Appointment of the Adjutant General and Deputy Adjutant General

"§121-7 Adjutant general; appointment[.] and term. [The adjutant general shall be the executive head of the department of defense and commanding general of the militia of the State. The adjutant general shall be appointed and be subject to removal as set forth in section 26-31. The adjutant general shall serve for the term as set forth in section 6, article V, of the Constitution. No person shall be eligible for appointment as adjutant general unless the person holds or has held a commission of at least a field grade officer, federally recognized as such, or its equivalent in the national guard, state defense force, or other branch of the armed forces of this or any other state or territory of the United States, or in the armed forces of the United States or a reserve component thereof and has served as a commissioned officer in one or more of the armed services for at least ten years.] There shall be an adjutant general of the State who shall be appointed and commissioned by the governor subject to confirmation by the senate and who shall serve at the pleasure of the governor. The adjutant general shall have such rank as may be conferred by the governor, but in no event shall this rank be higher than that of major general. The adjutant general shall be appointed from those persons who are, or have been, active commissioned officers in the Hawaii national guard, army or air, for a period of no less than four years, and who have attained, while serving therein, or in the national guard of the United States, a grade not lower than lieutenant colonel. The adjutant general shall receive the same pay as an officer of the active component service of corresponding grade with corresponding length of service."

"§121-11 Deputy adjutant general[.]; appointment and term. [The adjutant general may appoint and remove at the adjutant general's pleasure a deputy adjutant general, who shall have a grade no higher than brigadier general. The deputy adjutant general shall perform duties assigned to the deputy adjutant general by the adjutant general and shall act for and in the place of the adjutant general during the adjutant general's absence or disability.] There shall be a deputy adjutant general of the State who shall be appointed by the adjutant general and serve at the pleasure of the adjutant general. The deputy adjutant general shall have such rank as may be conferred by the governor, but in no event shall this rank be higher than that of brigadier general. The deputy adjutant general shall be appointed from those persons who are, or have been, active commissioned officers in the Hawaii national guard, army or air, for a period of no less than four years, and who have attained, while serving therein, or in the national guard of the United States, a grade not lower than lieutenant colonel. The deputy adjutant general shall receive the same pay as an officer of the active component service of corresponding grade with corresponding length of service."