2023 Illinois Compiled Statutes › Chapter 20 - EXECUTIVE BRANCH › 20 ILCS 1805/ - Military Code of Illinois. › Article VIII - Appointments And Commissions

(20 ILCS 1805/Art. VIII heading)
ARTICLE VIII.  
		APPOINTMENTS AND COMMISSIONS
(20 ILCS 1805/37) (from Ch. 129, par. 220.37)
Sec. 37. 
		
		The Commander-in-Chief shall make all appointments in the
commissioned rank in the Illinois National Guard. Commissions evidencing
all appointments shall be signed by the
Governor and attested and issued by The Adjutant General.
(Source: P.A. 85-1241.)
(20 ILCS 1805/38) (from Ch. 129, par. 220.38)
Sec. 38. 
		
		Commissions to officers shall read to a certain grade in a given
branch or corps. Assignment to duty in any unit shall be by order of the
Commander-in-Chief. The validity of all commissions shall be subject to
formal acceptance and the execution of oath of office prescribed by law.
(Source: Laws 1957, p. 2141.)
(20 ILCS 1805/39) (from Ch. 129, par. 220.39)
Sec. 39. 
		
		The qualifications for appointment of commissioned officers will
be in accordance with the provisions of the laws of the United States and
the rules and regulations based thereon.
(Source: Laws 1957, p. 2141.)
(20 ILCS 1805/40) (from Ch. 129, par. 220.40)
Sec. 40. 
Except where otherwise specified herein, all officers now in
active service or hereafter appointed, shall hold their respective
commissions until they are vacated by resignation or retirement, or by
acceptance of another commission in the State military service, or
by sentence of a general courts-martial, approved finding of a board of officers
under Section 42, Article VIII, approved finding of a board of officers convened pursuant to federal regulations in which the board recommends withdrawal of federal recognition of the officer's commission, or terminated under Section 43, Article
VIII hereof. Federal recognition with commission in the National Guard of
the United States is established as a requirement for holding commission in
the active National Guard of Illinois; the commission of an officer in the
National Guard of Illinois will be terminated upon failure to obtain or
retain Federal recognition.
(Source: P.A. 99-557, eff. 1-1-17.)
(20 ILCS 1805/41) (from Ch. 129, par. 220.41)
Sec. 41. 
		
		Any commanding officer of the Illinois National Guard having under
their command an officer who is
undesirable as an officer, for any reason other than for physical
disability, may recommend, through military channels, that such officer
be ordered before a board of officers for investigation. Such
recommendations shall fully and clearly state the facts and reasons on
which such undesirability is based.
(Source: P.A. 85-1241.)
(20 ILCS 1805/42) (from Ch. 129, par. 220.42)
Sec. 42. 
Whenever a recommendation is made pursuant to the provisions of
the preceding Section and such recommendation is approved by superior
commanders, it shall be within the discretion of the Adjutant General to convene a
board of not less than three nor more than five commissioned officers all superior in rank or date of rank to the officer or enlisted member facing investigation to examine into the matter of such
recommendation and the desirability and qualifications of the officer or enlisted member who
is the subject thereof, and to report its findings and recommendations to
the Adjutant General. If the board finds
such officer to be undesirable and such findings are approved by the
Adjutant General, then the commission of such officer or enlistment of such soldier or airman, in the Organized Militia, shall be
terminated.
(Source: P.A. 99-557, eff. 1-1-17.)
(20 ILCS 1805/43) (from Ch. 129, par. 220.43)
Sec. 43. 
When an officer is absent without leave from four consecutive unit training assemblies
 or the annual training period such officer's
commission shall be terminated.
(Source: P.A. 99-557, eff. 1-1-17.)