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

38A:3-46a Registry of organizations providing services to military veterans. 1. a. The Department of Military and Veterans' Affairs shall create and maintain a registry of all organizations that provide services to military veterans. The registry shall be prominently displayed, o…

38A:3-46b Pro bono legal representation, active-duty members, United States Armed Forces, Reserve component. 1. The Department of Military and Veterans Affairs shall provide information to active-duty members of the United States Armed Forces and a Reserve component thereof, incl…

38A:3-47 Veterans Haven Councils. 1. a. There is created within the Division of Veterans' Services in the Department of Military and Veterans' Affairs two advisory councils to be known as Veterans Haven North Council and Veterans Haven South Council. The Veterans Haven North Coun…

38A:3-48 Duties of Veterans Haven Councils. 2. Under general policies established by the Adjutant General, each Veterans Haven council shall: a. Formulate comprehensive policies for the coordination of all services for the benefit of veterans housed at the Veterans Haven faciliti…

38A:3-49 Assistance for travel for certain veterans. 1. The Department of Military and Veterans' Affairs shall establish a program to provide assistance to qualified veterans in in-patient and out-patient treatment programs to travel to attend medical counseling appointments for …

38A:3-5 Deputy adjutant general. 38A:3-5. The deputy adjutant general shall be appointed by the Governor upon the nomination of the Adjutant General. The deputy adjutant general shall be a person who has served as a commissioned officer in the armed forces of the State and who is…

38A:3-5.1. Assistant adjutant generals; rank 8. The Governor may appoint, with the advice and consent of the Senate, an assistant adjutant general for the New Jersey Army National Guard, and an assistant adjutant general for the New Jersey Air National Guard, respectively, who sh…

38A:3-50 Online historic tour identifying locations of war battles, places of historic military significance. 1. a. The Department of Military and Veterans' Affairs, in consultation with the Division of Travel and Tourism in the Department of State and the New Jersey Historical C…

38A:3-51 Findings, declarations relative to a Gold Star Family Counseling program. 1. The Legislature finds and declares that: a. Residents of New Jersey have answered the call to fight for our country many times as members of the United States military and as members of the New …

38A:3-52 Definitions relative to a Gold Star Family Counseling program. 2. As used in this act: "Gold Star family member" means an individual who is a New Jersey resident and is the surviving spouse, domestic partner, partner in a civil union, parent, brother, sister, child, lega…

38A:3-53 "Gold Star Family Counseling Program." 3. There is established in the Department of Military and Veterans' Affairs the "Gold Star Family Counseling Program." The purpose of this program is to link mental health care professionals with Gold Star family members to facilita…

38A:3-54 Immunity from civil liability. 4. All mental health care professionals volunteering for the "Gold Star Family Counseling Program" established pursuant to P.L.2017, c.174 (C.38A:3-51 et al.) shall be immune from civil liability as provided in P.L.1991, c.270 (C.2A:62A-16 …

38A:3-55 Grants for development, implementation. 5. The Adjutant General may apply for and accept on behalf of the State any grants from the federal government or any agency thereof, or from any foundation, corporation, association or individual, except for education grants or fe…

38A:3-56 New Jersey Commission on Veterans' Benefits. 1. a. There is hereby established in the New Jersey Department of Military and Veterans' Affairs the New Jersey Commission on Veterans' Benefits consisting of 13 members as follows: (1) the Adjutant General of the Department o…

38A:3-57 Duties of commissioner. 2. a. It shall be the duty of the New Jersey Commission on Veterans' Benefits to develop, maintain and annually update a five-year Statewide veterans' benefits strategic plan that includes goals and measurable outcomes to ensure that all State dep…

38A:3-58 Strategic plan, reports. 3. The commission shall prepare and submit an initial five-year strategic plan to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), within six months of the organization of the commission. Thereafter, t…

38A:3-59 Assistance for certain service members with petitions to change discharge designations. 1. a. All former service members of the Armed Forces who were separated from the service with a general or other than honorable discharge due solely to their sexual orientation, or ge…

38A:3-6 Powers, duties. 38A:3-6. Under the direction of the Governor, the Adjutant General shall: (a) Exercise control over the affairs of the Department of Military Affairs and in connection therewith make and issue such regulations governing the work of the Department of Milita…

38A:3-6.1. Aid to localities in circumstances which threaten or endanger public health, safety or welfare In addition to any other powers, the Adjutant General under the direction of the Governor shall have the authority to order to active duty, with or without pay, in State serv…

38A:3-6.19. Adjutant General, duties. 41. The Adjutant General of the Department of Military Affairs shall: a. cause copies of the voter registration forms and instructions furnished under subsection f. of section 16 of P.L.1974, c.30 (C.19:31-6.4) to be displayed at each recruit…

38A:3-6.2. Grants The Adjutant General may apply for and accept on behalf of the State any grants from the federal government or any agency thereof, or from any foundation, corporation, association or individual, except for education grants or federal funds for education grants, …

38A:3-6.20 Provision of registry of volunteer mentors, Veterans Diversion Resource Program entities. 13. a. The Adjutant General of the Department of Military and Veterans' Affairs shall provide county prosecutors with a registry of volunteer mentors developed pursuant to subsect…

38A:3-6.4c Follow-up studies relative to former residents of veterans' memorial homes. 3. The Adjutant General shall conduct, or contract with another entity to conduct, a series of follow-up studies to assess the well-being of all former residents of State veterans' memorial hom…

38A:3-6.4d Compilation of results of follow-up studies; reports. 4. a. The Adjutant General shall compile the results of the follow-up studies conducted pursuant to section 3 of this act and shall include this information in a series of reports that the Adjutant General shall sub…

38A:3-7. Rank and precedence The Adjutant General shall take rank and precedence above all other officers of the militia. L.1963, c. 109. Amended by L.1984, c. 181, s. 11, eff. Nov. 14, 1984.

