Title 37 — Military
42 chapters · 288 sections in this title.
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. § 37-04-05 Bond of officer
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Repealed by S.L. 1983, ch. 389, § 2. 37-04-06. Duties of officer to devolve upon officer next in rank upon absence or disability. 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 lin…
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. § 37-04-08 Pay received by commissioned officers of the national guard
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Repealed by S.L. 2023, ch. 324, § 3.
N.D.C.C. § 37-04-09 Expenses allowed officers and enlisted men of national guard
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Repealed by S.L. 2023, ch. 324, § 3.
N.D.C.C. § 37-04-10 Allowances for commissioned officers
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Repealed by S.L. 1953, ch. 223, § 9.
N.D.C.C. § 37-04-11 Pay of officers serving on boards, commissions, and courts
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Repealed by S.L. 2023, ch. 324, § 3. 37-04-12. Pay and allowances allowed national guard officers assigned to duty with regular army. Repealed by S.L. 2023, ch. 324, § 3.
N.D.C.C. § 37-04-13 Pay of officers having administrative functions
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Repealed by S.L. 2023, ch. 324, § 3.
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. § 37-04-18 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. § 37-05-03 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. § 37-07-01 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. § 37-09-03 Court of inquiry - How constituted - Duties
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Repealed by S.L. 1999, ch. 322, § 11.
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…
N.D.C.C. § 37-09-06 Summary courts-martial - Appointment - Powers - Proceedings
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The commanding officer, with a rank of at least colonel (0-6), of each garrison, fort, post, or other place, or of any regiment, corps, detached battalion, company, or other detachment, may appoint for such place or command a summary court to consist of one officer, who shall hav…
N.D.C.C. § 37-09-07 Accused may be admitted to bond
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The presiding officer of a military court may accept a bond for the delivery of the accused upon demand after the final action of the court, and even after the jurisdiction of such court terminates the presiding officer may accept a bond pending the action of the reviewing author…
N.D.C.C. § 37-09-08 Commitment to prison or jail pending trial - Bail allowed
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Whenever an accused person has been arrested for failure to appear before a court-martial for trial as provided in this chapter, the president of the court-martial or the summary court officer to whom the charges have been referred for trial may issue a warrant to a civil officer…
N.D.C.C. § 37-09-09 Powers of president of court-martial and summary court officer
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A president of a court-martial and a summary court officer may: 1. Issue subpoenas. 2. Enforce the attendance of witnesses and the production of books and papers. 37-09-10. Fines collected remitted to state treasurer - Credited to general fund of national guard. All fines imposed…
N.D.C.C. § 37-09-11 Courts-martial sentencing to confinement in lieu of fines - Limitations
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All courts-martial, including summary courts, may sentence to confinement in lieu of fines authorized to be imposed. Such sentences of confinement, however, may not exceed one day for each dollar of fine authorized.
N.D.C.C. § 37-09-12 Sentence imposing confinement - Execution
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Any portion of a sentence imposed by a military court that prescribes confinement must be executed in such facility as the reviewing authority may direct. The expenses of such confinement must be borne by the state of North Dakota. A commitment in writing must be executed by the …
N.D.C.C. § 37-09-14 Sentence of court-martial to be approved
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A sentence of any court-martial is not effective until approved by the convening authority. A sentence of dismissal from the service or dishonorable discharge imposed by a court-martial may not be executed until approved by the governor. 37-09-15. Warrant may be issued by a presi…
N.D.C.C. § 37-09-18 Witness and reporter fees
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Any witness subpoenaed to appear before any military court shall receive the same fees as are provided by law for a witness appearing in a civil court. The reporter of any military court must be paid the same fees for stenographic services as are provided by law for similar servi…
N.D.C.C. § 37-09-19 Fees of civil officers - Levy, disbursement, and record of costs
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Fees for services of civil officers performed under the provisions of this chapter must be the same as are provided by law for services of civil officers in civil courts. Costs must be levied and disbursed by the court. Records of all levies and disbursements must be kept in the …
N.D.C.C. § 37-09-20 Manner of paying witness fees and court costs
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All witness fees and court costs incident to or the result of the operation of a military tribunal must be paid by the state treasurer from the general funds available upon appropriate voucher submitted through the channels of the adjutant general's office, after approval by the …
N.D.C.C. § 37-10-01 Adjutant general to provide national guard facilities for units
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The adjutant general shall provide adequate facilities for each unit of the North Dakota national guard. All national guard facilities are under the exclusive control of the adjutant general or any officer designated by the adjutant general.
N.D.C.C. § 37-10-02 Board of armory supervisors - Appointment - Meetings
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Repealed by S.L. 1971, ch. 343, § 8.
N.D.C.C. § 37-10-03 Adjutant general to supervise national guard facilities
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The adjutant general shall fix for each unit of the national guard, within the limits of legislative appropriations, the maintenance and rent allowance to be paid by this state, shall provide for the acquisition and maintenance of national guard facilities, and may lease property…
N.D.C.C. § 37-10-03.1 Sale of portions of Fraine Barracks
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Repealed by S.L. 1991, ch. 379, § 2.
N.D.C.C. § 37-10-03.2 Exchange, sale, and lease of military lands
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The adjutant general may exchange with or sell to any person lands owned by the state and used for military purposes, and may purchase, within funds available, parcels of land necessary for the construction of armories or the expansion of present military installations in the sta…
N.D.C.C. § 37-10-03.3 Use of state funds in the construction of national guard facilities
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The adjutant general may participate with political subdivisions to match federal funds for the construction of national guard facilities by contributing, subject to legislative appropriations, up to fifty thousand dollars for a single unit facility or one hundred thousand dollar…
N.D.C.C. § 37-10-03.4 Contracting officer for construction of national guard facilities
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The adjutant general or the adjutant general's designee is the contracting officer for the state concerning the construction of national guard facilities. Governing bodies of political subdivisions may, by resolution, also designate the adjutant general or the adjutant general's …
N.D.C.C. § 37-10-03.5 National guard facilities - Maintenance and repair board
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Repealed by S.L. 2003, ch. 298, § 1.
N.D.C.C. § 37-10-03.6 Prequalification, selection, and contracting for consultants - Solicitations
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1. The adjutant general or the adjutant general's designee may prequalify, select, and contract for consultants in the areas of architecture, engineering, construction management, land surveying, and related matters. a. The prequalification of the consultant must be based on deta…
N.D.C.C. § 37-10-04 Use of armories by other organizations - Regulations governing
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The use of armories for the regular meetings or functions of patriotic societies or recognized military service organizations holding charters from Congress or incorporated in this state must be granted by the adjutant general or by the officer in charge of any armory at such tim…
N.D.C.C. § 37-10-05 Bidder's bond in lieu of certified check
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Repealed by S.L. 1979, ch. 390, § 6.