The appointment of officers in the WVARNG is a function of the State Adjutant General. An officer appointed in the WVARNG acquires a dual status by becoming a member of the Federally recognized Army National Guard and as a Reserve Commissioned Officer of the Army. Federal recognition will continue in effect as long as the officer continues to meet the requirements of his grade and position or until recognition is withdrawn. The term of appointment as a Reserve Commissioned Officer of the Army is for an indefinite period, and is not contigent upon continued Federal Recognition in the West Virginia Army National Guard.
W. Va. Code R. § 141-31-6-7