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Virginia Law

Code of Virginia

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Code of Virginia
Title 44. Military and Emergency Laws
Chapter 1. Military Laws of Virginia
7/31/2026

§ 44-40.01. Nonjudicial disciplinary proceedings. (2026 updated section)

Service members of the Virginia National Guard, not in federal service, are subject to nonjudicial punishment pursuant to Part V of the Manual for Courts-Martial, United States. A commander's authority to impose nonjudicial punishment shall not include the authority to impose correctional custody, arrest in quarters, restriction, or extra duties. When nonjudicial punishment is to be imposed by a commanding officer of the rank of major or above, a service member shall not be allowed to demand trial by court-martial in lieu of nonjudicial punishment. Service members shall retain all appeal rights available under the Manual for Courts-Martial, and the appeal shall include a review for abuse of discretion and legal sufficiency of the evidence.

2015, c. 194; 2026, c. 899.