Title 37, Military
42 chapters · 306 sections in this title.
N.D.C.C. § 37-02-04 Governor to be commander in chief of militia - Inability of governor to act
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The military establishment of this state consists of a department of the army, a department of the air force, and a department of military records. The governor of this state, by virtue of that office, is commander in chief of the military establishment except as to such portions…
N.D.C.C. § 37-02-05 Attorney general to be legal adviser of governor and adjutant general
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The attorney general of this state is the legal adviser of the governor and of the adjutant general.
N.D.C.C. § 37-02-06 Staff of governor
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1. The staff of the governor consists of: a. The adjutant general is the chief of staff and holds a rank consistent with that individual's length of service and federal laws and regulations, but not to exceed the rank of lieutenant general. b. An assistant adjutant general for ar…
N.D.C.C. § 37-02-07 Composition of state staff corps and detachment - Vacancies
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The number and grade of officers and enlisted men in the state staff corps and detachment must be as prescribed by federal law and regulations, but in case of war, invasion, insurrection, or riot, or imminent danger thereof, the governor may increase such force temporarily to mee…
N.D.C.C. § 37-03-01 Adjutant general - Appointment - Qualifications - Term - Salary - Office at capital - Removal
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The governor shall appoint the adjutant general. Each candidate for the office must have been a federally recognized commissioned officer of the national guard for a period of at least three years immediately preceding the appointment, must have obtained the rank of lieutenant co…
N.D.C.C. § 37-03-02 Assistant adjutants general - Appointment - Qualifications - Duties
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An assistant adjutant general for army, an assistant adjutant general for air force, and other assistant adjutants general authorized by a table of organization prescribed by the laws or regulations of the United States may be appointed by the governor upon the recommendation of …
N.D.C.C. § 37-03-03 Seal of adjutant general - Delivery to successor
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The adjutant general shall have a seal of office and such seal must be delivered by the adjutant general to the successor to that office.
N.D.C.C. § 37-03-04 Assistance and expense of office - Payment of accounts
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The adjutant general may have such necessary clerks, instructors, caretakers, employees, and laborers, within the limitations prescribed in appropriations made by the legislative assembly from time to time, as may be required. The adjutant general shall determine national guard m…
N.D.C.C. § 37-03-05 General duties of adjutant general
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The adjutant general is in active control of the military department of this state and shall: 1. Perform the duties pertaining to the adjutant general and other chiefs of staff departments under the regulations and customs of the United States army. 2. Superintend the preparation…
N.D.C.C. § 37-03-05.1 Biennial report
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The adjutant general may submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04. If submitted, the report must include a detailed statement of all the expenditures for military purposes during the preceding two fiscal years.
N.D.C.C. § 37-03-06 Adjutant general responsible for military property in state - Requirements governing shipment - Reports
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The adjutant general is responsible for all arms, ordnance, accoutrements, equipment, and other military property which may be issued to this state by the secretary of defense in compliance with law. The adjutant general shall prepare a return of said arms and other property of t…
N.D.C.C. § 37-03-07 Military property - Issuance - Purchase
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The adjutant general shall issue, or cause to be issued, all military property. No military property may be issued to persons or organizations other than those belonging to the national guard of this state or to such portions of the reserve militia as may be called out by the gov…
N.D.C.C. § 37-03-08 Unsuitable military property - Disposal
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All military property of this state found unsuitable after proper inspection must be disposed of by the adjutant general, by sealed bid or at public auction, after advertisement of the same has been published once each week for three consecutive weeks in the official newspaper of…
N.D.C.C. § 37-03-09 Funds for national guard - Plan of proposed field service to be submitted before receiving
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In order that the national guard may receive the benefit of the funds provided by the Congress of the United States, the adjutant general shall submit a plan of proposed field or camp service of instruction prepared by the commanding officer of the national guard for the ensuing …
N.D.C.C. § 37-03-11 Compilation of military law by adjutant general - Distribution - Textbooks and reports issued
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The adjutant general, when necessary, shall cause the military law, the general regulations of this state, and the articles of uniform code of military justice of the United States, to be printed, indexed, and bound in proper and compact form at the expense of the state and shall…
N.D.C.C. § 37-03-13 Adjutant general to control military installations - Maintenance fund - Insurance
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1. The adjutant general of the state of North Dakota has full control of Camp Gilbert C. Grafton, Ramsey County, Fraine Barracks, Burleigh County, national guard air base facilities constituting a portion of Hector Airfield in Cass County, all in North Dakota and such other real …
N.D.C.C. § 37-03-14 North Dakota veterans' cemetery - Administration
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The adjutant general shall establish and operate the North Dakota veterans' cemetery, which the adjutant general shall locate within or adjacent to Fort Abraham Lincoln state park. The adjutant general may accept and expend private and federal funds to establish and operate the v…
N.D.C.C. § 37-03-15 Training facility designated
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The training facility located at Camp Grafton (South) is to remain a part of the overall Camp Grafton training complex but is designated as the Major General C. Emerson Murry regional live fire and maneuver training center.
