HD2 - Revision of Military Laws


Executive Summary:

The most recent revision in the Military Laws of Virginia was had in 1958. Since those changes in our statutes, the national military establishment has undergone major changes in order to meet the demands placed upon it. It is essential that Virginia's military laws keep abreast of these new patterns of organization and terminology in order that confusion may be avoided in time of emergency. The State's ability to respond adequately to emergency situations must be re-examined periodically in order to assure the safety of her citizens.

The General Assembly of 1962 was of the opinion that an overall study of the military statutes of Virginia should be made with a view to correcting deficiencies, conforming the laws to current practices and making such other changes as experience might dictate. Accordingly, House Joint Resolution 89 was adopted.

The Council assigned this study to Charles R. Fenwick, member of the State Senate from Arlington, to serve as Chairman of a Committee to make the initial investigation and report. The following were also members of the Committee which made the study: Marvin T. Ball, Jr., Small Business Administration, Richmond; Major General Paul M. Booth, Adjutant General of Virginia, Richmond; Major General Reginald Harmon, USAF Ret., Arlington; John Wingo Knowles, Associate Judge, 10th Judicial Circuit, Richmond; Richard T. Luck, Virginia National Guard, Richmond; Robert D. McIlwaine, III, Assistant Attorney General, Richmond; James B. Moore, III, President, Asher-Moore Company, Richmond; John Pendleton Read, Jr., Vice-President, Lynchburg Broadcasting Corporation, Lynchburg; James W. Roberts, member of the House of Delegates, Norfolk, and A. Simpson Williams, Jr., Attorney at Law, Richmond. John B. Boatwright, Jr., and Fletcher W. Harkrader, Jr., served as Secretary and Recording Secretary, respectively, to the Committee. After consideration of the facts before it, the Committee made its report to the Council. This report has been reviewed at length by the Council, and the Council now submits its own report based thereon.

The Department of Military Affairs was of especial assistance, both in furnishing information as to administrative practices and difficulties and in pointing up areas in which changes were required; We express our appreciation to the Committee, the Department of Military Affairs and all others who assisted in the preparation of this report.

Throughout our consideration of the problems involved in this study we kept foremost in our minds the need to provide for an efficient military organization, able to respond to the emergency needs of the Commonwealth of whatever nature, while at the same time being organized in such a way as to conform to the requirements of the national military complex. The changes which we feel desirable are included in the bill which is attached and made a part of this report.