Title 38A, Title 38A: MILITARY AND VETERANS LAW

38A:6-4. Extension of terms of service If an emergency is declared by the President, Congress, the Governor or the Legislature, the Governor may by proclamation, in accordance with Federal and State laws and regulations, extend the enlistments of enlisted members of the organized…

38A:7-1. Organizations and units The National Guard shall consist of those organizations and units which are or hereafter may be authorized by Federal law and regulations issued thereunder for the National Guard. No change in branch, organization or allotment of a unit may be mad…

38A:7-2. Use of designations During the absence of any organization or unit of the National Guard in Federal service, its organization or unit designation shall not be given to or used by any other organization or unit. L.1963, c. 109.

38A:7-3. Administration, discipline and training The administration, discipline and training of the National Guard shall conform to the applicable Federal and State laws and regulations. L.1963, c. 109.

38A:7-4. Federal recognition of officers and enlisted members Subject to such exceptions as may be set forth in Federal laws and regulations, or as otherwise prescribed by this Title, all officers and enlisted members of the National Guard shall meet the qualifications for Federa…

38A:7-5. Inactive National Guard There may be an inactive National Guard consisting of officers and enlisted members. The composition, purposes and general regulations governing the same shall be in accordance with Federal laws and regulations. L.1963, c. 109.

38A:8-1. Organization and composition The Naval Militia may be organized, maintained and disbanded at the discretion of the Governor under applicable Federal laws and regulations. The Naval Militia shall consist of such organizations and units of the Naval Reserve of the United S…

38A:8-2. Administration, discipline and training The administration, discipline and training of the Naval Militia shall conform to applicable Federal or State laws and regulations. L.1963, c. 109.

38A:8-3. Inactive Naval Militia There may be an inactive Naval Militia consisting of officers and enlisted members. Regulations governing the same will be as prescribed by the Governor. L.1963, c. 109.

38A:9-1. Organization and composition The State Guard may be organized, maintained and disbanded at the discretion of the Governor at any time when additional defense forces are required and such action is not prohibited by Federal and State laws and regulations. Such forces shal…

38A:9-2. Governor may prescribe regulations The State Guard shall be organized, armed, equipped, maintained, disciplined, governed, administered and trained under such regulations as the Governor may prescribe, which shall conform, insofar as practicable, with applicable Federal …

38A:9-3. Use of armories and equipment The Governor may make available to the State Guard the facilities of the State armories and their equipment and such other State premises and property as may be available, and he may requisition from the Federal Government for the use of the…

38A:10-1. Persons subject All members of the organized militia, and all other persons lawfully called, ordered or drafted for duty in the organized militia from the dates they are required by the terms of the call, order or other directive to obey the same, are subject to this ch…

38A:10-10. Fees of civil officers; costs; records Fees for services of civil officers shall be the same as provided by law for services in civil courts. Costs will be levied and disbursed by the court. Records of all fees, costs and disbursements shall be kept in the headquarters…

38A:10-2. Territorial applicability (a) This chapter shall be applicable in all places within the State. It shall also apply to all persons subject to this chapter while serving without the State and while going to and returning from such service without the State in a like manne…

38A:10-3. Military courts. 38A:10-3. The military courts for the militia of this State shall be constituted like similar courts of the armed forces of the United States. They shall have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedur…

38A:10-4. Trial by civil authority; when authorized In any case when the offense charged is also an offense against civil authority, the convening authority of a court-martial may, upon request of the civil authorities, order the person charged to be turned over to the appropriat…

38A:10-5. Persons authorized to execute process All processes, writs, warrants and sentences of the military courts shall be directed to and executed by any sheriff, member of the State Police or any other officer or member of the police department of any municipality, or any oth…

38A:10-6. Confinement of persons committed by military court The keepers and wardens of all municipal or county jails shall receive the persons committed to them by a military court, and shall confine them in accordance with the direction of such court and according to law. L.196…

38A:10-7. Payment of fines; disposition Fines shall be paid to the court imposing them, to the civil officer executing its process, or to the commanding officer of the organization of which the accused is a member. All fines imposed and collected by reason of the sentence of any …

38A:10-8. Indemnity for action of military court No action or proceedings for damages shall be prosecuted or maintained against a member of a military court, or persons acting under its authority or reviewing its proceedings on account of the approval, or imposition or collection…

38A:10-9. Reporter and witness fees Any witness subpoenaed to appear before any military court shall receive the same fees as are provided by law for witnesses appearing in a civil court. The reporter of any court shall be paid for stenographic services the same fees as are provi…

38A:11-1. Funds of disbanded organizations The Adjutant General shall secure and hold in custody the funds of disbanded organizations after settling such necessary obligations as may be presented for payment within six months after such disbandment. Whenever any disbanded organiz…

38A:11-10. Issuance of search warrant. 38A:11-10. Any municipal court or other court of competent jurisdiction, on complaint made by any officer of the militia charged with the care or custody of any military property, that any such military property is unlawfully withheld from h…

38A:11-11. Delivery of property. On finding such property, the court issuing such warrant shall order the property to be delivered to the officer making the complaint. L.1963, c. 109.

