarded to the Armory Board prior to 30 January each year.

9. The books, records, and accounts of the Managerial Committee shall be subject to audit by the Legislative Auditor, the Adjutant General, and the State Armory Board at all times, and shall be audited at least annually by the Managerial Committee. Statement of audit will be furnished to the Adjutant General by the first of September each year.

SECTION X

UTILITIES-REPAIRS-ALTERATIONS

1. Cost of utilities are paid from State funds allocated to the Division of Engineering and Facilities/State Armory Board. It is important that all armory facilities be operated in the most economical manner possible.

2. Repair costs for armory facilities are paid from State funds allocated to the Division of Engineering and Facilities/State Armory Board. Requests for repairs will be made to the Division of Engineering and Facilities/State Armory Board, State of West Virginia, 1707 Coonskin Drive, Charleston, WV 25311-1099, ATTN:

Armory Facilities Manager.

3. Alterations to facilities will not be made without specific written approval from the Division of Engineering and Facilities/State Armory Board.

SECTION XI

UNIT ACTIVITIES, UNIT SPONSORED ACTIVITIES

1. Unit activities are defined as activities which are conducted for unit personnel and invited guests for the

purpose of creating interest in the National Guard, improving morale, and to benefit the National Guard in general.

2. Unit sponsored activities are defined as dances, shows, or other activities to which the general public is invited, or when admission is charged. When an armory is used for this purposes, a rental agreement (Armory Board Form #1) will be expected as any other rental. Utilities are not exempted under these type activities. These activities will be reflected on the monthly report of the Armory Managerial Committee (Armory Board Form #2). Insurance requirements may apply to these rentals. Frequency of scheduling for this purpose should be limited in order that maximum public use may be made of the facility.

SECTION XII

PROPERTY

1. Property funded from the Managerial Fund is accountable to the Division of Engineering and Facilities/State Armory Board. Equipment with a cost in excess of $100 will be maintained in a property log until retired. When property is purchased from the Managerial Committee fund, a property tag will be requested from the Division of Engineering and Facilities/State Armory Board. Upon receipt of the tag, property will be tagged and tag numbers will be listed on the property log. When new property is added to the property log, a copy of the updated log will be furnished to the Division of Engineering and Facilities/State Armory Board. Unserviceable property will be retired by the Division of Engineering and Facilities/ Armory Board.

The Division of Engineering and Facilities/State Armory Board will be notified of property designated unserviceable by tag numbers. Property will be removed by the Division of Engineering and Facilities/ State Armory Board.

2. Division of Engineering and Facilities/State Armory Board property will not be removed from the armory for unit use, annual training, or other without approval by the Adjutant General or the Division of Engineering and Facilities/State Armory Board.

SECTION XIII FLAGS

1. The National flag and West Virginia flag will be issued to each armory by the Division of Engineering and Facilities/State Armory Board. Replacements will be issued on a direct turn-in basis.

2. Flags will be flown on all working days. Flags will also be flown any time any military unit is on duty at the armory.

3. Flags will be flown at half-staff at the direction of the Governor, the Adjutant General, or other appropriate

authority.

2. It will be the responsibility of the armory manager to see that the flags are cleaned and maintained in good condition.

FOR THE GOVERNOR:

Such Skaff Major General, WVARNG The Adjutant General DISTRIBUTION:

"A"

Appendix 1 - Armory Rental Schedule of Fees

Appendix 2 - Expenditures from Managerial Committee Funds Armory ARMORY SCHEDULE REN' OF ( Revised CLASSROOMS RANGE KITCHEN DRILL HALL ENTIRE ARMORY 1 COMMERCIAL RENTAL FEE Flat fee may be used if fees are based on rates below, and an estimate normally attend this type of event or activity is used. of the number of persons who would Admission Charged 20€ per person or 10% of the Admission Charge (exclusive of taxes) whichever is greater.

