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USA Statutes : massachusetts
Title : PART I. ADMINISTRATION OF THE GOVERNMENT
Chapter : TITLE V. MILITIA
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Chapter 33: Section 1. Definitions Section 1. Words used in this chapter shall have the following meanings, unless a different meaning is clearly apparent from the language or context:—“Military forces of the commonwealth” shall include the organized militia as defined in section four, and members of the unorganized militia when drafted or accepted as volunteers under sections fifty-five and fifty-six.
“Enlisted person”, a member, other than a commissioned officer or a warrant officer, in the military forces of the commonwealth.
“Officer”, a commissioned officer or a warrant officer in the military forces of the commonwealth.
“Organization”, a command composed of two or more units.
“Unit” shall include headquarters, detachment, company, battery, troop, and equivalent air unit, and such other elements as may be determined by the commander-in-chief to come under such designation.
“Military custodian”, the senior military officer in command of troops stationed in an armory or air installation unless otherwise designated by the commander-in-chief.
Chapter 33: Section 10. Armed forces of commonwealth; composition Section 10. The armed forces of the commonwealth shall consist of the active national guard, army and air, and the inactive national guard, army and air. The commander-in-chief may from time to time prescribe, whenever necessary, a state guard or similar organization composed as permitted by law.
Chapter 33: Section 100. Dress uniforms Section 100. Any unit of the military forces of the commonwealth may, with the approval of a majority of its officers and of the commander-in-chief, adopt a distinctive dress uniform other than that prescribed under section ninety-eight, procured at its own expense, but such uniforms will not be worn, except by permission of the commander-in-chief, when such unit is on duty under his orders.
Chapter 33: Section 101. Unit clothing and equipment; issuance Section 101. Except as otherwise provided, units of the military forces of the commonwealth and the cadets of the Massachusetts military academy shall be provided, at the expense of the commonwealth, with the individual and unit clothing and equipment necessary for their proper training and performance of military duties. Individual and unit clothing and equipment shall be issued in the manner prescribed by the commander-in-chief.
Chapter 33: Section 102. Unit clothing and equipment; regulation of use Section 102. Individual and unit clothing and equipment so provided shall be used only for military purposes, under regulations promulgated by the commander-in-chief, who shall provide how and where such property shall be kept and used, and shall be returned when ordered by the commander-in-chief.
Chapter 33: Section 103. Military property; accounting Section 103. An officer or enlisted person shall be responsible for the proper care, safekeeping and return, when so directed, of all items of military property of the United States and of the commonwealth issued to him. He shall use the same for military purposes only, and upon being discharged, transferred or otherwise separated from the military service, or upon the demand of his commanding officer, shall forthwith deliver such item or items in his possession to the commanding officer, or to any officer ordered to receive them, in good order and condition, fair wear thereof excepted.
Chapter 33: Section 104. Wearing military uniforms; restriction Section 104. An enlisted person shall not wear or use, except when on ordered military duty, or by special permission of his unit commander or other competent military authority, any item of the uniform equipment, or other item of military property of the United States or of the commonwealth.
Chapter 33: Section 105. Loss or damage to military property; liability; restitution Section 105. (a) Any officer or enlisted person of the military forces of the commonwealth who damages, loses through carelessness or neglect, carries away, or unlawfully disposes of military property of the United States or of the commonwealth, shall be charged with the money value thereof, as determined by a surveying officer or board of survey detailed or appointed by the commander-in-chief to investigate and report upon the case. Such surveying officer or board of survey shall submit with the report all the evidence bearing upon the loss, damage or disposition of the property.
(b) When military property loaned by the United States government to the commonwealth has suffered loss or damage, the amount of such loss or damage shall be paid to the United States government by the commonwealth on approval of the adjutant general, by withholdings authorized from pay and allowances due the responsible officers of the armed forces of the commonwealth, or from sums paid to the commonwealth by the adjutant general on account of such loss or damage and collected by him from officers of the armed forces responsible therefor, or from their bondsmen.
