180 sections in this chapter.
NMSA 1978, § 20-5-7 Discipline
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A. The discipline of the state defense force shall, to the extent practicable, conform to that of the army national guard. B. When performing militia duty, members of the state defense force are subject to the Code of Military Justice, Chapter 20, Article 12 NMSA 1978. C. Standar…
NMSA 1978, § 20-5-8 Discharge; dismissal
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A. Upon expiration of the term of service for which appointed or enlisted, a member of the state defense force shall be entitled to a discharge; provided that no member shall be discharged by reason of expiration of his term of service while in the active service of the state. B.…
NMSA 1978, § 20-5-9 Arms and equipment; facilities
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A. The state defense force, to the extent practicable, shall be equipped as needed for training and for actual state service. B. To the extent available and permitted by federal law, armories and other facilities of the national guard and other state facilities may be utilized fo…
NMSA 1978, § 20-7-1 Creation of civil air patrol division
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There is created the civil air patrol division within the department of military affairs. The director of the civil air patrol division shall be the duly appointed commanding officer of the civil air patrol, New Mexico wing, who shall assist the adjutant general. History: 1978 Co…
NMSA 1978, § 20-7-2 Budget
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The civil air patrol division shall submit its budget requests to the adjutant general. History: 1978 Comp., § 20-7-2, enacted by Laws 1987, ch. 318, § 48.
NMSA 1978, § 20-7-3 Regulations
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The adjutant general may prescribe regulations for the civil air patrol division. History: 1978 Comp., § 20-7-3, enacted by Laws 1987, ch. 318, § 49.
NMSA 1978, § 20-7-4 Cooperation with other agencies authorized
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The civil air patrol division is authorized to fully cooperate with any department or agency of the United States government or any department or agency of the state in order that the objectives of the civil air patrol division may be more fully realized. History: 1978 Comp., § 2…
NMSA 1978, § 20-7-5 Military leave
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Members of the civil air patrol shall be permitted military leave pursuant to Section 20-4-7 NMSA 1978 not to exceed fifteen working days per year for official duties as assigned by the director of the civil air patrol division of the department of military affairs or an incident…
NMSA 1978, § 20-8-1 Creation; composition
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There is created the state armory board, a body corporate, whose members shall be appointed within thirty days of the effective date of the New Mexico Military Code. The members of the board shall be the adjutant general, as chairman; the director of the state programs office of …
NMSA 1978, § 20-8-2 Definitions
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A. "Armory" means any building, training area, warehouse, vehicle storage compound, organizational maintenance shop or other facility and the lands appurtenant thereto used by the national guard for the storage and maintenance of arms or military equipment or the administration o…
NMSA 1978, § 20-8-3 Powers and responsibilities
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The state armory board shall be empowered to: A. act on behalf of the state in the exercise of its powers and responsibilities; B. hold title to armories in its name on behalf of the state; C. employ and maintain or retain technical, legal, administrative and clerical personnel, …
NMSA 1978, § 20-8-4 Local armory boards; members
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There are created local armory boards for each local armory. The management and control of each local armory shall be the responsibility of its local armory board subject to the guidance, direction and supervision of the state armory board. The senior commander of the national gu…
NMSA 1978, § 20-8-5 State armory board fund
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A. All net revenues derived from any armory rentals shall be deposited quarterly or more frequently by all local armory boards with the state armory board which shall keep such money on deposit with the state treasurer in a separate fund to be known as the "state armory board fun…
NMSA 1978, § 20-8-6 State armory board building and improvement bonds
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A. For the purpose of erecting, altering, improving, furnishing and equipping any necessary buildings or structures or acquiring any necessary lands, as provided by Chapter 20, Article 8 NMSA 1978, the state armory board is authorized to borrow money as provided in this section. …
NMSA 1978, § 20-9-1 Property and fiscal officer
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In the event of a vacancy, the governor shall nominate, with the advice of the adjutant general, a United States property and fiscal officer from the New Mexico national guard whose appointment shall be made by the chief of the national guard bureau or other authority charged wit…
NMSA 1978, § 20-9-2 Accountability for money and property
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The adjutant general, with the concurrence of the governor as commander in chief, shall promulgate such regulations as are necessary to provide for the accountability of state and federal property which shall provide procedures and standards for ascertaining individual pecuniary …
NMSA 1978, § 20-9-3 Unit funds
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Each unit or detachment of the national guard shall keep a unit general welfare fund composed of any funds earned by the unit or its members, funds contributed to the unit or to its welfare fund or fines or forfeitures imposed under the Code of Military Justice [Chapter 20, Artic…
