Title 10, Health and Safety

(a) There is within the government of Guam the Department of Military Affairs. The administrative and executive head of the Department shall be the Adjutant General. The government of Guam shall provide adequate office space for the Department of Military Affairs. COL 2026-04-23 …

As used in this Division: (a) “Enlisted person” means all members of the Guam Army or Air National Guard who are not officers. (b) “Federal recognition” means enrollment in the Army National Guard of the United States and Reserve of the Army or Air National Guard of the United St…

The Department of Military Affairs shall be responsible for the management of all elements of the Guam National Guard not in active service of the United States. SOURCE: GC § 40002. Amended by P.L. 24-298:4 (Dec. 3, 1998), P.L. 28-046:2 (June 10, 2005).

Except when on active duty in the service of the United States, the Guam National Guard, or any part thereof, shall not leave Guam with arms or equipment without consent of I Maga’håga/Maga’låhi. SOURCE: GC § 40003. 2026 NOTE: Reference to the “Governor” replaced with I Maga’håga…

No member of the Guam National Guard shall use her/his position in, or affiliation with the Guam National Guard to promote or endorse any commercial venture, product or service not connected with the Guam National Guard, or to sponsor or support a political candidate, political p…

Any person who deprives a member of the National Guard of Guam of her/his employment, or attempts to prevent her/his being employed by herself/himself or another, because said member of the Guam National Guard is such a member, or dissuades any person from enlisting in, or joinin…

[Repealed.] SOURCE: GC § 40006; Amended by P.L. 21-146:2 (Jan. 12, 1993). Repealed by P.L. 23-041:2 (Sept. 29, 1995). CROSS-REFERENCE: 4 GCA § 4119 (Military Leaves of Absence: National Guard or Reserves) ARTICLE 2 ORGANIZATION, POWERS AND RESPONSIBILITIES

I Maga’håga/Maga’låhi is ex-officio Commander-in-Chief and shall have command of the Guam National Guard when not in active Federal service. During the absence of I Maga’håga/Maga’låhi, or a vacancy in the Office of I Maga’håga/Maga’låhi, the person legally acting I Maga’håga/Mag…

The Adjutant General shall be appointed by I Maga’hågan/Maga’låhen Guåhan, subject to the advice and consent of I Liheslaturan Guåhan, and shall have such rank and qualifications as I Maga’hågan/Maga’låhen Guåhan may prescribe, and he/she shall: (a) be, or have been, a Federally …

The Assistant Adjutant General for Army shall be recommended by the Adjutant General to I Maga’hågan/Maga’låhen Guåhan, and he shall: (a) be a citizen of the United States and shall have Guam as his or her Home of Record or served in the Guam National Guard for a term of not less…

The Assistant Adjutant General for Air shall be appointed by the Adjutant General and she/he shall: (a) Be a citizen of the United States and shall have Guam as his or her Home of Record or served in the Guam National Guard for a term of not less than five (5) years prior to appo…

The headquarters staff of the Department of Military Affairs shall consist of the Adjutant General, the Assistant Adjutants General for Army and Air, and such other offices as the Adjutant General, with the approval of I Maga’hågan/Maga’låhen Guåhan, shall establish. SOURCE: GC §…

The Guam National Guard shall consist of the Federally recognized commissioned officers, warrant officers and enlisted members, organized, armed and equipped as prescribed by the laws of the United States, and the regulations and tables of organization in conformity therewith, pu…

No member of the Guam National Guard shall wear any Army or Air Force uniform unless Federally recognized and no member shall wear the insignia other than that of her/his Federally recognized grade, nor other badges, emblems, decorations, awards or evidences of qualification unle…

No person shall be appointed and commissioned or warranted as an officer of the Guam National Guard unless he shall be qualified for immediate Federal recognition in the grade to which he is to be appointed and approved by the Adjutant General. If a person so appointed shall fail…

Every officer in the Guam National Guard shall at the time of accepting her/his commission, and before entering upon the duties of her/his office, take and subscribe to the following oath of office: “I _______________, do solemnly swear (or affirm) that I will support and defend …

Officers of the Guam National Guard shall be promoted only when eligible for Federal recognition in the grade to which promoted, upon recommendation of their commander and approval of the Adjutant General. SOURCE: GC § 40202. COL 2026-04-23

Commissions of officers of the Guam National Guard may be vacated: (a) By resignation if accepted by the Commander-in-Chief; (b) Be qualified for immediate Federal recognition as a colonel or lieutenant colonel; and (c) Pursuant to the sentence of a General Court-Martial; (d) Upo…

Any able-bodied person of good character who is capable of immediate Federal recognition shall be eligible for enlistment in the Guam National Guard, provided in a position is available for which he is qualified. SOURCE: GC § 40300.

Each person enlisting in the Guam National Guard shall take and subscribe to the following oath: “I, _______________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Organic Act of Guam against all enemies, foreign and do…

Enlisted persons of the Guam National Guard shall be promoted only when eligible for Federal recognition in the grade to which promoted, upon recommendation of their commander and approval of the Adjutant General. COL 2026-04-23 SOURCE: GC § 40302.