No Admission Charged 20€ per person plus 5% of taxes) of gross revenue (Concessions, Programs, Souvenirs, Other Articles, Auctions) (Exclusive 11 NON COMMERCIAL RENTAL FEE Organizations exempted non commercial will be Same as No. I Same as No. I from Rent Fee must be considered separately. on file with approved Rental Schedule. Each rental classed as III OPERATING CHARGES Utilities (Non-Exempt )

Apr-Sep Apr-Sep This rate will be based on total time. (including Oct-Mar Oct-Mar preparation, hours of event The cost of utilities consumed during the public use of the armory shall be computed on a realistic basis.

Included in this will be the cost of cleaning supplies and maintenance equipment used. and clean-up)

IV VARIABLE OPERATING CHARGES

Caretaker or Representative (1/2 Caretaker Hourly Rate)

Extra Help FICA - Current Contribution Rate Charges for service for which he performs during normal working hours, . for which he is paid his normal salary, shall be remitted to the Adjutant General as a part of the operational charge.

V MANAGERIAL COMMITTEE

20% TOTAL FEE

Maximum VI CLERICAL FEES $10 PER CONTRACT Maximum EXPENDITURES FROM MANAGERIAL COMMITTEE FUNDS It is the intent of this Appendix to give guidelines for Authorized Expenditures from Managerial Committee Funds. Funds which are derived from the rental of an armory as described in WVMR (ARMY) 210-2.

WVMR (ARMY) 210-2, Section VII, Paragraph 4, Sub-Paragraph C, states:

"To defray incidental expenses."

Examples of these expenditures are as follows:

AUTHORIZED EXPENDITURES

Drapes or Blinds Furnishings Office Equipment Kitchen Equipment Repairs and Maintenance of Equipment Purchased Beautification of lawns and/or parking lots UNAUTHORIZED EXPENDITURES Flowers for individuals or families for illness or death Repairs of vehicles (flat tires, etc)

Items on Statement of Charges (Lost from unit or individuals)

Decorations - not reimbursed Paper plates, cups Gasoline As stated in Section III, Paragraph 3, Sub-Paragraph B, Item 12:

Clarification of expenditures should be directed to the Adjutant General or Division of Engineering and Facilities/State Armory Board, if needed.

Series 87 Controlling Tobacco Use

W. Va. Code R. § 141-87 Controlling Tobacco Use

STATE OF WEST VIRGINIA ADJUTANT GENERAL'S DEPARTMENT CHARLESTON, WEST VIRGINIA 25311-1085

WV MILITARY REGULATION (ARMY)

NUMBER 600-63

WV MILITARY REGULATION (AIR)

NUMBER 30-27 13 September 1990 Sireis 87 .

CONTROLLING TOBACCO USE

1. REFERENCES:

DOD Directive 1010.10 - Health Promotion AFR 30-37 - Smoking in Air Force Facilities AR 600-63 - Army Health Promotion FORSCOM Regulation 1-3 - Tobacco Control Plan WV Division of Personnel - Smoking Restrictions in the Workplace 2. PURPOSE:

This regulation implements Department of the Army and Air Force and State of West Virginia guidance and establish the policy for controlling tobacco use within the West Virginia National Guard. This policy is aimed at creating a abstinence and discourages use of tobacco products and creates a healthy working environment.

3. GENERAL:

a. Smoking and smokeless tobacco use harms readiness by impairing physical fitness and by increasing illness, absenteeism, premature death and health care costs. Readiness and personal health will be enhanced by establishing the standard of a smoke-free environment that supports abstinence from and discourages use of tobacco.

b. Full cooperation of all commanders, supervisors, soldiers, airmen and civilians is expected to ensure people are protected from the effects of second-hand smoke. However, persons who desire to use tobacco products will not be inconvenienced unnecessarily.

An equitable balance must be struck.

c. All organizational elements that occupy space in or on conveyances, offices, buildings or facilities over which the WVNG has custody and control will comply with the DOD, DAF, DA and/ or State of West Virginia policies and guidance.

d. This policy does not cancel or supersede other instructions that control smoking because of fire, explosion or other safety or operational considerations.