38A:11-12. Loan of equipage and stores to veterans organizations. When any lawfully organized association of veterans of any war from this State shall apply to the Adjutant General for the temporary loan of camp and garrison equipage, ordinance or other military stores, for any p…

38A:11-13. Military property exempt from process of law. The uniforms, arms and equipment, and other military property of the United States or this State shall be exempt from every process of law, except as otherwise provided in the chapter. L.1963, c. 109.

38A:11-14. Sale of military property Unserviceable, unsuitable or surplus military property may, after a proper survey, be sold under such terms and regulations as may be prescribed by the Adjutant General. Moneys derived from such sales shall be deposited as received with the St…

38A:11-2. Bonds of officers responsible for funds and public property Any officer to whom military property of the United States or of this State is issued, or to whom public money is paid, or who holds and disburses any military funds, shall be required to give bond with surety …

38A:11-3. Financial and personal responsibility Every officer and enlisted member to whom public property has been or may hereafter be issued shall be financially and personally responsible to the State or to the United States, as their interest may appear, for its good condition…

38A:11-4. Liability for lost or destroyed property In case of the loss, damage or destruction of such property, the person to whom the same has been issued shall not be relieved from liability unless it is shown to the satisfaction of the Governor, or of the Secretary of the Fede…

38A:11-5. Value of lost or destroyed property chargeable to person at fault Except as otherwise provided in this chapter the value of the property lost, damaged or destroyed shall be charged against the person at fault. Such person shall pay upon demand the value of such property…

38A:11-6. Determination of value of lost or destroyed property and person chargeable therewith The value of the lost, damaged or destroyed property, and the person to be charged with the value thereof, shall be determined by a surveying officer appointed by the Governor or the Se…

38A:11-7. Recovery of moneys due for lost or destroyed property If any person at fault, or his surety, shall fail to pay the full value of the lost, damaged or destroyed property, the amount due may be deducted from any pay or allowances due or to become due to such person or it …

38A:11-8. Action before Superior Court 38A:11-8. Any officer of the militia charged with the care and responsibility of public property may bring an action in the Superior Court against any person who detains any arm, article of clothing or equipment, or any military supplies, be…

38A:11-9. Seizure of military property Any officer of the militia charged with the care or custody of property of any organization of the militia may seize and hold any uniforms, arms, equipment or other military property of the Federal Government or of this State. L.1963, c. 109…

38A:12-1. Armories 38A:12-1. The Adjutant General is authorized to lease or acquire by gift, grant, purchase, exchange, eminent domain, or in any other lawful manner, in the name of and for the use of the State of New Jersey, such real property as shall be necessary for the purpo…

38A:12-2. Lease or conveyance of real property by a county or municipality. Whenever the title to any real property required for an armory or other military facility is vested in a county or municipality, such county or municipality may convey or lease, with or without considerat…

38A:12-3. Supervision of construction. 38A:12-3. The Adjutant General shall, in compliance with the provisions of P.L.1954, c.48 (C.52:34-6 et seq.), supervise the construction, repair, and alterations of armories and other military facilities. L.1963, c.109; amended 1984,c.181,s…

38A:12-4. Construction costs. 38A:12-4. The Adjutant General, on behalf of the State, is authorized to make application for, and accept from, the federal government, or any agency thereof, a grant of money to pay part or all of the cost of constructing armories or other military …

38A:12-5. Nonmilitary use. 38A:12-5. The Adjutant General may lease, rent, or permit the use of any armory or other military facility, or any part thereof, for nonmilitary purposes, under such restrictions and for such compensation, if any, as he may by regulation prescribe. L.19…

38A:12-6. Sale of surplus property. 38A:12-6. When any buildings and real property have been declared by the Adjutant General to be surplus or unsuitable for military purposes and their sale has been authorized by the governor, the Adjutant General, on behalf of the State, is aut…

38A:12-7. Use of proceeds. 38A:12-7. The proceeds of any sale made pursuant to N.J.S.38A:12-6 shall be deposited as received with the State Treasurer and maintained by him in a separate account. Moneys credited to such an account shall be appropriated and used for the purchase of…

38A:12-8. Purchase by county or municipality authorized The board of chosen freeholders of any county or governing body of any municipality may purchase any building and real property referred to in section 38A:12-6 at the price and upon the terms and conditions so fixed. L.1963,…

38A:13-1. Medical care and compensation A member of the organized militia who incurs an injury, disease or disability in the line of duty, and whose claim is approved by the Adjutant General, or his duly appointed representative shall be entitled to the same benefits as are provi…

38A:13-1.1. Claim for compensation In any claim for compensation for injury or death from cardiovascular or cerebrovascular causes, the claimant shall prove by a preponderance of the credible evidence that the injury or death was produced by effort or strain related to the perfor…