11 chapters · 101 sections in this title.
D.C. Code § 49-101 Drill, parade, encampment or required duty
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Any drill, parade, encampment or duty that is required, ordered, or authorized to be performed under the provisions of this title, shall be deemed to be a military duty, and while on such duty every officer and enlisted man of the National Guard shall be subject to the lawful ord…
D.C. Code § 49-102 Prescribing drills
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The Commanding General shall prescribe such stated drills and parades as he may deem necessary for the instruction of the National Guard, and may order out any portion of the National Guard for such drills, inspections, parades, escort, or other duties, as he may deem proper. The…
D.C. Code § 49-103 Suppression of riots
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When there is in the District of Columbia a tumult, riot, mob, or a body of men acting together by force with attempt to commit a felony or to offer violence to persons or property, or by force or violence to break and resist the laws, or when such tumult, riot, or mob is threate…
D.C. Code § 49-104 Excuse for physical disability; penalty for absence
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No officer or soldier of the National Guard, when ordered on duty to aid the civil authorities, or when ordered into the service of the United States in obedience to the call or order of the President, shall be excused from such duty except upon the certificate of the surgeon of …
D.C. Code § 49-105 Parades to have right-of-way
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The United States forces or troops, or any portion of the militia, parading, or performing any duty according to law, shall have the right-of-way in any street or highway through which they may pass; provided, that the carriage of the United States mails, the legitimate functions…
D.C. Code § 49-106 Rules for parades and encampments
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Every commanding officer, when on duty, may ascertain and fix necessary bounds and limits to his parade or encampment. Whoever intrudes within the limits of the parade or encampment after being forbidden, or whoever shall interrupt, molest, or obstruct any officer or soldier whil…
D.C. Code § 49-107 Camp duty
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The National Guard shall perform not less than 6 consecutive days of camp duty in each year, at such time as may be ordered by the Commanding General, and the Quartermaster General of the militia, subject to the approval of the Commanding General, shall provide, by rental or othe…
D.C. Code § 49-201 Issuance by Department of Army
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The uniforms, arms, and equipments of the National Guard shall as far as practicable be the same as prescribed and furnished to the regular Army. Every organization of the National Guard shall be provided with such ordnance and ordnance stores, clothing, camp and garrison equipag…
D.C. Code § 49-202 Regulations for reissue of equipment by Commanding General
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The Commanding General may transfer all public property, received by him for the use of the National Guard under the provisions of this chapter, to the several departmental officers of the general staff, and may make and prescribe regulations for its issue by them, and for its ca…
D.C. Code § 49-203 Personal liability for equipment; determination of value of lost equipment
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Every officer and enlisted man to whom property of the United States has been issued shall be personally responsible to the United States for such property, and no one shall be relieved from such responsibility except it be shown to the satisfaction of the Commanding General that…
D.C. Code § 49-204 Returns of equipment
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Every officer receiving public property for military use shall be accountable for the articles so received by him, and shall make returns of such property at such times, in such manner, and on such forms as may be prescribed. He shall be liable to trial by court-martial for negle…
D.C. Code § 49-205 Penalty for selling, pawning, injuring, or retaining public property
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Any officer or soldier who shall sell, dispose of, pawn or pledge, willfully destroy or injure, or retain after proper demand made, any public property issued under the provisions of this title, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment for no…
D.C. Code § 49-206 Transfer of property on promotion, retirement, or dismissal
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Upon the promotion, tender of resignation, retirement, or dismissal of any officer who is responsible or accountable for public property, the Commanding General of the militia shall designate an officer to accept and receipt for such property, and direct the officer responsible o…
D.C. Code § 49-207 Failure to transfer property; verification by surveying officer
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Should any officer responsible or accountable for public property, after receiving instructions to transfer the same as aforesaid, fail to make proper transfer as directed within 30 days or any authorized extension of that period, the heads of the respective staff departments exe…
D.C. Code § 49-208 Defective accounts; surveying officer to fix responsibility
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Should any officer responsible or accountable for public property, after receiving instructions to transfer the same and close his accounts as aforesaid, fail to close his accounts to the satisfaction of the Commanding General, the heads of the respective staff departments exerci…
D.C. Code § 49-209 Surveying officer to be appointed upon death or desertion of accounting officer
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In the event of the death or desertion of any officer accountable for public property the Commanding General shall direct that a surveying officer be appointed, and also designate an officer to receive such property. Said surveying officer shall ascertain and verify all public pr…
D.C. Code § 49-210 Liability of officer or his estate until accounts are found correct
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Until an officer or his legal representative shall have received notice that the property accounts of such officer have been examined and found correct the liability of such officer or of his estate for public property for which he is or may have been responsible or accountable s…
D.C. Code § 49-211 Liability of officer’s estate for property lost, injured, or destroyed
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Compensation for any public property defaced, injured, lost, or destroyed through the neglect or default of a deceased officer may be recovered from his estate in the manner provided in § 49-205.