4. POLICY:

Smoking is prohibited in space occupied by the West Virginia National Guard. Commanders/Supervisors may make reasonable accommodations for employees who do smoke; however, they must be made without exposing individuals to the effects of second-hand smoke. If accommodations cannot be made, the area will be smoke free.

a. Smoking is prohibited except in specifically designated areas.

b. Smoking is prohibited in auditoriums, conference rooms, classrooms and restrooms.

c. Smoking is prohibited in all Government (Federal & State) vehicles.

d. Smoking is prohibited on all military aircraft with less than 30 usable seats, during aeromedical evacuation and flights of less than 2 hours in duration.

e. Smoking areas may be designated and posted in buildings and work-areas. Smoking areas must be vented to the outside. This does not mean opening doors and/or windows, or any other method that interferes with the buildings heating and cooling system. The facility/armory manager shall have the This regulation supersedes WVMR (Army) 600-63 and WVMR (Air) 30-27, dtd 16 May 1989 WVMR (Army) 600-63 WVMR (Air) 30-27 responsibility to establish designated smoking areas, provided adequate ventilation requirements are met.

f. Commanders/Supervisors may authorize break periods for smokers, but they are not required.

4. The use of smokeless tobacco products are permitted in individuals work areas and private offices within the following guidelines:

a. None shall be used when interacting with public or when conducting any interviews or training.

b. Waste cans shall not be used as spittoons. Each user shall furnish and maintain one's own spitton devise in a manner that is sanitary, nonoderous and generally out of view of pathways.

5. ENFORCEMENT:

Failure to comply with the prescribed policy personnel are subject to adverse administrative action.

SanSkaf Major General, WVARNG The Adjutant General

Series 89 Command Pay And Compensation For Clerical Services

W. Va. Code R. § 141-89 Command Pay And Compensation For Clerical Services

FILED

STATE OF WEST VIRGINIA ADJUTANT GENERAL'S DEPARTMENT CHARLESTON, WEST VIRGINIA 25311-1085

Nov 3 10 03 AM '97 WV MILITARY REGULATION AIR 35-1 ARMY 37-300 OFFICE OF WEST VOSTIA 7 October 1997RY OF STA . E Séries 89 COMMAND PAY and COMPENSATION for CLERICAL SERVICES

Chapter 1 General

Chapter 2 Command Pay and Payment of Compensation for Clerical Services

Chapter 3 Administrative Instructions Appendices:

A-AGO Form 60, Command Pay B-AGO Form 60, Clerical Services

CHAPTER 1

GENERAL

1-1 Purpose The purpose of this regulation is to complement Chapter 15, Article 1B, Section 17, West Virginia Code as amended, effective 1 July 1997 to establish command pay and compensation for clerical services for units and organizations of the West Virginia Army and Air National Guard, and to serve as the principle reference document for the implementation of command pay and compensation for clerical services.

1-2 Applicability This regulation is applicable to each commander in the West Virginia Army and Air National Guard. In the event that a conflict should arise between this regulation and the cited reference, the provision of this regulation which reduces the expenditures of state funds shall apply. This regulation will not apply to the United States Property and Fiscal Office, the Surface Maintenance Office, Army Aviation Support Facility, nor the Eastern Army Aviation Training Site.

1-3 Reference West Virginia Code, Chapter 15, Article 1B,

Section 17 as amended in 1997.

1-4 Updates This regulation is to be reviewed annually, to evaluate its effectiveness and within budgetary limits. Updates, changes and revisions will be made as required. Users of this regulation are invited to send comments and suggestions to: The Adjutant General, State of West Virginia, 1703 Coonskin Drive, Charleston, West Virginia 25311-1085.

1-5 Effective Date The provisions of this regulation became effective 1 July 1997.

CHAPTER 2

COMMAND PAY AND PAYMENT OF

COMPENSATION FOR CLERICAL

SERVICES

2-1 Payment of Command Pay to Commanders.