Chapter 33: Section 106. Conversion of military property; penalty Section 106. Any officer or enlisted person who willfully or maliciously damages, defaces or destroys any military property of the United States or of the commonwealth, or who carries away or unlawfully disposes of such property, or who retains in his possession such property and neglects or refuses to return it when so ordered, or who uses it in violation of the regulations or law, or who fails satisfactorily to account for it, shall be punished as a court-martial may direct.
Chapter 33: Section 107. Unlawful purchase of military property; penalty Section 107. Whoever knowingly purchases, retains or has in his possession any item of military property of the United States or of the commonwealth, unless the same shall have been issued to him, or is in his possession in accordance with law, shall be punished by a fine not exceeding ten times the value thereof.
Chapter 33: Section 108. Custodians of military property; bond; duties; accountability Section 108. Any officer or noncommissioned officer of the armed forces of the commonwealth to whom monies or public property are at any time issued may be required to give bond to the commonwealth, in such amount and with such surety or sureties as may be determined by the commander-in-chief, conditioned upon the faithful performance of his duties, accounting properly for all monies or property received by virtue of his assignment and duties during the term of such bond, and turning over to his immediate successor, or other officer designated by the commander-in-chief, all records, reports, monies or property for which he is accountable as provided for under section one hundred and twelve.
Chapter 33: Section 109. Use of schedule bonds Section 109. The adjutant general may arrange for such schedule bond as he deems advisable to take the place of individual bonds required by law from any officer or officers or noncommissioned officer or officers of the armed forces of the commonwealth. Each such schedule bond shall be with surety satisfactory to the commander-in-chief and conditioned that the officers and noncommissioned officers holding the positions specified in said bond shall faithfully perform the duties of their respective offices; and it shall contain such other conditions or provisions as may be required by law.
Chapter 33: Section 11. National guard; composition Section 11. The national guard, army or air, shall consist of such organizations and units as the commander-in-chief may from time to time authorize to be formed, all to be organized in accordance with the laws of the United States affecting the national guard, army and air, and the regulations issued by the appropriate secretary of the department of defense.
Chapter 33: Section 110. Premiums on bonds; payment Section 110. The premium due to any surety company for acting as surety on any bond given under the provisions of sections fifteen, ninety-six, one hundred and eight and one hundred and nine shall be paid by the commonwealth.
Chapter 33: Section 111. Custodians of military property; powers and duties Section 111. (a) An officer shall be responsible for military property of the United States and of the commonwealth received by him, and shall not sell, loan or transfer it or any part of it, without the authority of the commander-in-chief; and shall be liable to the commonwealth for all such property defaced, injured, destroyed or lost by his neglect or default, or for its value, to be recovered in an action of tort brought by the state judge advocate in the name of the commonwealth.
(b) Commissioned officers shall exercise the strictest care and vigilance for the preservation of the individual and unit clothing and equipment and other property furnished their commands; and, in case of any loss thereof or damage thereto by their neglect or default, they shall be liable to such punishment as a court-martial may direct.
(c) When any officer or enlisted person neglects or refuses to return any military property of the United States or of the commonwealth or of any unit, or to account satisfactorily for it to the officer responsible for its custody, or to the officer ordered to receive it, such custodian or officer may make a written complaint directly to the colonel of state police, describing the missing property, and thereupon the state police shall make diligent search for the property, and shall take possession of all such property and turn the same over to the officer responsible for its custody.
Chapter 33: Section 112. Accounting for military property upon change of command or disbandment Section 112. (a) An officer of the military forces of the commonwealth, upon vacating an office, shall turn over to his immediate successor, or other officer designated by the commander-in-chief, all records, reports and military property in his possession belonging or in any way pertaining to such office.
(b) Upon the disbandment of any unit which has received military property for military use, the officers responsible for such property shall return it to the officer ordered to receive it.
(c) Until such officer responsible for military property or his legal representative receives from the adjutant general notice that the property accounts of such officer have been found correct, the liability of such officer or of his estate for military property shall continue. Upon the death or desertion of an officer responsible for military property his immediate commanding officer shall at once cause such property to be collected, and a correct inventory made by physical count and examination. Such inventory shall be forwarded to the adjutant general, and compensation for any shortage may be recovered as provided in subsection (a) of section one hundred and eleven.