D.C. Code § 49-212 Distinctive uniforms
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Any organization of the active militia may, with the approval of the Commanding General, and at its own expense, adopt any other uniform than that issued to it; but such uniform shall not be worn when such organization is on duty under the orders of the Commanding General except …
D.C. Code § 49-213 Right to own personal property; actions for injuries
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Organizations of the National Guard shall have the right to own and keep personal property, which shall belong to and be under the control of the active members thereof; and the commanding officer of any organization may recover for its use any debts or effects belonging to it, o…
D.C. Code § 49-214 Armories to be provided
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The Quartermaster General of the militia shall provide, by rental or otherwise, such armories for the National Guard as may be allowed and directed by the Commanding General. He shall also provide each organization with such lockers, closets, gun racks, and cases or desks as may …
D.C. Code § 49-215 Annual inspections
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An annual inspection and muster of each organization of the National Guard, and an inspection of their armories and of public property in their possession, shall be made at such times and places as the Commanding General may order and direct.
D.C. Code § 49-216 Use of Fort Lesley J. McNair
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National Guard shall have the use of the drill grounds and rifle range at Fort Lesley J. McNair, subject to the approval of the Secretary of the Army, and the Commanding General of the militia shall provide such additional targets and accessories as may be necessary for the use o…
D.C. Code § 49-217 Purchase of supplies
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The purchase of supplies and the procurement of services for all branches of the District of Columbia militia service may be made in open market, in the manner common among businessmen, when the aggregate of the amount required does not exceed $100.
D.C. Code § 49-301 Commanding General
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(a) There shall be appointed and commissioned by the President of the United States a Commanding General of the militia of the District of Columbia with the rank of brigadier general, or major general, who shall hold office until his successor is appointed and qualified, but may …
D.C. Code § 49-302 Staff officers; noncommissioned staff
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The staff of the militia of the District of Columbia shall be appointed and commissioned by the President. It shall consist of one Adjutant General, one Inspector General, one Quartermaster General, one Commissary General, one Chief of Ordnance, one Chief Engineer, one Surgeon Ge…
D.C. Code § 49-303 Qualifications of staff officers; tenure; vacancies
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It is hereby provided that staff officers, including officers of the pay, inspection, subsistence, and medical departments, appointed in the National Guard of the District of Columbia, shall have had previous military experience and shall hold their positions until they shall hav…
D.C. Code § 49-304 Adjutant General
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The President may assign an officer of the Army to act as Adjutant General of the militia of the District of Columbia, who, while so assigned, shall be commissioned as such and be subject to the orders of the Commanding General and the provisions of this title; provided, however,…
D.C. Code § 49-305 Officers
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All officers shall be commissioned by the President of the United States, on the recommendation of the Commanding General. They shall be nominated as herein provided. No person commissioned as an officer shall assume such rank or enter upon the duties of the office to which he ma…
D.C. Code § 49-306 Officers of staff departments
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The officers of the staff departments, staff corps, and the organizations created by this chapter when organized, shall be nominated by the Commanding General, subject to the examination required by law.
D.C. Code § 49-307 Filling vacancies above the grade of 2nd lieutenant
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Vacancies occurring in the cavalry, coast artillery corps, field artillery, and infantry above the grade of 2nd lieutenant shall, subject to the examination required by law, be filled by promotion according to seniority from the next lower grade in the troop, the separate company…
D.C. Code § 49-308 Appointments to grade of 2nd lieutenant
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All appointments to the grade of 2nd lieutenant shall be from the enlisted men, under regulations prescribed by the Commanding General, and subject to the examination required by law.
D.C. Code § 49-309 Examinations for promotion; failure to appear; retirement for disability
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The Commanding General is authorized to prescribe a system of examination to be conducted at such times anterior to the accruing of the right to promotion as may be best for the interest of the service. If any officer fails to appear for examination within 30 days after notificat…
D.C. Code § 49-310 Examinations for 2nd lieutenants
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The Commanding General is authorized to prescribe a system of examination of enlisted men to determine their fitness for promotion to the grade of 2nd lieutenant.