The criterion for command pay is as follows:

a. There may be paid to each commander of a brigade, regiment, air wing, army group or other equivalent type organization, authorized the grade of colonel (0-6) or higher, and having an authorized military strength of 800 or above, one hundred dollars per month, payable quarterly (calendar), to be known as command pay.

b. There may be paid to each commander of a battalion, army squadron, air group, or other equivalent type organization, authorized the grade of lieutenant colonel (0-5) or above and having an authorized military strength of 200 or above, fifty dollars per month, payable quarterly (calendar), to be known as command pay.

c. There may be paid to each commander of a battalion, army squadron, air group, or other equivalent type organization, authorized the grade of lieutenant colonel (0-5) or above and having an authorized military strength of 199 or less, twentyfive dollars per month, payable quarterly (calendar), to be known as command pay.

d. There may be paid to each commander of a company, air squadron or other equivalent type organization (such as a detachment, flight) and having an authorized military strength of 45 or above, twenty-five dollars per month, payable quarterly (calendar), to be known as command pay.

e. There may be paid to each commander of a company, air squadron or other equivalent type organization (such as a detachment, flight) and having an authorized military strength of 20 or above, but less than 45, fifteen dollars per month, payable quarterly (calendar), to be known as command pay.

f. There may be paid to each commander of the West Virginia National Guard - the adjutant general, the assistant adjutant general (army) and the assistant adjutant general (air), authorized the grade of COL (0-6) or higher, one hundred dollars per month, payable quarterly (calendar), to be known as command pay.

2-2 Payment of Compensation for Clerical Services.

The criterion for payment of compensation for clerical services is as follows:

a. There shall be allowed to each headquarters of a brigade, regiment, air wing, army group or equivalent type organization, authorized the grade of colonel (0-6) or higher and having an authorized military strength of 800 or above, one hundred dollars per month, payable quarterly (calendar), to be known as compensation for clerical services.

b. There shall be allowed to each battalion, army squadron, air group, or other equivalent type organization, authorized the grade of lieutenant colonel (0-5) or above and having an authorized military strength of 200 or above, fifty dollars per month, payable quarterly (calendar), to be know as compensation for clerical services.

c. There shall be allowed to each battalion, army squadron, air group or other equivalent type organization, authorized the grade of lieutenant colonel (0-5) or above and having an authorized military strength of 199 or less, twenty-five dollars per month, payable quarterly (calendar), to be known as compensation for clerical services.

d. There shall be allowed to each company, air squadron, or other equivalent type organization (such as a detachment, flight), and having an authorized military strength of 45 or above, twenty-five dollars per month, payable quarterly (calendar), to be known as compensation for clerical services.

e. There shall be allowed to each company, air squadron, or other equivalent type organization (such as a detachment, flight) and having an authorized military strength of 20 or above, but less than 45, fifteen dollars per month, payable quarterly (calendar), to be known as compensation for clerical services.

f. There shall be allowed to each commander of the West Virginia National Guard the adjutant general, the assistant adjutant general (army), and the assistant adjutant general (air), authorized the grade of COL (0-6) or higher, one hundred dollars per month, payable quarterly (calendar), to be known as compensation for clerical services.

g. There shall be allowed to the commander, who has the sole national guard unit located in an Armory and having an authorized military strength of 44 or less, the sum of twentyfive dollars per month, payable quarterly (calendar), to be know as compensation for clerical services.

h. Units (such as a detachment, flight) having an authorized military strength of 19 or less, will be supported by their next higher command.

CHAPTER 3

ADMINISTRATIVE INSTRUCTIONS

3-1 AGO Form 60 Administrative instructions for the preparation of AGO Form 60 for Command Pay and Payment of Compensation for Clerical Services.

a. The completion of AGO Form 60 will be as shown in sample form in Appendices A and B.

Computer generated forms must have the exact format as the sample forms enclosed.

b. The quarterly period will be the calendar quarters (1 Jan - 31 Mar), (1 Apr - 30 Jun), (1 Jul - 30 Sep) and (1 Oct - 31 Dec).

