Chapter 33

Section 3. The militia shall consist of two classes, namely, the organized militia, composed and organized as provided in this chapter, and the remainder, to be known as the unorganized militia. The unorganized militia shall not be subject to duty except in case of war, actual or…

Section 30. Service members discharged from the service of the commonwealth shall be entitled to a certificate of discharge, in such form as the commander-in-chief shall direct.

Section 31. An officer or noncommissioned officer in the armed forces of the commonwealth at the age of 65 shall be honorably discharged or, upon request by such officer and pursuant to the eligibility requirements of this section, placed upon the retired list with the highest gr…

Section 32. The commander-in-chief may order any member of the military forces of the commonwealth before a medical board, consisting of at least 3 medical officers, and if the board reports such member of the military forces of the commonwealth to be physically unable to perform…

Section 33. Retired officers and non-commissioned officers shall be placed on the retired list by the commander-in-chief, by regulations promulgated by the commander-in-chief, and on occasions of ceremony may, and when acting under orders as hereinafter provided shall wear the un…

Section 34. The commander-in-chief may, by regulations, prescribe the requirements for the enlistment, service and discharge of enlisted personnel.

Section 35. The commander-in-chief shall provide, by regulations, how and by whom noncommissioned officers and other enlisted personnel shall be appointed, promoted and reduced.

Section 36. A dishonorable discharge shall be given only to carry out the sentence of a court-martial.

Section 38. The commander in chief may order out any part of the organized militia for escort and other duties including special duty and emergency assistance to state and local civil authorities in the preservation of life and property.

Section 39. Except by order of the commander-in-chief, or with the commander-in-chief's consent, no unit of the armed forces of the commonwealth shall be ordered without the limits of the commonwealth or leave the commonwealth for any period or purpose whatever, with military pro…

Section 4. The active or organized militia shall be composed of volunteers, and shall comprise the aides-de-camp of the commander-in-chief, the state staff, the armed forces of the commonwealth, as defined in section 10, the National Lancers, the 54th Massachusetts Volunteer Regi…

Section 40. The commander-in-chief shall order out the armed forces to repel an invasion or to suppress an insurrection made or threatened.

Section 41. (a) The commander-in-chief may issue an order directed to the commander of any organization or unit of the armed forces of the commonwealth directing the command, or any part thereof, to appear at a time and place specified in the order to aid the civil authority in s…

Section 43. Whenever practicable all orders issued under section forty-one shall be in writing and signed by the commander-in-chief or a designated representative. Such orders shall set forth the purpose to be accomplished by the military officer to whom addressed, but shall not …

Section 44. The officer to whom the order of the commander-in-chief is directed shall forthwith order the troops therein called for to appear at the time and place appointed, and shall immediately notify the commander-in-chief of his order, in the most expeditious manner, through…

Section 46. Armed forces of the commonwealth shall appear at the time and place appointed by the order, issued under section 41, armed and equipped and shall obey and execute the orders received or any additional orders received from the commander-in-chief.

Section 47. No officer or enlisted person of the armed forces of the commonwealth, not on leave of absence, shall be excused from duty if ordered to duty under section 38, 40 or 41 except upon a physician's certificate of disability.

Section 48. The commander-in-chief may expend for carrying out the provisions of sections thirty-eight, forty, forty-one, fifty-four, sixty and sixty-one, such sums as may be appropriated therefor.

Section 49. Upon the termination of any service of the armed forces of the commonwealth under an order of the commander-in-chief, the adjutant general or a designated representative shall certify to the state treasurer the expense of said service, and the state treasurer shall th…

Section 4A. The National Lancers shall be organized as the commander-in-chief directs and may retain their name and the right to wear distinctive uniforms; provided, however, that such uniforms shall be approved by the commander-in-chief. The National Lancers may retain their met…

Section 4B. The 54th Massachusetts Volunteer Regiment shall be organized as the commander-in-chief directs and may retain their name and the right to wear distinctive uniforms; provided, however, that such uniforms shall be provided by the adjutant general. The 54th Massachusetts…

Section 5. The commander-in-chief may make and publish regulations for the government of the organized militia in accordance with law.

Section 50. (a) The armed forces of the United States and any part of the armed forces of the commonwealth parading or performing any duty according to law shall have the right of way in any street or highway through which they may pass, and drivers of military vehicles may drive…

Section 51. When on duty under orders of the commander-in-chief, the military forces of the commonwealth may enter upon and occupy any public or private lands within the commonwealth for the necessary purposes of such duty, and no officer or enlisted person shall thereby become l…

Section 52. In the case of land entered upon under section fifty-one for an encampment or other substantial occupancy, the owner thereof shall receive damages in the nature of compensation for the use of the land and for any injury to the same resulting from such occupancy; and i…

Section 53. No officers or enlisted persons shall be liable, either civilly or criminally, for any damage to property or injury to any person, including consequential death, caused by them or by their order, while performing any military duty lawfully ordered under this chapter, …

Section 54. When the entire armed forces of the commonwealth have been ordered out under section 40 or 41 and a further force is required, it may be taken from the unorganized militia, as provided in section fifty-five.