Chapter 33: Section 113. Inspection and condemnation of military property; reports Section 113. A state surveying officer or a board of officers designated by the commander-in-chief shall inspect and condemn military property of the commonwealth unfit for use. No such property shall be sold until it has been inspected and condemned, and the condemnation approved by the commander-in-chief, except that subsistence stores of a perishable nature, which would spoil before action could be taken by the state surveying officer or a board as above provided, may be sold, or given to a non-sectarian charitable institution by the officer responsible therefor, after survey by an officer detailed by the commanding officer of the organization. The report of the survey, approved by the commanding officer, shall be forwarded by the responsible officer. The proceeds of any sales made hereunder shall be paid to the commonwealth.
Chapter 33: Section 114. Lease of military property Section 114. The governor, with the advice and consent of the council, may lease to, or permit to be used by, the armed forces of the United States, military property belonging to the commonwealth, upon such terms and conditions as will fully protect the interests of the commonwealth.
Chapter 33: Section 115. Personal property of units Section 115. Any unit of the military forces of the commonwealth may own personal property, to be under the control of the active members thereof; and the commanding officer of any such unit may recover in his own name for its use, in any county where such unit or part thereof is located, any debts or effects belonging to it, or damages for injury to such property. No suit pending in his name shall be abated by his ceasing to be commanding officer of the unit; but his successor shall be admitted to prosecute the suit.
Chapter 33: Section 116. Acceptance of gifts Section 116. The adjutant general, with the approval of the governor and council, may accept on behalf of the commonwealth any gift or bequest of personal property to or for the use of the military forces of the commonwealth, and shall forthwith transfer any money or securities so received to the state treasurer who shall administer the same as provided in section seventeen A of chapter ten.
Chapter 33: Section 117. Establishment; responsibility of cities and towns; penalty for noncompliance Section 117. Cities and towns shall provide for units of the armed forces of the commonwealth not provided with a state armory or air installation, and permanently stationed within their limits, adequate facilities, including a suitable hall for the purpose of drill, and suitable rooms, properly equipped, annexed thereto for the assemblies of such units, for administrative work, and for the safekeeping of military property. They shall provide for such facilities the necessary fuel, lights, water, janitor service and necessary repairs, or shall make a reasonable monetary allowance therefor to the commonwealth.
Where two or more units of the armed forces of the commonwealth are permanently stationed in the same city or town, the city or town may, instead of providing each with a suitable hall for drill, provide one or more halls to be used by the units in common.
Any city or town failing to comply with this section shall forfeit to the commonwealth a sum not exceeding five thousand dollars for each year, for each unit, during which such failure continues, to be recovered upon an information in equity brought in the superior or supreme judicial court by the attorney general at the relation of the adjutant general. Any amount so forfeited shall be credited to the armory appropriation for the fiscal year in which the forfeiture occurs.
Chapter 33: Section 118. Rentals Section 118. For each armory, air installation or adequate facility maintained by a city or town, or privately owned, there shall annually be allowed and paid by the commonwealth such rental as has been mutually agreed upon.
Chapter 33: Section 119. Rental bills; contents; filing; payment Section 119. The mayor or city manager of a city, or the selectmen of a town, providing an armory, air installation or adequate facilities for the use of the armed forces of the commonwealth, shall annually submit, on or before June first, to the state quartermaster, through the senior commanding officer stationed therein, a bill for the rental thereof. All such bills shall give the designation and location of each armory, air installation or facility and the designation of each unit quartered therein. The state quartermaster shall annually, not later than June thirtieth, file with the state comptroller his certificate, stating the sum allowed for each armory, air installation or facility, the designation of each unit occupying it, and the city or town making the return, and thereupon he shall notify the mayor or selectmen of the sum allowed, which shall be paid to the city or town.