The AGO Form 60 for Command Pay will be made payable to the commander and will be pro-rated when there is a change in commanders during the quarterly period. This will require a separate form for each commander showing the dates in command.

d. The AGO Form 60 for Payment of Compensation for Clerical Services will be for the FOR THE GOVERNOR: full amount regardless of change in commanders.

This will not be split nor pro-rated since the payment is made to the organization in the name of the commander who is in command at the end of the calendar quarter.

e. The authorized strength of the organization (brigade, regiment, air wing, army group, battalion, army squadron, air group, company, air squadron, detachment, flight) will be entered as shown in sample forms. If there is a change in the authorized strength during the calendar quarter, show both the old and new strength figures with effective dates.

f. The AGO Form 60 requires the signature of the payee and the commander at the next higher level. Payments cannot be made, if forms are not properly signed as required for audit purposes.

g. Enter the unit Payroll Number (PRN) in the upper right corner of the AGO Form 60 where it says Voucher Number for both the Command and Clerical vouchers. This is a three digit number for the Army Guard. The Air National Guard will use their "Past Codes" (PC) in the Voucher Number space in the upper right corner.

3-2 Suspense Date The AGO Form 60 will be due in the Office of The Adjutant General no later than the 15th of the month in which the quarterly periods end. These due dates are: 15 March; 15 June; 15 September and 15 December. allen C. Tacker ALLEN E. TACKETT Major General, WVARNG The Adjutant General PORK NO. GO A. G. O.

COMMAND PAY

STATE OF WEST VIRGINIA

Voucher No.

PRN: 506

Vender No.

TO.

CPT JOSEPH S. PEAL 150 Oakvale Road Charleston, WV 25314

1.97 DATE

DESCRIPTION OF ARTICLES OR WORK

DOLLARS

CENTS 15Sep Command Pay for 1Jul97 - 30Sep97

7.5 Auth Strength: 223 SAMPLE 75.

The foregoing account and claim has been verified, and is hereby certified to be correct and just and that it has not heretofore been paid. ☒ X Joseph S. Peal, CPT 3664th Maint Co (PAYER)

The foregoing account and claim has been verified and is hereby certified to be correct and just and that it has not heretofore been paid. The articles or services were ordered for the use ct 3664th Maint Co; Pt PleasantWest Virginia National Guard.

Army.

X Commander Ist Bn 77th Brigade TC W. V. N. G ☒ APPROVED FOR PAYMENT:

THE ADJUTANT GENERAL

NOTE: THIS IS NOT A RECEIPT FOR PAYMENT. BUT ACKNOWLEDGMENT OF THE AMOUNT DUE, AND MUST DE SIGNED BY PAYER.

Appendix A, WV Military Regulation (Air 35-1) (Army 37-300), 22 Sep 97 CLERICAL PAY FORM NO. GO A. G. O.

STATE OF WEST VIRGINIA

Voucher No.

PRN: 506

TO CPT JOSEPH S. PEAL 3664th Maint Co Route 62, North Point Pleasant, WV 25550-9999

1.9.7 DATE

DESCRIPTION OF ARTICLES OR WORK

DOLLARS

CENTS

Sep Compensation for Clerical Services - 1Jul97 - 30Sep97 Auth Strength: 223 SAXOLE 75.

The foregoing account and claim has been verified, and is hereby certified to be correct and just and that it has not heretofore been paid.

X ☒ Joseph S. Peal, CPT (PAYEE) 3664th Maint Co The foregoing account and claim has been verified and is hereby certified to be correct and just and that it has not heretofore been paid. The articles or services were ordered for the use of 3664th Maint Co; Pt PleasantWV West Virginia National Guard.