Terms of enlistment of enlisted persons of the Guam National Guard may be terminated by: (a) Expiration of enlistment; (b) Withdrawal of Federal recognition in accordance with Federal law or regulations; (c) Pursuant to the sentence of a General or Special Court-Martial; (d) Upon…

(a) The Commander-in-Chief may in time of war, insurrection, rebellion, riot or imminent danger thereof, or in time of any state emergency, order the Guam National Guard, or any part thereof, into active military service of Guam, except when such members of the Guam National Guar…

In no case shall the Guam National Guard, or any part thereof, be used against any labor organization, or for the purpose of strike breaking within Guam except such as shall be necessary in an emergency proclaimed by I Maga’håga/Maga’låhi to maintain law and order. SOURCE: GC § 4…

When in the actual service of Guam under orders of the Commander-in-Chief, officers of the Guam National Guard, except officers on permanent duty receiving regular pay, and enlisted personnel shall receive for each day’s service, or fraction thereof, the same basic pay and allowa…

Transportation for all members of the Guam National Guard on duty and receiving pay under § 63502 of this Chapter shall be furnished by Guam either in-kind or by reimbursement. Lodging and subsistence will be furnished in-kind or by reimbursement when it is determined by the Adju…

The service of all officers and enlisted persons of the Guam National Guard, while on Guam duty and lawfully performing the same, shall be deemed to be “public employment” within the terms of 22 GCA § 9103(p), the Worker’s Compensation Law. SOURCE: GC § 40404. 2026 NOTE: Referenc…

Whenever a claim is to be computed under the Worker’s Compensation Law, as provided in § 63504 of this Article, because of injury or death of any officer or enlisted person of the Guam National Guard as such, it shall be computed on the basis of the active duty pay of such person…

Physicians attending cases of injury or illness incurred by a member of the Guam National Guard in the line of duty under § 63500 of this Article shall receive reasonable compensation for each case as the circumstances may warrant and as approved by the Adjutant General. SOURCE: …

The government of Guam shall maintain adequate armories, shops, ranges and sites suitable for training, assembly, maintenance, storage and other purposes as may be required for each unit of the Guam National Guard; such buildings and sites may be leased, constructed or financed o…

Each facility shall be subject to the order of the Adjutant General and under direct charge of the commanding officer of the unit occupying the same; such facility may house all property, arms or equipment issued to the unit occupying the same. SOURCE: GC § 40501.

Subject to such regulations as are promulgated by the Adjutant General, the individual facilities may be used for reasonable and legitimate civilian activities so long as such activities do not interfere with their military purposes. Proceeds, if any, received from the civilian u…

This Article shall be known and may be cited as the “Guam National Guard Code of Military Justice.”

As used in this Code: (a) “Accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. (b) “Ac…

(a) This Code applies to each member of the Guam military forces on duty status who is not in federal service. It also applies during the period of time in which he was under lawful order to be in a duty status. (b) It also applies to any person who has the capacity to understand…

(a) Each person discharged from the Guam military forces who is later charged with having fraudulently obtained his discharge is, subject to § 63720.9 of this Code, subject to trial by court-martial on that charge and is, after apprehension, subject to this Code while in custody …

(a) This Code applies in all places. It also applies to all persons otherwise subject to this Code while they are serving outside the Guam, and while they are going to and returning from such service outside the Guam, in the same manner and to the same extent as if they were serv…

(a) Appointment. (1) The Adjutant General shall appoint an officer of the Guam military forces as Guam Judge Advocate General. To be eligible for appointment, an officer must have graduated from an ABA accredited law school, be a member in good standing of a bar of a Federal Cour…

(a) Definition. “Apprehension” is the taking of a person into custody. (b) Who may apprehend. Any person authorized by this Code, or by regulations issued under it, and/or any marshal of a court-martial appointed pursuant to the provisions of this Code, and any peace officer havi…

Any civil officer having authority to apprehend offenders under the laws of the United States or a State, Territory, Commonwealth of the United States or the District of Columbia may summarily apprehend a deserter from the Guam military forces and deliver him into the custody of …

(a) Definition of Arrest and Confinement. (1) “Arrest” is the restraint of a person by an order, not imposed as punishment for an offense, directing him to remain within certain specified limits. (2) “Confinement” is the physical restraint of a person. (b) Restraint of enlisted m…

Any person subject to this Code charged with an offense under this Code shall be ordered into arrest or confinement, as circumstances may require; but when charged with an offense normally processed as nonjudicial punishment, such person shall not ordinarily be placed in confinem…

(a) No provost marshal, commander of a guard, master at arms, warden, keeper, or officer of a Guam jail, lockup or correctional facility designated under § 63710 of this Code, may refuse to receive or keep any prisoner committed to his charge, when the committing person furnishes…

Subject to § 63720.19 of this Code, no person, while being held for trial or the result of trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigo…

(a) Under such regulations as may be prescribed under this Code, a person subject to this Code who is on duty status who is accused of an offense against civil authority may be delivered, upon request, to the civil authority for trial. (b) When delivery under this article is made…

(a) Limiting Regulations. Under disciplinary regulations as the Adjutant General may promulgate, limitations may be placed on the powers granted by this Article with respect to the kind and the amount of punishment authorized, the categories of commanding officers and warrant off…

(a) The three kinds of courts-martial in each of the Guam military forces are: (1) General Court-Martial, which shall consist of: (A) a military judge and not less than five (5) members; or (B) only a military judge, if before the court is assembled the accused, knowing the ident…

Each Armed Force of Guam has court-martial jurisdiction over all persons subject to this Code. The exercise of jurisdiction by one force over personnel of another force shall be in accordance with regulations of the Guam military forces. All persons subject or who become subject …

(a) Subject to § 63716.1 of this Code, general courts-martial have jurisdiction to try persons subject to this Code for any offense made punishable by this Code and may, under such limitations as the regulations of the Guam military forces may prescribe, adjudge any of the follow…

(a) Subject to § 63716.1 of this Code, special courts-martial have jurisdiction to try persons subject to this Code, except commissioned officers, for any offense for which they may be punished under this Code. A special court-martial has the same powers of punishment as a genera…