Chapter 33: Section 12. Discrimination or segregation because of race, color or national origin Section 12. No person shall be denied the enjoyment of any military right, or be discriminated against in the exercise of any military right, or be segregated in the military forces of the commonwealth, because of race, color or national origin.
Chapter 33: Section 120. Armories furnished by state; effect on municipal responsibility Section 120. When any armory or air installation is furnished by the commonwealth in any city or town, the adjutant general shall notify the city or town where such armory or air installation lies, and thereupon all obligations of said city or town as to said armory or air installation under section one hundred and seventeen, and all allowances and payments by the commonwealth for rent, shall cease, as to the units quartered in said armory or air installation.
Chapter 33: Section 121. Firing ranges; responsibility of cities and towns; alternative arrangement; penalty for noncompliance Section 121. Cities and towns shall provide and maintain for units of the armed forces of the commonwealth permanently stationed within the limits of their respective cities or towns, a suitable outdoor range for small arms practice. In lieu thereof, the city or town shall annually pay to the units located within its limits, such amounts as may annually be determined by the adjutant general to defray the costs of transportation, meals, target hire and other necessary expenses in connection with annual small arms firing, not exceeding seven dollars per person enrolled therein as of December thirty-first in each year; provided, however, that no payments shall be made by the cities and towns under this section if sufficient sums are provided by the federal or state governments for such purposes.
Any city or town failing to comply with the above requirements shall forfeit to the commonwealth a sum not exceeding five thousand dollars per unit stationed therein for each year during which such failure continues, to be recovered upon an information in equity brought in the superior or supreme judicial court by the attorney general at the relation of the adjutant general. Any amount so forfeited shall be credited to the appropriation for small arms practice for the fiscal year in which the forfeiture occurs. The above cities and towns may acquire land for ranges by purchase or lease, or by eminent domain under chapter seventy-nine, and may raise money by taxation or otherwise for this purpose.
Chapter 33: Section 122. Use of armories; nature and scope Section 122. (a) Armories and air installations provided for the armed forces of the commonwealth shall be used by them for the military purposes or purposes incidental thereto designated by the commander-in-chief. Any state armory or air installation when not in use for military purposes may be used without charge and subject only to rules and regulations promulgated by the commander-in-chief for social activities or athletics by military units stationed in such armory or air installation. Non-military use of an armory under this section shall not be permitted if it interferes with its military use.
(b) Any armory or air installation may be used for the purposes set forth in subsections (c) and (e) in accordance with terms and conditions prescribed by the commander-in-chief, upon application therefor to the adjutant general through the military custodian of the armory or air installation. No such application shall be granted unless it is approved by the military custodian and the adjutant general and contains a certificate from each unit commander whose drill or other military duty is to be changed or modified by such use, stating that he approves the application and that such change or modification will not in any way be detrimental to his unit or to its training, and further stating in detail the manner in which said change or modification is to be effected. Such applications may, after the lapse of one year from the date of their receipt, be destroyed or disposed of by order of their lawful custodian, and any proceeds received in the course of their disposal shall be paid to the commonwealth.
(c) Subject to subsection (b), armories or air installations may be used temporarily for the following public purposes:(1) A public meeting or hearing held by a state department, board or commission.
(2) An examination conducted by a state department, board or commission.
(3) A meeting of an organization composed of veterans of the wars of the United States, or the Korean emergency, their auxiliaries, drill teams, bands and drum corps of organizations of veterans, a board of trade, a chamber of commerce, or a meeting to raise funds for any non-sectarian charitable or non-sectarian educational purpose.
(4) A meeting to raise funds for a benefit association of policemen or firemen.
(5) Elections, primaries or caucuses, and town meetings.
(6) A meeting or rally of a political party or a municipal party, as defined by section one of chapter fifty, conducted by the duly constituted local committee of such party; provided, that no party shall be permitted to use the same armory more than twice in the same year.
(7) A meeting of any organization of boys and girls under eighteen years of age, or of any student military organization the purpose of which is to prepare the members thereof for military service. Upon application to the commander-in-chief and on terms and conditions prescribed by him such organizations may be permitted to use for parade or drill purposes such grounds owned by the commonwealth as are used by the armed forces.
