Chapter 33

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Commander-in-chief'', the governor of the commonwealth. ''Enlisted person'', a member, other than a commissioned officer or a warrant offi…

Section 10. The armed forces of the commonwealth shall consist of the active drilling national guard, army and air, the inactive national guard, army and air, and, whenever necessary, a state defense force or similar organization composed as the commander-in-chief may prescribe.

Section 101. Except as otherwise provided, units of the military forces of the commonwealth shall be provided, at the expense of the commonwealth, with the individual and unit clothing and equipment necessary for their proper training and performance of military duties. Individua…

Section 102. Individual and unit clothing and equipment so provided shall be used only for military purposes, under regulations promulgated by the commander-in-chief, who shall provide how and where such property shall be kept and used, and shall be returned when directed by the …

Section 103. An officer or enlisted person shall be responsible for the proper care, safekeeping and return, when so directed, of all items of military property issued by the United States or the commonwealth. Service members shall use the items of military property for military …

Section 105. An officer or enlisted person of the military forces of the commonwealth who damages, loses through carelessness or neglect, carries away or unlawfully disposes of military property of the United States or of the commonwealth, shall be charged with the money value th…

Section 107. A person who knowingly purchases, retains or has possession of any item of military property of the United States or the commonwealth, unless the military property was issued to the person or is in possession in accordance with law, shall be punished by a fine not to…

Section 108. An officer or noncommissioned officer of the armed forces of the commonwealth to whom monies or public property are at any time issued may be required to give bond to the commonwealth, in an amount and with such sureties as may be determined by the adjutant general a…

Section 109. The adjutant general may arrange for such schedule bond as the adjutant general considers advisable to take the place of individual bonds required by law from any officer or officers or noncommissioned officer or officers of the armed forces of the commonwealth. Each…

Section 11. The national guard, army or air, shall consist of such organizations and units as the commander-in-chief may authorize to be formed, all to be organized in accordance with the laws of the United States affecting the national guard, army and air, and the regulations is…

Section 110. The premium due to any surety company for acting as surety on any bond given under the provisions of sections fifteen, one hundred and eight and one hundred and nine shall be paid by the commonwealth.

Section 111. (a) A service member shall be responsible for military property of the United States and the commonwealth that the service member receives and the service member shall not sell, loan or transfer the military property or any part of the property without the authority …

Section 112. (a) An officer of the military forces of the commonwealth, upon vacating an office, shall turn over to an immediate successor or other officer designated by the commander-in-chief all records, reports and military property in the officer's possession belonging or in …

Section 113. A state surveying officer or a board of officers designated by the commander-in-chief shall inspect and condemn military property of the commonwealth unfit for use. No such property shall be sold or otherwise disposed of until it has been inspected and condemned, and…

Section 114. The commander-in-chief may lease to, or permit to be used by, the armed forces of the United States, military property belonging to the commonwealth, upon such terms and conditions as will fully protect the interests of the commonwealth.

Section 116. The adjutant general, with the approval of the commander-in-chief, may accept on behalf of the commonwealth any gift or bequest of personal property to or for the use of the military forces of the commonwealth, and shall forthwith transfer any money or securities so …

Section 117. Cities and towns shall provide for units of the armed forces of the commonwealth not provided with a state armory or air installation, and permanently stationed within their limits, adequate facilities, including a suitable hall for the purpose of drill, and suitable…

Section 118. For each armory, air installation or adequate facility maintained by a city or town, or privately owned, there shall annually be allowed and paid by the commonwealth such rental as has been mutually agreed upon.

Section 119. The mayor or city manager of a city, or the selectmen of a town, providing an armory, air installation or adequate facilities for the use of the armed forces of the commonwealth, shall annually submit, on or before June first, to the state quartermaster, through the …

Section 12. No person shall be discriminated against or be segregated in the military forces of the commonwealth because of race, color, religious creed, sexual orientation or national origin.

Section 120. When any armory or air installation is furnished by the commonwealth in any city or town, the adjutant general shall notify the city or town where such armory or air installation lies, and thereupon all obligations of said city or town as to said armory or air instal…

Section 122. The adjutant general may lease, rent or permit the use of an armory or part thereof for nonmilitary purposes, by any federal or state governmental entity, or any other user, under such restrictions and for such compensation, if any, as the adjutant general may by reg…

Section 126. The armory commission shall rebuild, remodel or repair state armories or air installations damaged or destroyed and may reconstruct, remodel, enlarge or otherwise improve existing state armories or air installations if it deems the needs of the service so require. Th…

Section 13. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Benefit of employment'', shall have the same meaning as defined in 38 U.S.C. section 4303 (2) and shall include a workplace free of c…

Section 130. The commander-in-chief may prescribe rules and regulations under which bodies of citizens of the United States, or foreign troops to whose admission to the United States the government of the United States has consented, may drill or parade with firearms or harmless …

Section 131. Whoever violates any provision of section one hundred and twenty-nine or one hundred and thirty shall be punished by a fine of not more than $500 or by imprisonment for not more than six months, or both.

