Chapter 399 — Chapter 399

ORS 399.405 Appointment of commissioned officers. All commissioned officers of the organized militia shall be appointed and promoted by the Governor upon recommendation of the Adjutant General. [1961 c.454 §53]

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ORS 399.410 Applicability of chapter to warrant officers. The provisions of this chapter relating to commissioned officers shall apply to warrant officers, except that warrant officers who have been absent without leave may be discharged as prescribed by applicable federal and state laws and regulations. [1961 c.454 §63]

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ORS 399.415 Qualifications of officers; oath. (1) No person shall be appointed or promoted as a commissioned officer of the organized militia unless the person has passed such examination as to the physical, moral and professional qualifications of the person as may be prescribed by applicable federal and state laws and regulations

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ORS 399.420 Assignment and transfer of officers; residence of officers. (1) Commissioned officers may be assigned, reassigned, transferred or detailed to and from units within the organized militia as prescribed by applicable federal and state laws and regulations

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ORS 399.425 Resignations. (1) A commissioned officer of the organized militia may tender resignation at any time. Such resignation will be tendered in writing through proper military channels in accordance with applicable federal and state laws and regulations. Such resignations shall take effect when properly accepted and announced in orders

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ORS 399.430 Absence without leave considered resignation. (1) Any officer who absents self without leave for 60 days shall be considered to have resigned, and the vacancy shall be announced in appropriate orders

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ORS 399.435 Efficiency and medical examining boards; appointment. (1) The efficiency, moral character and general fitness for retention in the organized militia of any commissioned officer may be investigated and determined by an efficiency examining board. The members of an efficiency examining board shall be senior in rank to the officer under investigation unless unavoidable

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ORS 399.440 Efficiency and medical examining boards; procedure and functions. Efficiency and medical examining boards appointed by the Governor hereby are vested with the powers of courts of inquiry and courts-martial. Such boards shall follow the practice and procedure prescribed by applicable federal and state laws and regulations. Any officer ordered to appear before such a board shall be allowed to appear in person or by counsel, to cross-examine witnesses and to call witnesses on behalf of the officer. The officer shall at all stages of the proceeding be allowed full access to records pertinent to the case and be furnished copies of same. Failure to appear before such examining board shall be sufficient ground for a finding by such board that the officer ordered to appear be discharged from the service of the state. If the findings of such board are unfavorable to an officer and are approved as provided by applicable laws of the United States or this chapter and ORS chapters 396 and 398, the Governor shall relieve the officer from duty and shall give the officer a discharge in such form as may be appropriate. If the discharge of an officer is recommended solely because of physical inability to perform active service, such officer may be transferred to the retired reserve if eligible. [1961 c.454 §59]

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ORS 399.445 Officer bonds. Officers of the organized militia shall give bonds and security as may be required by the Adjutant General to secure the state against loss on account of misuse or misapplication of state or federal property and funds. Such bonds shall be conditioned upon faithful performance of all duties and the accounting for all property and funds for which the officer is responsible or accountable. The Adjutant General may, in lieu of the foregoing, enter into an agreement, conditioned in like terms and for the same purpose, with a qualified surety company to bond all officers of the organized militia without specifically naming them. The premiums on bonds shall be charged to funds appropriated for the support of the organized militia. [1961 c.454 §60]

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ORS 399.450 Responsibility for public property. An officer receiving public property for military purposes shall be accountable for the article so received by the officer until the article is returned, or is disposed of pursuant to law or by order of the Governor. Until the accounts of the officer are examined and found correct, the accountability of such officer or the estate of the officer shall not be affected in any way by resignation, discharge, change in official position or death. The Governor shall have the power to relieve officers of accountability upon good cause shown. [1961 c.454 §61]

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ORS 399.455 [1961 c.454 §62; repealed by 1963 c.169 §11]

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ORS 399.456 Uniform allowance. (1) A person who is appointed as a commissioned officer or warrant officer of the Oregon National Guard under the circumstances set forth in subsection (2) of this section shall, on the date of original appointment as a commissioned officer or warrant officer, be eligible to receive from the state an allowance of $170 for the purpose of purchasing military uniforms and equipment

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ORS 399.460 Oregon National Guard Association. All commissioned officers and warrant officers of the organized militia, including retired officers and warrant officers thereof, may organize themselves into an association, the name of which shall be the Oregon National Guard Association. The association may adopt bylaws not inconsistent with the statutes of this state and may alter and amend such bylaws. [1961 c.454 §52]

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ORS 399.505 Enlistment, period of service, transfer, discharge and extensions of enlistments. (1) The qualifications for enlistment and reenlistment, the periods of enlistment, reenlistment and voluntary extension of enlistment, the period of service, the form of oath to be taken and the manner and form of transfer and discharge of enlisted personnel of the organized militia shall be those prescribed by applicable federal and state laws and regulations

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ORS 399.510 Contract and oath of enlistment. Every person who enlists or reenlists in any force of the organized militia shall sign an enlistment contract and shall take and subscribe such oath or affirmation of enlistment as may be prescribed by applicable federal and state laws and regulations. Such oath shall be taken and subscribed before any commissioned officer or warrant officer of the organized militia or of any component of the Armed Forces of the United States. A person making a false oath as to any material statement contained in such enlistment contract is guilty of perjury and shall be punished upon conviction as provided by law. [1961 c.454 §65; 1981 c.24 §2]

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ORS 399.515 Explanation of military laws and Oregon Code of Military Justice to members of organized militia. (1) This section, ORS 398.006, 398.252 and 399.205 and the Oregon Code of Military Justice as described in ORS 396.128 shall be carefully explained to

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ORS 399.520 Noncommissioned officers. All noncommissioned officers of the organized militia shall be appointed in the discretion of the appointing officer upon the nomination of the officer under whose immediate command they are to serve. Appointing officers shall be designated in military department regulations issued pursuant to ORS 396.305. The appointment of a noncommissioned officer may be terminated as prescribed by such regulations. [1961 c.454 §66]

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ORS 399.525 Discharges. (1) An enlisted person may be discharged from any force of the organized militia prior to the expiration of the term of enlistment under such conditions as may be prescribed by applicable federal and state laws and regulations

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ORS 399.530 Dropping from rolls. When an enlisted person of the organized militia absents self without leave and there is reason to believe that the person does not intend to return, the person may be discharged in accordance with military department regulations issued pursuant to ORS 396.305. [1961 c.454 §68]

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ORS 399.990 Penalties. Any person violating ORS 399.125 commits a Class B misdemeanor. [1961 c.454 §77; 1963 c.169 §8; 2011 c.597 §190]

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