N.D.C.C. § 37-03-16 Adjutant general - Provision of funding - Source
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The adjutant general shall pay all expenses incurred by the state to participate in the compact on educational opportunity for military children, including the reimbursement of actual and necessary expenses incurred by members of the state council, from the operating expenses lin…
N.D.C.C. § 37-03-17 North Dakota adjutant general and disaster response coin - Presented by whom - Qualifications
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The adjutant general may present an adjutant general coin to deserving individuals who have distinguished themselves through exceptional service to the mission of the North Dakota national guard or department of emergency services. The adjutant general may present a disaster resp…
N.D.C.C. § 37-03-18 North Dakota national guard service member, veteran, family, and survivor support program - Administration - Continuing appropriation - Report to budget section
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The adjutant general shall establish and operate the North Dakota national guard service member, veteran, family, and survivor support program. The adjutant general may accept and expend funds from the North Dakota national guard foundation or any similar foundation, offered or t…
N.D.C.C. § 37-04-01 Commissioned officers of national guard - Qualifications
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Officers of the national guard may not be commissioned as such unless they are at least nineteen years of age and shall have been selected from the classes of persons having the qualifications prescribed by federal law.
N.D.C.C. § 37-04-02 Commissioned officer of national guard to be examined
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Any person appointed and commissioned an officer of the national guard shall successfully pass such tests as to the person's physical, moral, and professional fitness as shall be prescribed by federal law, and the examination to determine the person's qualifications for a commiss…
N.D.C.C. § 37-04-03 Officers commissioned by governor - Assigning or reassigning officers
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Officers must be commissioned by the governor, and each commission must designate the arm or branch of service in which the officer named therein is commissioned. Officers must be assigned or reassigned to duty in the various regiments or lesser separate organizations by the imme…
N.D.C.C. § 37-04-04 Oath required of commissioned officers in national guard
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Commissioned officers of the national guard of this state shall take and subscribe, in substance, the following oath of office: I, ______________, do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of North Dakota, against …
N.D.C.C. § 37-04-06 Duties of officer to devolve upon officer next in rank upon absence or disability
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The duties assigned to a designated officer by any provision of this title devolve, in case of the absence or disability of such officer, upon the line officer next in rank who has been designated by command of the officer named, except as otherwise provided in this title.
N.D.C.C. § 37-04-07 Responsibility for efficiency
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The officer commanding the national guard may cause those under that officer's command to perform any military duty, and that officer is responsible to the governor for the general efficiency of the national guard and for the drill, instruction, small arms and artillery practice,…
N.D.C.C. § 37-04-14 Resignation of commissioned officers
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Commissioned officers may resign in such manner and under such circumstances as may be prescribed by federal regulations.
N.D.C.C. § 37-04-15 Vacating commissions - Acquisition of reserve status
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A commission in the national guard may be vacated: 1. At any time when it is determined by an efficiency board as provided by federal regulation that the officer holding the commission is no longer fit for service by reason of the officer's moral character, capacity, or general f…
N.D.C.C. § 37-04-16 Retirement and discharge of national guard officers
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Any officer of the national guard who has federal recognition removed due to age, as proscribed by federal law, must be placed on the retired list by the governor. Any officer who has served as such under a commission in the military service of this state for a continuous period …
N.D.C.C. § 37-04-17 Board appointed to determine disability, unfitness, or incompetency of officers - Powers of board - Findings
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Before the governor shall make an order placing an officer on the retired list on the ground that such officer is disabled, unfit, or incompetent, the governor shall appoint a board of not less than five commissioned officers, one of whom must be a surgeon, to investigate and rep…
N.D.C.C. § 37-04-18 Retired officer subject to orders of commander in chief only
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The officers on the retired list are subject to detail for duty only by orders from the commander in chief, who shall cause to be issued such orders as the commander in chief deems necessary detailing them for duty upon boards of officers for military purposes, courts-martial, an…
N.D.C.C. § 37-05-01 Property and disbursing officer - Qualifications - Appointment - Bond - Compensation
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The governor shall appoint, designate, or detail, subject to the approval of the secretary of defense, an officer of the national guard of this state, who is the accountable property and disbursing officer of the United States and shall perform the duties of such office in additi…
N.D.C.C. § 37-05-02 Secretary of defense to pay allotment to property and disbursing officer - Amount
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Upon requisition by the governor, the secretary of defense may pay to the property and disbursing officer so much of this state's allotment out of the annual appropriation for the support of the national guard of this state as in the judgment of the secretary of defense may be ne…
