Title 28, Military and Veterans
0 chapters · 178 sections in this title.
Colo. Rev. Stat. § 28-3-301 State staff - number and grades
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The state headquarters shall contain a staff and detachment and shall be divided into a department of the Army and a department of the Air Force. Each department shall be commanded by an officer of the Colorado National Guard. Said officer may be appointed by the governor to the …
Colo. Rev. Stat. § 28-3-302 Appointment of officers
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The officers of the state staff and detachment shall be selected and appointed by the adjutant general and commissioned by the governor if such appointees at the time of appointment shall have been, for at least three years immediately prior to appointment, a regularly commission…
Colo. Rev. Stat. § 28-3-303 Qualifications of officers
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Officers of the National Guard shall not be commissioned as such unless they have been selected from the classes of persons having the qualifications prescribed by federal law and have taken and subscribed to the oath of office prescribed by congress. Source: L. 55: p. 615, � 13.…
Colo. Rev. Stat. § 28-3-304 Commissions - examinations - assignments
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Any person appointed, promoted, and commissioned on or after April 14, 1955, as an officer of the National Guard shall successively pass such examinations and tests as to his or her physical, moral, and professional fitness as are prescribed by federal law. Officers shall be comm…
Colo. Rev. Stat. § 28-3-305 Officers' duties - administer oaths
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In addition to the powers and duties prescribed in this part 3, all officers of the National Guard shall have the same duties as officers of similar rank and position in the United States Army or the United States Air Force, as the case may be, insofar as may be authorized by fed…
Colo. Rev. Stat. § 28-3-306 Federal duty as continuous service
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Service by any person in the United States volunteers or in any of the armed forces of the United States in time of war, insurrection, or rebellion shall be considered as continuous service in the National Guard for all purposes regarding privileges and exemptions provided by law…
Colo. Rev. Stat. § 28-3-307 Supplies - indemnity bonds - depots
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Arms, ammunition, equipment, and stores shall be issued to the proper officers of each organization upon requisition as prescribed by federal law. The governor may require of the accountable officers such bonds as he or she deems necessary for securing the care and safety of prop…
Colo. Rev. Stat. § 28-3-308 Resignation of officers
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Commissioned officers and warrant officers may resign in such manner and under such circumstances as may be provided by federal laws or regulations. Source: L. 55: p. 616, � 18. CRS 53: � 94-9-18. C.R.S. 1963: � 94-1-18.
Colo. Rev. Stat. § 28-3-309 Officer's fitness - vacation of commissions
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The moral character, capacity, and general fitness for the service of any National Guard officer may be determined by an efficiency board as provided by federal law. Commissions or warrants of officers of the National Guard may be vacated upon resignation, absence without leave f…
Colo. Rev. Stat. § 28-3-310 Disbandment - surplus officers - disposition
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Officers of the National Guard rendered surplus by the disbandment of their organization shall be disposed of as provided by federal law. Source: L. 55: p. 617, � 20. CRS 53: � 94-9-20. C.R.S. 1963: � 94-1-20.
Colo. Rev. Stat. § 28-3-311 Officers - inactive status - procedure
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Officers may, upon their own application, be placed in the inactive National Guard as may be authorized by federal law. Source: L. 55: p. 617, � 21. CRS 53: � 94-9-21. C.R.S. 1963: � 94-1-21.
Colo. Rev. Stat. § 28-3-312 Retirement of officers
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Officers may voluntarily retire and be placed on the retirement list if they have qualified for such retirement under the provisions of federal law. Officers may be involuntarily retired and placed on the retirement list if under federal law such retirement becomes mandatory. Sou…
Colo. Rev. Stat. § 28-3-313 Termination of commission - recall
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Commissions of National Guard officers shall be terminated as provided by federal law, but, in time of war or other declared emergency, any officer who reaches retirement age may, in the discretion of the commander in chief, on the recommendation of the adjutant general, be conti…
Colo. Rev. Stat. § 28-3-314 Roll of retired officers
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Any commissioned officer of the National Guard who resigns or is retired and who has served as such officer for a period of not less than fifteen years, and any commissioned officer of the National Guard who has been honorably discharged from any of the armed forces of the United…
Colo. Rev. Stat. § 28-3-315 Retired officers - warrant officers - limited assignments
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The commander in chief may assign officers and warrant officers on the retired list to state active duty in recruiting, to serve upon courts-martial, courts of inquiry and board, to staff duty not involving service with troops, to be in charge of a military reservation left tempo…
Colo. Rev. Stat. § 28-3-316 Brevet commissions
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General and field officers of the National Guard who have, after twenty-five years' service, resigned or retired may, in the discretion of the commander in chief, on the recommendation of the adjutant general, be commissioned by brevet in the next higher grade than that held by t…
Colo. Rev. Stat. § 28-3-401 Enlistment periods - extensions
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Except as otherwise provided in this article or by federal law, original enlistments in the military forces shall be for a period of three years and subsequent enlistments for a period of one or three years. The governor may by order fix shorter periods of enlistment or reenlistm…
Colo. Rev. Stat. § 28-3-402 Enlistment contract - form - oath
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Every person enlisting in the military forces shall sign an enlistment contract in the form prescribed by the adjutant general and shall subscribe to the following oath or affirmation: I hereby acknowledge to have voluntarily enlisted this ............ day of ............ 20....,…
Colo. Rev. Stat. § 28-3-403 Group enlistments barred - when
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No civil association, society, club, post, order, fraternity, brotherhood, union, league, or other organized body shall be enlisted in the military forces as a unit. Source: L. 55: p. 619, � 29. CRS 53: � 94-9-29. C.R.S. 1963: � 94-1-29.