D.C. Code § 49-311 Special examination of officer’s capability
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(a) Whenever, in the opinion of the Commanding General of the militia of the District of Columbia, an officer of the said militia has become incapacitated for the performance of duty for any reason, the Commanding General shall submit the name of such officer to the Secretary of …
D.C. Code § 49-312 Retirement of commissioned officer
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Any commissioned officer in the National Guard of the District of Columbia who shall have served as such in the National Guard of the District of Columbia for the continuous period of 10 years may, upon his own application, be placed by the President of the United States upon a r…
D.C. Code § 49-313 Discharge of commissioned officer
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(a) A commissioned officer may be honorably discharged: (1) Upon tender of resignation; (2) Upon disbandment of the organization to which he belongs; or (3) Upon report of a board of examination, or for failure to appear before such board when ordered. (b) He may be dismissed upo…
D.C. Code § 49-401 Militia; persons to be enrolled
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Every able-bodied male citizen resident within the District of Columbia, of the age of 18 years and under the age of 45 years, excepting persons exempted by § 49-402, and idiots, lunatics, common drunkards, vagabonds, paupers, and persons convicted of any infamous crime, shall be…
D.C. Code § 49-402 Exemptions from service
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In addition to the persons exempted from enrollment in the militia by the general laws of the United States, the following persons shall also be exempted from enrollment in the militia of the District of Columbia, namely: Officers of the government of the District of Columbia; ju…
D.C. Code § 49-403 Assessors to make list of persons liable to enrollment
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The Mayor of the District of Columbia shall provide for the enrollment of the militia, and for this purpose may require the assessors of taxes, at the same time they are engaged in taking the assessment of valuation of real and personal property, to make a list of persons liable …
D.C. Code § 49-404 Duty of enrolled militia; police and fire department personnel
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The enrolled militia shall not be subject to any duty except when called into the service of the United States, or to aid the civil authorities in the execution of the laws or suppression of riots. However, if the enrolled militia is called to aid the civil authorities, who alrea…
D.C. Code § 49-405 Ordering enrolled militia into service
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Whenever it shall be necessary to call out any portion of the enrolled militia the Commander-in-Chief shall order out, by draft or otherwise, or accept as volunteers as many as required. Every member of the enrolled militia who volunteers, or who is ordered out or drafted under t…
D.C. Code § 49-406 Organized militia; volunteer service; designation
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The organized militia shall be composed of volunteers, and shall be designated the National Guard of the District of Columbia.
D.C. Code § 49-407 Reserve corps; organization; composition
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A reserve corps of the National Guard of the District of Columbia is hereby organized, to consist of honorably discharged officers and men of the Army, the Navy, the Air Force, and the Marine Corps of the United States, honorably discharged officers and men of the organized milit…
D.C. Code § 49-408 Disbanding companies below minimum strength
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When any company of the National Guard shall, for a period of not less than 90 days, contain less than the required number of enlisted men, or upon a duly ordered inspection, shall be found to have fallen below a proper standard of efficiency, the Commanding General may, with con…
D.C. Code § 49-409 President to be Commander-in-Chief
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The President of the United States shall be the Commander-in-Chief of the militia of the District of Columbia.
D.C. Code § 49-431 District of Columbia National Guard Morale, Welfare, and Recreation Association
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(a) All commissioned officers, warrant officers, and enlisted personnel of the District of Columbia National Guard, including retired personnel, may organize themselves into an association, the name of which shall be the District of Columbia National Guard Morale, Welfare, and Re…
D.C. Code § 49-432 Military corporations; establishment, membership, purpose, and powers
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(a) The officers, the enlisted personnel, or the officers and enlisted personnel of an organization or unit of the District of Columbia National Guard (“DCNG”), may organize themselves into a military corporation for social purposes and for the purpose of holding, acquiring, and …
D.C. Code § 49-433 Unit and company funds
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(a)(1) There is authorized to be created and maintained for each separate unit of the District of Columbia National Guard a unit fund. Expenditures from such unit fund shall be made in accordance with rules and regulations established by the Commanding General of the District of …
D.C. Code § 49-434 Youth ChalleNGe Participant Support Fund
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(a) The Commanding General of the DCNG may establish a Youth ChalleNGe Participant Support Fund (“ChalleNGe Fund”) for the purpose of assisting in the purchase and provision of materials, supplies, and equipment for participants of the DCNG Youth ChalleNGe program. To facilitate …