NMSA 1978, § 20-9-4 Recovery of property; criminal and civil liability
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Any person who retains, after written demand by the United States property and fiscal officer or his designee, any arms, uniforms, equipment or other military property which belongs to the state or the United States or who thereafter possesses, purchases, sells, pawns or pledges …
NMSA 1978, § 20-9-5 Security for property
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The adjutant general may prescribe regulations for the obtaining of collateral to guarantee the return of arms, uniforms, equipment or other military property issued to members of the national guard or the state defense force in an amount at least equal to the value of the proper…
NMSA 1978, § 20-10-1 Awards authorized
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There are established and authorized within Chapter 20, Article 10 NMSA 1978 awards for presentation to units and members of the national guard and the New Mexico state defense force and, where indicated, for presentation to other persons for recognized service to the national gu…
NMSA 1978, § 20-10-10 Outstanding service medal
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The adjutant general may award an outstanding service medal with accompanying ribbon to any person who, while serving in any capacity with or as a member of the national guard or state defense force, performs the service required or requested of him through the exertion of extra …
NMSA 1978, § 20-10-11 Outstanding unit citation
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The governor may award an outstanding unit citation of appropriate design with accompanying individual ribbon to any recognized unit of the national guard or state defense force which, through outstanding effort of all its members, has excelled in the performance of its duty and …
NMSA 1978, § 20-10-12 Recompiled
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History: 1978 Comp., § 20-10-12, enacted by Laws 1987, ch. 318, § 74; recompiled as 20-10-12.5 by Laws 2016, ch. 6, § 6.
NMSA 1978, § 20-10-12.1 Emergency service ribbon
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The adjutant general shall award the emergency service ribbon to any member of the New Mexico national guard who, after January 1, 2000, honorably performs duty when an emergency situation has been declared by the governor. The duty must be in direct support of the declared state…
NMSA 1978, § 20-10-12.2 Counter-drug service ribbon
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The adjutant general may award the counter-drug service ribbon to recognize soldiers and airmen of the national guard of New Mexico who have provided outstanding support to state, local and federal law enforcement officers on counter-drug operations in New Mexico since August 198…
NMSA 1978, § 20-10-12.3 Community service ribbon
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The adjutant general may award the community service ribbon to a member of the national guard of New Mexico or New Mexico state defense force for substantial or particularly meaningful community service above and beyond the duties required. A member's community service must contr…
NMSA 1978, § 20-10-12.4 Physical fitness ribbon
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A. The adjutant general may present a physical fitness ribbon to a currently assigned member of the national guard of New Mexico who: (1) scores two hundred seventy or above for three consecutive years when taking all components of the army physical fitness training and meets the…
NMSA 1978, § 20-10-12.5 Service ribbon and long-service medal
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A. The adjutant general shall present a service ribbon to those members of the national guard and state defense force who have completed five years of honorable service in the national guard or state defense force. This service ribbon shall be of identical design to the ribbon of…
NMSA 1978, § 20-10-13 Good conduct medal
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The adjutant general may award a good conduct medal with accompanying ribbon to any enlisted member of the national guard or state defense force who completes a three-year period of service free from unauthorized absence, reprimand, court-martial or other disciplinary action and …
NMSA 1978, § 20-10-14 Perfect attendance ribbon
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The adjutant general may present a perfect attendance ribbon to those members commissioned, warranted and enlisted of the national guard or state defense force who for the calendar year have had a perfect drill and annual training attendance. Unit commanders shall forward a list …
NMSA 1978, § 20-10-15 Academy service ribbon
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The adjutant general may present an academy service ribbon to those enlisted members of the national guard or state defense force who have successfully completed a noncommissioned officer educational system course or noncommissioned officer academy. An arabic numeral shall reflec…
NMSA 1978, § 20-10-16 Devices
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A. Except as specifically stated above, the second and subsequent award of any medal shall be noted by written citation and by presentation and wearing of a bronze oak leaf cluster in lieu of a second or subsequent medal. A silver oak leaf cluster shall substitute for five bronze…
NMSA 1978, § 20-10-2 Awards boards
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A. The adjutant general shall appoint the members of awards boards for the army national guard and the air national guard, which shall each meet not less than quarterly to review recommendations for state and federal awards and decorations submitted by their respective unit comma…
NMSA 1978, § 20-10-3 Awards fund