Colo. Rev. Stat. § 28-3-404 Honorable discharge
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An enlisted person discharged from service in the National Guard shall receive a discharge in writing in such form and with such classification as is prescribed by federal law, and in time of peace discharges may be given prior to the expiration of terms of enlistment under such …
Colo. Rev. Stat. § 28-3-405 Dishonorable discharge
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A dishonorable discharge from service in the National Guard shall operate as a complete expulsion from the guard, a forfeiture of all exemptions and privileges acquired through membership therein, and disqualification for any military office under the state. The names of all pers…
Colo. Rev. Stat. § 28-3-406 Exemption from arrest or civil process
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No member of the National Guard shall be arrested or served with any summons, order, warrant, or other civil process after having been ordered to any duty or while going to, attending, or returning from any place to which he or she is required to go for military duty; but nothing…
Colo. Rev. Stat. § 28-3-407 Retired noncommissioned officers - limited assignments
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The commander in chief may assign noncommissioned officers on the retired list to state active duty in recruiting, to serve upon courts-martial, courts of inquiry and board, to staff duty not involving service with troops, to be in charge of a military reservation left temporaril…
Colo. Rev. Stat. § 28-3-501 Nonliability for official acts
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The commanding officer of any of the military forces engaged in the suppression of an insurrection, the dispersion of a mob, or the enforcement of the laws shall exercise his or her discretion as to the propriety of firing upon or otherwise attacking any mob or other unlawful ass…
Colo. Rev. Stat. § 28-3-502 Actions against military personnel - defense counsel
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If a suit or proceeding is commenced in any court by any person against any officer of the military forces for any act done by such officer in his or her official capacity in the discharge of any duty under this article, or against any enlisted person acting under the authority o…
Colo. Rev. Stat. § 28-3-503 Actions against military personnel - cost bond
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Any person bringing an action or proceeding against a military officer of the state for any act done in the course of his or her official duty or against any person acting under the order or authority of such officer shall give security for the costs, disbursements, and reasonabl…
Colo. Rev. Stat. § 28-3-504 Exemption from traffic regulations
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The military forces of the United States and of the state and the adjutant general and general officers of such forces with official insignia displayed, while on any authorized duty, shall not be restricted by state or municipal traffic regulations and shall have the right-of-way…
Colo. Rev. Stat. § 28-3-505 Discrimination - public places and common carriers - penalty
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It is unlawful for any common carrier, innkeeper, proprietor, or lessee of any place of public amusement or entertainment or any agent, servant, or representative of any such common carrier, innkeeper, proprietor, or lessee as aforesaid to bar from the full and equal enjoyment of…
Colo. Rev. Stat. § 28-3-506 Discrimination against employment - penalty
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(1) (a) No person shall discriminate against any officer or enlisted person of the military forces of the state because of the officer or enlisted person's membership therein. (b) No employer or officer or agent of any corporation, company, or firm or other person shall: (I) Refu…
Colo. Rev. Stat. § 28-3-507 Interference with duty - arrest - penalty
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Any person who obstructs or interferes with a member of the National Guard in the performance of his or her duty may be placed under guard by the officer in command. As soon as possible, such officer shall either release such person or turn him or her over to any peace officer of…
Colo. Rev. Stat. § 28-3-601 Public employees - annual military leave
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(1) Subject to the conditions prescribed in sections 28-3-601 to 28-3-607, any officer or employee of the state or of any political subdivision, municipal corporation, or other public agency of the state who is a member of the National Guard or any other component of the military…
Colo. Rev. Stat. § 28-3-602 Public employees - extended military leave
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An officer or employee who is taking a leave of absence described in section 28-3-601 (1) is entitled to use any paid leave available to the officer or employee or to use unpaid leave. If an officer or employee uses paid leave and is required by proper authority to continue in mi…
Colo. Rev. Stat. § 28-3-603 Public employees - emergency military leave
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Subject to the conditions prescribed in this section, any officer or employee of the state or of any political subdivision, municipal corporation, or other public agency of the state who engages in active military service in time of war or other emergency declared by proper autho…
Colo. Rev. Stat. § 28-3-604 Reinstatement
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(1) Except as otherwise provided in sections 28-3-601 to 28-3-607, upon the completion of such service, an officer or employee must be reinstated in the public position that the officer or employee held at the time of entry into such service or a public position of like seniority…
Colo. Rev. Stat. § 28-3-605 Public officer - certificate for reinstatement