38A:3-8. Classes of personnel. 38A:3-8. The personnel of the Department of Military Affairs shall consist of the following classes of persons: (a) Officers and enlisted members who are ordered to active duty on a permanent duty status, with the pay allowances of their grade and l…

38A:3-9. United States Property and Fiscal Officer. The Governor shall appoint, designate or detail, subject to Federal laws and regulations, an officer of the National Guard of this State to be the United States Property and Fiscal Officer for this State. All such powers, functi…

38A:4-1. Eligibility, qualifications and administration Officers and enlisted members of the organized militia shall be commissioned, warranted or enlisted with such qualifications and administered under such regulations as the Governor may prescribe except as otherwise prescribe…

38A:4-11. Retirement; detail to active duty (a) Any officer or enlisted member who shall have reached the age of 64 years shall be retired by the Governor. Any officer or enlisted members who shall have served at least 10 years in the military forces of this State, or who must be…

38A:4-12. Credit for war service For all purposes, officers and enlisted members who entered the active service of the United States in time of war by appointment or enlistment, or under call, order or draft by the President, or who shall hereafter enter such service under like c…

38A:4-13. Free passage on toll roads and other toll facilities Any member of the New Jersey National Guard while going to, or returning from, any parade, encampment, drill, or meeting which he may be required to attend under the laws and regulations for said National Guard, shall…

38A:4-14. Free passage through toll gates and over toll roads and facilities Any member of a reserve component of any of the Armed Forces of the United States while going to, or returning from, any parade, encampment, drill, meeting or active duty for training which he may be req…

38A:4-2. Rank Rank of officers and enlisted members of the organized militia shall be determined by the same methods as are prescribed by Federal laws and regulations for the respective Armed Forces of the United States. L.1963, c. 109.

38A:4-3. Pay, allowances; $100 daily minimum for State active duty 38A:4-3. a. An officer or enlisted member ordered to State active duty shall receive the pay and allowances prescribed by Federal laws and regulations for an officer or enlisted member of corresponding grade and l…

38A:4-4 Leave of absence without loss of pay, exceptions. 38A:4-4. a. A permanent or full-time temporary officer or employee of the State or of a board, commission, authority or other instrumentality of the State or of a county, school district or municipality who is a member of …

38A:4-6. Exemption from jury duty Every officer and enlisted member of the organized militia, during his service therein, shall be exempt from jury duty. L.1963, c. 109.

38A:4-7. Exemption from process No member of the organized militia shall be arrested on any warrant or other process, except for treason or a high misdemeanor, while going to, remaining at or during the performance of any duty of a military character or returning from any place a…

38A:4-8. Compensation exempt from legal process The pay and allowances due or to become due to any member of the organized militia for military duty therein, and any compensation that may be awarded for injuries, disabilities or death sustained therein, shall be exempt from attac…

38A:5-1. Nominating, appointing and commissioning of officers (a) The Governor shall nominate and appoint all general and flag officers of the militia, with the advice and consent of the Senate. (b) All other officers of the militia shall be appointed and commissioned by the Gove…

38A:5-2. Oath of office Except when a comparable oath is subscribed to under Federal laws or regulations, every officer shall take and subscribe to the following oath of office: "I , do solemnly swear that I will support and defend the Constitution of the United States and the Co…

38A:5-3. Acceptance of commission or warrant deemed resignation of other commissions or warrants The acceptance of a commission or warrant in the militia shall be deemed a resignation by the person accepting the same of all other commissions or warrants held by him in the militia…

38A:5-4. Acceptance of commission not to vacate civil office Any citizen of this State may accept and hold a commission in the militia or in any reserve component of the Armed Forces of the United States, without thereby vacating any civil office or position held. The acceptance …

38A:5-5. Uniforms and equipment Officers shall provide themselves with the uniforms and equipment prescribed by applicable regulations. L.1963, c. 109.

38A:5-6. Examination as to fitness The Governor, whenever he deems it to be for the good of the service, may order any officer to appear before a board of examination. The board of examination shall consist of 3 officers, senior in rank to the officer whose fitness for service is…

38A:5-7. Resignation of officers An officer may resign his commission or warrant, but such resignation shall not become effective until it shall have been accepted by the Governor. L.1963, c. 109.

38A:5-8. Vacating commissions or warrants The commission or warrant of an officer shall be vacated: (a) Upon acceptance by the Governor of the resignation of such officer; or (b) By an order of the Governor discharging such officer: (1) For his failure to maintain his qualificati…