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There is established an awards fund which shall be under the control of the adjutant general, the military personnel officers of the army and air national guard, and the director of the state programs office of the department of military affairs. The awards fund shall promptly ar…
NMSA 1978, § 20-10-4 Order of precedence
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The rank order of precedence of awards is their order of appearance in Chapter 20, Article 10 NMSA 1978. In the wearing or display of awards, the precedence afforded the awards and decorations of the United States, of other nations and of state national guards will be observed; m…
NMSA 1978, § 20-10-5 Medal of valor with palm
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The governor may award a medal of valor with palm and with accompanying ribbon to any member of the national guard or state defense force who distinguishes himself by an extraordinary act of personal bravery and heroism, at the risk of his own life, above and beyond the call of d…
NMSA 1978, § 20-10-6 Medal of valor
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The governor may award a medal of valor with accompanying ribbon to any member of the national guard or state defense force who distinguishes himself by an uncommon act of valor, not necessarily at the risk of his own life, under circumstances where refraining from so acting woul…
NMSA 1978, § 20-10-7 Special MacArthur service medal
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The special MacArthur service medal has been given with appreciation to known members or their survivors of the 200th coast artillery who were residents of the state at the time they entered the services of the United States and served under General Douglas MacArthur in the Phili…
NMSA 1978, § 20-10-8 Distinguished service medal
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The governor may award a distinguished service medal with accompanying ribbon to any member of the national guard or state defense force who distinguishes himself by an unselfish, untiring and exceptionally meritorious period of service or act resulting in extraordinary benefit t…
NMSA 1978, § 20-10-9 Medal of merit
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The adjutant general may award a medal of merit with accompanying ribbon to any person who, while serving in any capacity with or in the national guard or state defense force, shall render prolonged and meritorious service to the state or the United States. History: 1978 Comp., §…
NMSA 1978, § 20-10-9.1 Cold war medal
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The New Mexico state defense force commander may award the New Mexico state defense force cold war medal to a member of the state defense force who has received a cold war recognition certificate. The cold war recognition certificate recognizes all members of the armed forces and…
NMSA 1978, § 20-10-9.2 Outstanding enlisted leader of the year ribbon
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The adjutant general may award the outstanding enlisted leader of the year ribbon to a member of the national guard of New Mexico who has been officially selected as the New Mexico outstanding soldier of the year, airman of the year or first sergeant of the year. This ribbon is e…
NMSA 1978, § 20-11-1 Failure to appear; penalty
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A. Any person in the unorganized militia ordered by the governor into active service in the national guard or state defense force pursuant to the powers enumerated in Chapter 20 NMSA 1978 and notified of the order to service who fails to appear without justification within the ti…
NMSA 1978, § 20-11-2 Hindering national guard; penalty
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The commanding officer of any part of the national guard or state defense force called into the active service of the state, when performing any military duty in any street or highway, may require any persons to yield the right-of-way to the national guard or state defense force …
NMSA 1978, § 20-11-3 Interference with enrolling officer; penalty
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Any person who shall wilfully obstruct an enrolling or enlisting officer in the performance of his duty is guilty of a misdemeanor. History: 1978 Comp., § 20-11-3, enacted by Laws 1987, ch. 318, § 81.
NMSA 1978, § 20-11-4 Wrongful possession of military property; penalty
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Any person who commits the offense described in Section 20-9-4 NMSA 1978 is guilty of a misdemeanor. History: 1978 Comp., § 20-11-4, enacted by Laws 1987, ch. 318, § 82.
NMSA 1978, § 20-11-5 Wrongful wearing of uniform; penalty
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Any unauthorized person wearing a military uniform or facsimile thereof with the intent to impersonate a person with military authority is guilty of a misdemeanor; but if this offense is committed in time of war or following a declaration of martial law, the offender shall be gui…
NMSA 1978, § 20-11-5.1 Misrepresentation of military service; penalty
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Misrepresentation of military service consists of a person misrepresenting that person's self as having served or currently serving in the United States armed forces for the intentional taking of anything of value based on the person's military service. Whoever commits misreprese…
NMSA 1978, § 20-11-6 Employment discrimination prohibited; penalty
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Any person who wilfully violates Section 20-4-6 or Section 20-5-14 NMSA 1978 is guilty of a misdemeanor. History: 1978 Comp., § 20-11-6, enacted by Laws 1987, ch. 318, § 84.
NMSA 1978, § 20-11-7 Peace officers' neglect or refusal to act; penalty
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Any peace officer who neglects or refuses to obey, execute or return the process of a military court or the order of a commanding officer pursuant to Section 20-12-12 NMSA 1978 or makes a false return on such process or order is guilty of a misdemeanor. History: 1978 Comp., § 20-…