(d) Compensation for the use of any armory or air installation under subsection (c) shall be fixed by the adjutant general with the approval of the commander-in-chief, and shall be at least sufficient to cover all expenses of lighting, heating and guarding the armory or air installation, and similar expenses. Such compensation shall be paid to the adjutant general, who shall pay the same to the commonwealth.
(e) Subject to subsection (b) an armory or air installation may be used for:(1) Athletic contests and social or civic activities conducted by responsible organizations or associations.
(2) For a period not exceeding nine days for any exhibition of the products of labor, agriculture or industry, including any automobile exhibition conducted by a responsible organization, and, for the purpose of decorating the premises, for such additional time immediately preceding said period, not exceeding eighteen hours, as may be approved by the military custodian and the adjutant general, and for the purpose of removing decorations, exhibits or equipment, for such additional time immediately following said period, not exceeding eighteen hours, as may so be approved; provided, that the compensation for such uses shall in no case be less than the fair rental value, for the entire period during which the armory or air installation is occupied by any such exhibit or equipment, of halls of a similar nature in the same or a similar city or town, together with a sum sufficient to cover the expenses of providing such guards and labor as may be necessary to protect the armory or air installation while so used and to remove and replace items of military equipment while so used. Subject to the foregoing limitation, such compensation shall be fixed by the adjutant general with the approval of the commander-in-chief and shall be paid as provided in subsection (d).
(f) Each organization using an armory or air installation under subsection (c) or (e) shall, under rules and regulations prescribed by the commander-in-chief, pay for any damage to or loss of any property or equipment and for any personal injury for which the adjutant general or other state official may be legally liable. Said rules and regulations may also require that such organization shall file with the adjutant general a bond in such form and amount and containing such conditions as said rules and regulations may prescribe.
(g) The adjutant general is authorized to enter into interagency agreements with other state agencies and to charge other state agencies for the use of any armory, air installation or other facility under his control.
Chapter 33: Section 123. Control of armories during period of occupation; exception Section 123. Every officer whose unit occupies, or assembles or drills in any armory, or air installation, drill hall or building used according to law for that purpose shall have control of such premises during the period of occupation, subject to orders of his superior officers, and any person intruding contrary to his orders or to the orders of his superior officers, or who interrupts, molests, obstructs or insults the troops or any of them so occupying such premises, may be ejected, forcibly if necessary, or may be dealt with as provided in sections sixty-five and sixty-six for like offences, at the discretion of such officer or of his superior officers, but in armories not classified as state armories reasonable inspection of the premises may be made by the mayor or city manager or the selectmen, or the owners of the premises.
Chapter 33: Section 124. Operation of certain apparatus in armories; regulations Section 124. An officer or enlisted person of the armed forces of the commonwealth licensed under chapter one hundred and forty-three, may, in any armory or air installation or other place permanently occupied by the commonwealth for military purposes, operate any cinematograph or similar apparatus owned or controlled by the commonwealth, without obtaining any special license required by law; provided, that all other laws of the commonwealth and the regulations of the state police relative to the use of the cinematograph or similar apparatus are complied with.
Chapter 33: Section 125. Armory commission; powers and duties in respect to erection, maintenance and control Section 125. The armory commission provided for in section eighteen of chapter six shall have full supervision and control of the construction of all armories or air installations taken, purchased or erected by the commonwealth, and on completion and acceptance of any such armory or air installation the care and maintenance thereof shall devolve upon the state quartermaster.
Armories or air installations built or purchased by the armory commission or its predecessors shall be known as state armories and state air installations.
All such armories or air installations shall be under the control of the commander-in-chief and shall be cared for and maintained by the commonwealth, and the necessary expenditures for care and maintenance shall be made by the state quartermaster subject to the approval of the adjutant general.
Chapter 33: Section 126. Armory commission; powers and duties in respect to location and rejuvenation of armories; method of acquiring land Section 126. The armory commission shall rebuild, remodel or repair state armories or air installations injured or destroyed by fire, and may reconstruct, remodel, enlarge or otherwise improve existing state armories, or air installations if it deems the needs of the service so require, and shall construct additional armories or air installations until the armed forces of the commonwealth shall be provided with adequate quarters.
