W. Va. Code R. § 141-49-1

Current through Register Vol. XLI, No. 40, October 4, 2024

Section 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. § 141-49-1