Army X ☒ Commander 1st Bn 77th Brigade TC W. V. N. G APPROVED FOR PAYMENT:

THE ADJUTANT GENERAL

NOTE: THIS IS NOT A RECEIPT FOR PAYMENT, BUT ACKNOWLEDGMENT OF THE AMOUNT DUE. AND MUST BE SIGNED QY PAYEE

Appendix B, WV Military Regulation (Air 35-1) (Army 37-300), 22 Sep 97 COMMAND PAY & CLERICAL ARMY 96-97 AS OF 8 SEP PRN # CLER COM STRENGTH A00 ADJUTANT GENERAL MG ALLEN E. TACKETT A00 ASST ADJUTANT GENERAL BG JOHN E. BARNETTE HQ WV ST AREA COMMAND CHAS MAJ EDWARD A MUTH 75,00 DET 3 ATS WV STARC KINGWOOD LTC LARRY BROWN DET 4 SEL SERV WV STARC CHARLESTON MAJ ANTHONY STREET DET 5 HD WV STARC AMEDD CHAS COL MICHAEL S. MCINTOSH HQ 197TH RTI KINGWOOD COL HUNTER SMITH DET 1 E ARNG AVN TRNG SITE BRIDGEPORT DET 28 OPT SP ARLFT CM PARKERSBURG CW5 CHARLES D. WHEELER RECON AIR INTRA DET WILLIAMSTOWN CPT KEITH W. CUMMINGS F00 HQ 111TH ST. ALBANS COL JACOB C. HUFFMAN JR HHC 111TH EN GP ST. ALBANS CPT JOEL G. SANDY 119TH ENGR CLARKSBURG CPT DAVID P. SHAFER DET 1 119TH ENGR BUCKHANNON 1LT KING 229TH ENGR KINGWOOD CPT PATRICK L. NIELD HQ 1092D EN BN PARKERSBURG LTC JAMES B. HILL HHC DET 1-6 1092D PARKERSBURG CPT JOSEPH P. STEPHENS DET 1 HHC 1092D GASSAWAY CO A 1092D GASSAWAY 1LT DAVID HOPKINS DET 1 CO A 1092D EN BN RICHWOOD 2LT JAMES WOODY DET 2 HHC 1092D RICHWOOD CO B 1092D EN BN WESTON 1LT HAROLD G. BUTLER DET 3 HHC 1092D WESTON DET 1 CO B 1092D EN BN SPENCER 1LT MICHAEL KISNER DET 4 HHC 1092D SPENCER CO C 1092D EN BN SALEM 1LT KENNETH E. ADKINS 75,00 DET 5 HHC 1092D SALEM DET 1 CO C 1092D EN BN MOUNDSVILLE 1LT THOMAS G. COOK II DET 6 HHC 1092D MOUNDSVILLE HQ 201ST FAIRMONT LTC RICHARD E. HOLLAND HHB 201ST FMONT COPENHAVER 50.00 CPT PAT SPITZ 25.00 BTRY A 201ST ELKINS CPT SHAWN FETTER BTRY B 201ST MORGANTOWN CPT JAMES M HENNIGAN DET 1 BTRY B 201ST KEYSER 1LT THOMAS R. BATISTE BTRY C 201ST HINTON CPT ROY BOURNE DET 1 BTRY C 201ST RONCEVERTE 1LT BRIAN HUTCHINSON SVC BTRY 201ST KINGWOOD 1LT CLAY COATNEY DET 1 SVC BTRY 201ST OAK HILL 2LT WILLIAM LONGANACRE C00 HQ 150TH BLUEFIELD LTC DEREK C. SWOPE HHC 150TH BLUEFIELD CPT BRIAN E. TANNER DET 1 HHC 150TH WELCH 1LT SAMUEL L. GOINS CO A 150TH ALLOY 1LT CHRISTOPHER SELVEY DET 2 HHC 150TH ALLOY CO B 150TH DUNBAR CPT JAMES W. ELLARS DET 3 HHC 150TH DUNBAR CO C 150TH BECKLEY CPT ROGER L. JENNINGS DET 4 HHC 150TH BECKLEY CO D 150TH WILLIAMSON CPT SHAWN