Title 37 — Military

In this title, unless the context otherwise requires: 1. "Active militia" means the organized and uniformed military forces of this state known as the "North Dakota national guard" and the reserve militia when called to active service. 2. "Active service" means state active duty …

If any portion of the militia is employed in aid of the civil authority, the governor, if in the governor's judgment the maintenance of law and order will be promoted thereby, may declare by proclamation the county or city in which the troops are serving, or any specified portion…

The commander in chief of the national guard of this state may issue an order providing suitable service medals or ribbons or marks of distinction for all officers and enlisted members who have served in the national guard for an aggregate period of five, ten, twenty, thirty, and…

A North Dakota state flag may be presented upon retirement to any member of the North Dakota national guard upon the completion of twenty good years or more of military service.

No person belonging to the active militia of this state may be arrested on any warrant, except for treason or felony, while going to, remaining at, or returning from any place which the person may be required to attend for military duty. 37-01-12. When members of national guard o…

Any person belonging to the military forces of this state, going to or returning from any parade, encampment, drill, or meeting which the person may be required by law to attend, must be allowed to pass free through all toll gates and over all toll bridges and ferries, with the p…

Repealed by S.L. 1977, ch. 113, § 1. 37-01-16. Unlawful conversion of military property - Unlawful wearing of uniforms and devices indicating rank - Penalty. It is a class B misdemeanor for a person to: 1. Secretly sell, dispose of, offer for sale, purchase, retain after a demand…

Repealed by S.L. 1975, ch. 106, § 673. 37-01-18. Officer or soldier of national guard making false certificate or return - Misdemeanor. Repealed by S.L. 1975, ch. 106, § 673.

Upon any occasion of duty, the commanding officer may place under arrest during the continuance of such duty any person who shall: 1. Trespass upon the campground, parade ground, armory, or other place devoted to such duty; 2. Interrupt or molest in any way or manner the orderly …

In a place declared by proclamation of the governor to be in a state of insurrection, any person who shall: 1. Resist the execution of process; 2. Aid the rescue or escape of another from lawful custody or confinement; or 3. Resist a force ordered out by the governor to quell or …

No body of people, other than the regularly organized units of the national guard and militia and the troops of the United States, may associate themselves together as a military company or organization or parade in public with firearms, and no municipality may raise or appropria…

Any person referred to in section 37-01-25, who within ninety days after receiving a discharge other than dishonorable from such active noncivilian service, and who is not physically or otherwise incapacitated to perform the duties of the position formerly held by the person, app…

Repealed by omission from this code.

Any commissioned officer assigned to special duty by the governor or under the governor's authority must be paid duty pay for the time actually employed, and the officer's necessary traveling expenses and subsistence when such payment is authorized by the governor. Judge advocate…

Repealed by S.L. 1969, ch. 528, § 24.

Every member of the militia who is ordered out or ordered on duty, who volunteers, or who is drafted under the provisions of this title, who does not appear at the time and place designated by that person's commanding officer, the adjutant general, or the mustering officer, who d…

The discipline, including the training, of the national guard must conform to the system which is prescribed by the Congress of the United States. 37-01-30. Incurring of expenses by officers of militia - Auditing and payment of accounts. No officer of the militia may incur any ex…

All contracts, pensions, commissions, leases, agreements, and similar actions taken, made, or entered into under previous statutes which, by their nature, custom, or usage, were continuing in effect remain in full force and effect.

An individual discharged from any branch of the armed forces of the United States may record, without payment of any fee, that individual's discharge from the armed forces, a certificate issued in lieu of the discharge, duly authenticated and certified copies of the discharge or …

If a recorder, or designated official, has recorded discharge papers without charging the recording fees provided by law, the recording is declared legalized. In no such case may the recorder, or designated official, be held responsible in cases in which filing fees have not been…

If a copy of any public record is required by any veteran or a veteran's guardian, dependent, or representative in connection with an application for benefits made available by federal or state laws, the official charged with the custody of such public record, without charge, sha…

The disability of minority of any person otherwise eligible for guaranty or insurance of a loan pursuant to the Servicemen's Readjustment Act of 1944 [Pub. L. 78-346; 58 Stat. 284], as amended, and of the minor spouse of any eligible veteran irrespective of the person's age, in c…

All income, collections, and reimbursements of the North Dakota national guard from the United States and from armory rentals must be deposited in the state treasury and credited to a national guard operating fund. The state treasurer, upon order of the director of the office of …

All expenditures of funds for the maintenance and operation of the national guard and the office of the adjutant general must be made upon vouchers signed and approved by the adjutant general or such other officer or official as may be designated by the adjutant general. Upon app…

Each unit of the North Dakota national guard, upon approval of the adjutant general, is authorized to maintain a nonreverting unit fund for purposes as prescribed by federal law and regulations relating to unit funds of the federal military forces and to pay petty operating, equi…

1. Any individual injured by an activity of the North Dakota national guard may submit a claim to the adjutant general. As used in this section, "claim" means a monetary demand upon the state for personal injury or property damage arising from activities of the national guard whi…

An individual called or ordered to active service for thirty consecutive days or longer has all of the protections afforded to persons in the military service of the United States under the Servicemembers Civil Relief Act [50 U.S.C. 3901-4043] in effect on December 31, 2024. 37-0…

The adjutant general shall initiate and coordinate the collecting of information on North Dakotans who served in a theatre or area of armed conflict since the Vietnam conflict. The adjutant general shall make the information available to the public in a manner that the adjutant g…

An individual who has performed service in the national guard, the armed forces reserve of the United States, or active duty armed forces of the United States, has received an honorable discharge from service, and is not otherwise included within the definition of a veteran under…

During the period of active duty, the national guard may pay any primary health insurance premium on behalf of a national guard service member or an employer-sponsored health insurance premium cost share paid by the service member while called to state active duty. Coverage of qu…

The national guard may pay a death benefit to a designated beneficiary, or to the next of kin, of a national guard service member who died while serving in a state active duty status under this chapter. The payment of a death benefit may not exceed one hundred thousand dollars an…

All able-bodied male citizens and all able-bodied males of foreign birth who have declared an intention to become citizens, who are between the ages of eighteen and forty-five years and who are residents of this state, and other volunteers allowed by law constitute the militia un…

The North Dakota national guard consists of regularly enlisted and enrolled members within the age limits prescribed by federal law; organized, armed, and equipped as provided in this title and of commissioned officers within the ages conforming to the rules and regulations promu…

The strength and organization of units of the national guard must be prescribed by regulations and orders of the defense department of the United States promulgated from time to time by proper authority.

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…

The attorney general of this state is the legal adviser of the governor and of the adjutant general.

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…

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…

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 …

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.

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…

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…

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. 37-03-…

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…

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…

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…

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.

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…

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.

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…