Section 55. When necessary to call out any part of the unorganized militia for duty, the commander-in-chief shall issue a proclamation directed to the mayors or city managers and selectmen, who shall forthwith, by written order or oral notice to each individual, or by proclamatio…

Section 56. The part of the unorganized militia so drafted or accepted shall immediately be mustered under the orders of the commander-in-chief into the service of the commonwealth for three years, or for such less period as the commander-in-chief may direct, and shall be organiz…

Section 59. (a) An employee of the commonwealth in the service of the armed forces of the commonwealth, the armed forces of another state or a reserve component of the armed forces of the United States shall be entitled to receive pay without loss of ordinary remuneration as a pu…

Section 6. The commander-in-chief may raise volunteer units when they are needed to maintain the military forces of the commonwealth at the strength and of the composition required or permitted by law.

Section 60. The armed forces of the commonwealth shall perform during each prescribed training year not less than fifteen days' training under service conditions at times and places designated by duly authorized orders.

Section 61. (a) In addition to the duty required by sections 38, 40, 41 or 60, every unit of the armed forces of the commonwealth, except the state defense force, in active national guard or a similar organization composed as permitted by law, shall assemble for training at least…

Section 62. Organization commanders may hold meetings of instruction for the officers of their commands four times each year. Mileage may be paid when approved in advance by the adjutant general.

Section 64. The commander-in-chief may exclude traffic from public ways and highways during target practice or maneuvers of any organization or unit of the armed forces of the commonwealth or the United States or of any state thereof if public convenience or safety so requires.

Section 65. Every commanding officer, when on duty, may fix necessary bounds and limits to any parade or encampment, but not including a public road within such bounds in such manner as to prevent traveling thereon, within which bounds and limits no person shall enter without aut…

Section 66. Whoever willfully obstructs, interferes with or hinders an officer or enlisted person while on duty or at any parade, drill or assembly for military purposes may be detained at the discretion of the commanding officer and delivered into the custody of a police officer…

Section 67. (a) Each member, who completes 3 years of honorable service in the armed forces of the commonwealth, except the inactive national guard, shall be awarded a service medal and for each additional 3 years of like service a clasp to be affixed to the ribbon pendant thereo…

Section 67A. There shall be a medal of liberty which shall be awarded to the next of kin of service men and women from the commonwealth killed in action or who died in service while in a designated combat area in the line of duty or who died as a result of wounds received in acti…

Section 67B. There shall be a Massachusetts medal of fidelity to be presented to the next of kin of a service member or veteran who died as the result of (i) service-connected post-traumatic stress disorder; (ii) a condition resulting from a service-connected traumatic brain inju…

Section 68. Suitable recognition may be awarded for military, athletic or other competitions or outstanding military service in the armed forces of the commonwealth, under such regulations as the commander-in-chief shall determine.

Section 6A. The commander-in-chief may delegate the commander-in-chief's authority under this chapter to the adjutant general, unless otherwise prohibited by law.

Section 7. The commander-in-chief may prescribe in orders the organization of the military forces of the commonwealth, the designation and location of all units, and the numbers, titles, grades and duties of all officers and enlisted persons as he deems the interest of the servic…

Section 81. All commissioned officers and warrant officers of the armed forces of the commonwealth and of the United States shall have power to administer oaths for the purpose of the administration of military justice and for other purposes of military administration.

Section 83. (a) For duty performed under sections 60 and 61 by members of the armed forces of the commonwealth not serving in a federal duty status, there may be allowed and paid from funds appropriated for that purpose the same rate of pay of like grade as they would receive if …

Section 84. To each officer and enlisted person of the armed forces of the commonwealth required and authorized to travel under any section of this chapter, there shall be allowed and paid from funds appropriated therefor and under such regulations as the adjutant general may pre…

Section 85. Subsistence for members of the armed forces of the commonwealth ordered to duty under the provisions of sections thirty-eight, forty, forty-one and sixty, shall be furnished in kind unless otherwise directed by the adjutant general.

Section 88. (a) An officer or enlisted person of the Massachusetts organized militia who, while performing any duty lawfully ordered under this chapter without willful neglect on the part of the person, receives injury, is disabled or contracts a sickness or disease that incapaci…

Section 88B. Fifty per cent of the monthly premiums for any coverage held in the serviceman's group life insurance program administered by the Veterans Administration, or an equivalent group life insurance program of the servicemember's choosing provided that the reimbursement sh…

Section 88C. The National Guard Association of Massachusetts shall be the designated provider of state sponsored life insurance products offered through insurers licensed to transact insurance business in the commonwealth for military members of the armed forces of the commonweal…