C. REGER DET 5 HHC 150TH WILLIAMSON B00 77TH BRIGADE TROOP COMMAND CHAS COL DENNIS CHRISTIAN TROOP COMMAND CHAS LTC JOHNNIE L. YOUNG 77TH BRIGADE TROOP COM CPT TERRANCE LANE DET 1 121ST MED CO WILLIAMSTOWN CPT LARRY GRAHAM 152D MP DET MOUNDSVILLE 1LT DARIN WILLARD DET 1 196TH PA DET CHAS 1LT GENE HOLT 157TH MP CO MARTINSBURG CPT JO ANN NICHOLSON 249TH ARMY BAND CW3 THOMAS A. GOFF 1257TH TRANS CO HUNTINGTON CPT ANTHONY POSTON DET 1 1257TH BECKLEY 2LT ROSEMARY HARRELL 3664TH MAINT CO PT. PLEASANT CPT JOSEPH S. PEAL CO C 2/104TH AV BN WHEELING CPT JOHN MCHUGH CO D 2/104TH AV BN WHEELING 1LT THOMAS K. PREASKORN DET 1 HHC 2/104TH AV BN WHEELING 1LT CLAUDE LAPLANTE DET 1 CO C 2/104TH AV BN WILLIAMSTOWN 1LT JOHN P. CARPICO DET 2 CO C 2/104TH WHEELING DET 2 CO D 2/104TH AV BN WILLIAMSTOWN DOUG NUTTER D00 HQ 2/19TH SF CEREDO LTC JOSEPH B. DIBARTOLOMEO HQ DET 2/19TH CEREDO MAJ HOYER DET 1 HQ DET 2/19TH CEREDO A25 AUG 2/19TH AUG TDA SF BN CEREDO CO C 2/19TH SF KINGWOOD CPT JAMES A. EVANS SPT CO 2/19TH SF CEREDO CPT JEFFREY GILLEY TOTALS 4,860.00 4,860.00 15804 Sheet1 COMMAND PAY & CLERICAL AIR 96-97 AS OF SEP 8 1997 130TH AIRLIFT WING COMMAND CLERICAL STRENGTH HQ WVANG COL SMITH HQ 130TH AW/CC COL WHEELER 130TH OPS GP/CC COL PREECE 130TH OPS SPT FLT/CC LT COL ALTIZER 130TH AS SQ LT COL CRIDER 130TH MAPS SQ LT COL DODRILL 130TH LOG GP/CC LT COL GARLINGTON 130TH MXS SQ LT COL FRANKLIN 130TH AGS SQ CAPT BUCKNER 130TH LOG SUP FLT/CC 1LT RABEL 130TH LOG GP/CC LT COL EDDY 130TH SUP GP/CC LT COL CAVENDISH 130TH MS SPT FLT/CC LT COL HUNTER 130TH COMM FLT/CC MAJ PITZER 130 CE SQ LT COL WOLFE 130TH SEC POL/CC CAPT MURPHY 130TH SVS FLT/CC MAJ HUFFMAN 130TH MED SQ/CC LT COL CHAMBERLAIN 167TH AIRLIFT WING 167TH AIRLIFT WING COL LLOYD 167TH OPR GROUP CC LT COL GARRETT 167TH OPS SPT FLT/CC LT COL NYE 167TH ALFT SQ/C LT COL ENDERS 167TH AP SQ/CC MAJ MITCHELL 167TH AES/CC LT COL TAYLOR 167TH LOGISTICS GROUP CC COL REUSS 167TH MAINT SQ MAJ MICHAEL 167TH ACFT GEN SQ MAJ SNYDER 167TH LOG SUP FLT/CC MAJ SANDY 167TH LOGISTICS SQ LT COL BARNES 167TH SUPPORT GROUP CC LT COL TRUMAN 167TH MS SPT FLT/CC LT COL BURKHART 167TH COMM FLT/CC LT COL FRANKENBERRY 167TH CIVIL ENG SQ LT COL CARATTINI 167TH SVS FLT/CC MAJ VANMIDDLESWORTH 167TH SEC POL SQ CAPT AUSHERMAN 167TH MED SQ/CC LT COL TOWNSEND TOTAL 3,420.00 3,420.00