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Any public officer elected or appointed for a definite term who, before the expiration of such term, returns from military service under leave of absence without pay, in lieu of making written application for reinstatement as provided in section 28-3-604, shall file in the same o…
Colo. Rev. Stat. § 28-3-606 Public pension rights retained
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Any public officer or employee receiving leave of absence under the preceding sections and having rights in any state, municipal, or other public pension, retirement, or relief system shall retain all such rights accrued up to the time of taking such leave and shall have all righ…
Colo. Rev. Stat. § 28-3-607 Public employees - substitute during service
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If a public officer or employee is absent with leave under the provisions of the preceding sections and if it is necessary in the public interest to provide for the performance of the duties of his or her position during such absence, the authority having power to fill a vacancy …
Colo. Rev. Stat. § 28-3-608 Sections supplemental
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The rights and privileges granted by sections 28-3-601 to 28-3-607 are supplementary to and not exclusive of any other rights or privileges conferred by law on public officers or employees but shall not obtain in any case where the military services are constitutionally or legall…
Colo. Rev. Stat. § 28-3-609 Private employees - annual military leave
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Any person who is a duly qualified member of the Colorado National Guard or the reserve forces of the United States who, in order to receive military training with the armed forces of the United States, not to exceed the equivalent of three weeks of work on the person's regular w…
Colo. Rev. Stat. § 28-3-610 Private employees - benefits retained
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Such absence for military training will in no way affect the employee's right to receive normal vacation, sick leave, bonus, advancement, and other advantages of his or her employment normally to be anticipated in his or her particular position. Source: L. 55: p. 622, � 42. CRS 5…
Colo. Rev. Stat. § 28-3-611 Employer's noncompliance - actions
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Any employer violating any of the provisions of this part 6 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five thousand dollars. In addition, the employee may bring an action at law for damages and reasonable attorney fees f…
Colo. Rev. Stat. § 28-3-612 Federal law - rights - applicability
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Nothing in this article shall be construed as restricting or abrogating any right available to any officer or enlisted person of the military forces of the state under the federal Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. sec. 4301 et seq. Source: L. 20…
Colo. Rev. Stat. § 28-3-701 Misuse of property and funds by military personnel - penalty
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Any officer or enlisted person who refuses to account for and to surrender up any moneys or any uniforms or equipment or other military property for which he or she is responsible or accountable, or who appropriates the same to his or her own use, or who knowingly makes a false p…
Colo. Rev. Stat. § 28-3-702 Misuse of property - generally - penalty
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Every person, whether a member of the military forces or not, who willfully destroys, damages, sells or disposes of, or buys or receives any arms, equipment, or accouterments issued by the United States or the state for the use of military forces or refuses to deliver or pay for …
Colo. Rev. Stat. § 28-3-703 Property and fiscal officer - appointment - duties
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The governor, pursuant to federal authority, shall appoint, designate, or detail an officer of the National Guard who shall be regarded as property and fiscal officer for the United States. The property and fiscal officer shall serve at the pleasure of the governor. The property …
Colo. Rev. Stat. § 28-3-704 Uniforms and equipment - procurement and issuance
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The National Guard shall be uniformed, armed, and equipped as provided by federal law. Such uniforms, arms, and equipment shall be procured and issued by the proper officers as the needs of the service may require and shall be accounted for as regulations may prescribe. Source: L…
Colo. Rev. Stat. § 28-3-705 Uniforms and equipment - distribution and return
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The commanding officer of an organization receiving clothing or equipment for the use of his or her command shall distribute the same to the members of his or her command, taking receipts and requiring the return of each article at such time and place as he or she directs. Source…
Colo. Rev. Stat. § 28-3-706 Deductions from pay - forfeitures - lost equipment
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Legal fines or forfeitures and the value of any articles of uniform, arms, or equipment, whether state or federal, issued to any officer or enlisted person which he or she fails to return on demand of proper authority and for the loss of or damage to which he or she has been held…
Colo. Rev. Stat. § 28-3-801 Disability and death benefits
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A member of the military forces of the state of Colorado who dies or is disabled while in, or as a result of, active service on behalf of this state ordered by competent authority, which death or disability arises out of and in the course of his or her employment in the active se…
Colo. Rev. Stat. § 28-3-802 Unit funds
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(1) There is authorized to be created and maintained for each separate unit of the Colorado National Guard a unit fund. Expenditures from such unit fund shall be made in accordance with rules and regulations established by the adjutant general of the state of Colorado and applica…