N.D.C.C. § 37-05-03 Accounts, returns, and reports made by property and disbursing officer
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The property and disbursing officer shall render through the defense department such accounts of federal funds entrusted to that officer for disbursement as may be required by the treasury department of the United States. The property and disbursing officer shall receipt and be a…
N.D.C.C. § 37-05-04 Property and disbursing officer may entrust money to other officers - Liability - Penalty for misconduct
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Under such regulations as may be prescribed by the secretary of defense, the property and disbursing officer accountable for public moneys may entrust money to any other officer of the national guard for the purpose of having that officer make disbursements thereof as the propert…
N.D.C.C. § 37-07-01 Original enlistments in national guard - Qualifications
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Any person who is a citizen of the United States, or who has declared the person's intention to become a citizen, if within the ages set forth in the National Defense Act of 1920, as amended, able-bodied, free from disease, of good character, and of temperate habits, may be origi…
N.D.C.C. § 37-07-02 Re-enlistment periods in national guard
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Re-enlistments in the national guard subsequent to original enlistments may be made for such period as may be prescribed by the adjutant general in accordance with regulations promulgated by the United States department of defense. For the purpose of this section, any enlistment …
N.D.C.C. § 37-07-03 Enlisted men to sign contract of enlistment and subscribe to oath
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Individuals enlisting in the national guard of this state shall sign an enlistment contract and subscribe the following oath of enlistment: I acknowledge to have voluntarily enlisted on _____________, ______, as a soldier in the national guard of the United States and of the stat…
N.D.C.C. § 37-07-04 Transfers of enlisted men
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Enlisted members of the national guard removing from one location to another in this state may be transferred from one unit to another within the same organization upon recommendations of the respective unit commanders concerned and approval of the commanding officer of the organ…
N.D.C.C. § 37-07-06 Discharge of enlisted person
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An enlisted person discharged from service in the national guard, except when drafted into the military service of the United States, shall receive a discharge in writing in such form and with such classification as is or shall be prescribed for the regular army. In time of peace…
N.D.C.C. § 37-08-01 National guard reserve - Organization
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The national guard reserve is all individuals who are subject to service in the national guard and are not serving in the national guard of this state. Subject to the rules and regulations of the president, a national guard reserve must be maintained in this state which consists …
N.D.C.C. § 37-08-02 Enlistments in national guard reserve - Contract - Oath
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Individuals duly qualified for enlistment in the active national guard may enlist in the national guard reserve for a period of one year or three years under the regulations prescribed by the secretary of defense. Upon enlisting in the reserve, each individual shall subscribe the…
N.D.C.C. § 37-08-03 Transfer from active to reserve list and from reserve to active list
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Under such regulations as the secretary of defense may prescribe, enlisted members of the active national guard may be transferred to the national guard reserve and members enlisted in or transferred to the national guard reserve may be transferred to the active national guard, e…
N.D.C.C. § 37-08-04 Method of drafting reserves for service
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Whenever it is necessary to call out any portion of the reserve militia for active duty, the governor shall direct an order to the adjutant general, who, upon receipt of such order, shall cause to be drafted by lot, by mustering officers detailed for that duty from the national g…
N.D.C.C. § 37-08-05 Pay and allowances of reservists on active duty
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Officers and enlisted members of the national guard reserve, when engaged in field or coast defense training with the active national guard, shall receive the same federal pay and allowances as those occupying like grades on the active list of said guard when likewise engaged. No…
N.D.C.C. § 37-09-01 Military courts
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The military courts of this state for the national guard are: 1. General courts-martial. 2. Special courts-martial. 3. Summary courts-martial.
N.D.C.C. § 37-09-02 Powers and procedure of military courts
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The military courts of this state must be constituted the same, have cognizance of the same subjects, and shall possess the same powers, except as to punishment, as similar courts provided for by the laws and regulations governing the army of the United States. The proceedings of…
N.D.C.C. § 37-09-04 General courts-martial - Convening - Powers
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A general court-martial may be convened by order of the governor or the adjutant general. Such court may sentence any member to: 1. A fine not exceeding five hundred dollars for a single offense; 2. Forfeiture of pay and allowances of not more than five hundred dollars for a sing…
N.D.C.C. § 37-09-05 Special courts-martial - Appointment - Jurisdiction - Punishment
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The commanding officer, with a rank of at least colonel (0-6), of each garrison, fort, post, camp, or other place, or of any brigade, regiment, detached battalion, or other detached command, may appoint special courts-martial for the officer's command. A special court-martial may…