Section 132. This chapter shall not affect the right of the Ancient and Honorable Artillery Company of Massachusetts to maintain its organization as a military company and its constitution and by-laws in so far as the same are not repugnant to the laws of the commonwealth or of t…

Section 133. Civil officers named in this chapter who neglect or refuse to obey any of its provisions shall, except as otherwise expressly provided, forfeit not less than $200 nor more than $500.

Section 134. The First Corps of Cadets and the Second Corps of Cadets shall be organized as the commander-in-chief directs, and may retain their respective names, the right to wear such distinctive uniforms as may be approved from time to time by the commander-in-chief, and retai…

Section 135. The adjutant general may appoint delegates from the National Guard Association of Massachusetts, Inc. to represent the national guard, army and air, of the commonwealth at the annual conventions of the National Guard Association of the United States. Said adjutant ge…

[There is no 33:136.]

Section 137. There shall be a Massachusetts national guard education assistance program. The program shall be administered by the military division which may issue a certificate of exemption from the matriculation fee and tuition to any member of the Massachusetts army or air nat…

Section 137A. (a) For the purposes of this section the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Availability of seats'', vacancies that exist in a course after the enrollment of all tuition-paying students and all studen…

Section 138. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Chief'', the chief of the Joint Base Cape Cod fire department. ''Department'', the Joint Base Cape Cod fire department. ''Joint Base …

Section 139. Subject to conditions and limitations as promulgated in regulations by the commander-in-chief, the national guard may use all appropriate means necessary to protect assets vital to national security classified as such according to rules, regulations or instructions p…

Section 13A. (a) As used in this section, the following terms shall, unless context clearly requires otherwise, have the following meanings:— ''Military service'', shall have the same meaning as defined in the federal Servicemembers Civil Relief Act, 50 U.S.C. App. section 511 (2…

Section 14. The aides-de-camp of the commander-in-chief shall consist of such appointed or detailed aides as the commander-in-chief deems necessary. Officers detailed under this section shall not be relieved from their ordinary national guard duties and may be removed at any time…

Section 15. (a) The state staff shall consist of 1 adjutant general, with the grade of major general, who shall be the military chief of staff to the commander-in-chief and the chief of the state staff and the officers provided for in this section, each of whom shall perform thei…

Section 19. (a) There is hereby established the Massachusetts Military Academy, hereinafter called the academy, which shall offer to selected enlisted persons and officers of the armed forces of the commonwealth of satisfactory educational and military attainments such courses of…

Section 19A. The armory commission established by section 18 of chapter 6 shall be within the military division.

Section 2. The militia of the commonwealth shall consist of: (i) all able-bodied citizens and all other able-bodied persons who have declared their intention to become citizens of the United States, between the ages of 18 and 65, and who are residents of the commonwealth; and (ii…

Section 20. A person shall not be eligible for appointment or to be appointed as an officer in the armed forces of the commonwealth if the individual is: (i) not a citizen of the United States and 18 years of age or over; (ii) under sentence of a court or board which disables suc…

Section 21. No person shall be eligible to appointment, or be appointed, as the state judge advocate or the state surgeon unless duly registered in accordance with the laws of the commonwealth, and complies with its laws relative to the practice of the profession. No person shall…

Section 22. Subject to Article LIII of the Articles of Amendment of the Constitution, a person certified as eligible for any specific grade in the National Guard, army or air under the laws of the United States and who is a graduate of the Massachusetts Military Academy shall be …

Section 23. All officers shall be appointed by the commander-in-chief upon the recommendation of appropriate commanders, approved by superior commanders.

Section 24. Every commissioned officer, before entering upon the performance of official duties or exercising any command, shall take and subscribe the following oath and declaration: I, , do solemnly swear that I will bear true faith and allegiance to the commonwealth of Massach…

Section 25. No person commissioned as an officer or appointed as a warrant officer in the national guard, army or air, shall enter upon the performance of official duties or exercise any command unless possessing such minimum qualifications, and shall have passed such other tests…

Section 27. Seniority of officers of the same grade shall be determined by their date of rank, which shall be their date of appointment. Between officers of the same grade and date of rank the relative rank shall be determined by considering dates of rank in lower grades in the a…

Section 28. Officers shall provide themselves with uniforms and equipment prescribed by the commander-in-chief.

Section 29. (a) At any time, the moral character, capacity and general fitness for the service of any service member may be investigated and determined by an efficiency board of 3 commissioned officers, senior in rank to the service member and designated by the commander-in-chief…