KRS 38.040: Appointment of officers and warrant officers -- Staff officers -- Conformity

with federal standards.

(1) All commissioned officers and warrant officers of the Kentucky National Guard

shall be appointed by the Governor, upon the recommendation of the ad jutant

general and the commanding officers of the organizations to which such officers are

to be assigned for duty, and shall be appointed according to grade in the branch or

corps of the service in which they are appointed. No officer or warrant officer s hall

be appointed unless he is eighteen (18) years of age or older and until he shall have

successfully passed such tests as to his physical, moral and professional fitness as

are or shall be prescribed by federal law for federal recognition as an officer.

(2) All appointments as staff officers shall be of individuals with previous military

experience.

(3) The Governor may issue such regulations governing the appointment of

commissioned officers and warrant officers in the Kentucky National Guard as may

be necessary in order to conform to the requirements made by Congress for

participation in federal appropriations for the Kentucky National Guard.

(4) No officer or warrant officer except the adjutant general shall retain the grade to

which he may have been a ppointed or promoted unless, within a reasonable length

of time, he obtains federal recognition for such grade.