It shall designate the location of armories and air installations so to be constructed and shall thereupon, in behalf of the commonwealth, take by eminent domain under chapter seventy-nine, or acquire by purchase or otherwise, suitable lots of land in the respective cities or towns designated, and shall erect, furnish and equip thereon armories or air installations sufficient for one or more units of the armed forces of the commonwealth as it deems necessary, but no land shall be acquired and no buildings erected, reconstructed, remodeled or enlarged until the site and plans thereof, and the total amount to be authorized therefor, have been approved by the governor and council.
It may, in behalf of the commonwealth, and with the approval of the governor and council, take by eminent domain under chapter seventy-nine, or acquire by purchase or lease, land suitable for ranges for target practice for the armed forces of the commonwealth and upon such land may, with the approval of the governor and council, erect such buildings and construct such facilities as may be needed.
Land acquired by purchase under this section shall be paid for by the commonwealth upon the execution of such a release or conveyance as shall be prescribed by the attorney general.
It may, in behalf of the commonwealth, and with the approval of the governor and council, dispose of an armory or air installation, whenever it deems that the continued existence of such armory or air installation no longer suitably or efficiently serves the purposes of the armed forces of the commonwealth either due to obsolescence or changes in the defense requirements.
Chapter 33: Section 127. Purchase of municipally owned military installation Section 127. The armory commission may, by agreement with the mayor or city manager of any city or the selectmen of any town owning an armory, air installation or outdoor target range, determine the value of the land and buildings, and on approval of such agreement by the governor and council may purchase said armory, air installation or outdoor target range in behalf of the commonwealth, and thereupon title to the land and buildings so purchased shall vest in the commonwealth.
The armory commission may, by agreement with the owners of the armory of the First Corps of Cadets in Boston and of the armory of the Lawrence Light Guard in Medford, determine the value of the land and buildings, and on approval of such agreement by the governor and council may purchase in behalf of the commonwealth either or both of said armories, and thereupon title to the land and buildings so purchased shall vest in the commonwealth.
Chapter 33: Section 128. Armory commission; use of appropriated funds; federal grants Section 128. To meet the expenses incurred under sections one hundred and twenty-six and one hundred and twenty-seven, the armory commission may expend such amounts as are appropriated therefor by the general court, together with such armory loan funds as may from time to time be authorized specifically by the general court, and may accept from the federal government, and may expend, subject to appropriation, any funds or contributions toward the erection, alteration or maintenance of, or the making of any addition to, any armory, air installation, or facility; provided, that all title, interest and control therein remains vested in the commonwealth.
Chapter 33: Section 129. Maintenance of armories by private organizations Section 129. Except as provided in section one hundred and thirty, no body of men shall maintain an armory or associate together as a company or organization for drill or parade with firearms, or so drill or parade, except the armed forces of the United States, the armed forces of the commonwealth, and, the Ancient and Honorable Artillery Company of Massachusetts; provided, that any veteran association composed wholly of past members of the militia of the commonwealth may maintain an armory for the use of the organizations of the militia to which its members belonged.
Chapter 33: Section 13. Discrimination because of employment; penalty Section 13. Whoever wilfully deprives an officer or enlisted person of his employment, or denies him employment, or prevents his being employed by another, or obstructs or annoys him or his employer in respect of his trade, business or employment, because of his connection with the armed forces of the commonwealth, or because of his necessary absence from business in performance of his duty as such, and whoever dissuades any person from enlisting in the said armed forces of the commonwealth by threat of injury to him in respect of his employment, trade or business, or of other injury, if he shall so enlist, shall be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than six months, or both.
Chapter 33: Section 130. Drills or parades by armed citizens or foreign troops; conditions Section 130. The commander-in-chief may prescribe rules and regulations under which bodies of citizens of the United States, or foreign troops to whose admission to the United States the government of the United States has consented, may drill or parade with firearms or harmless imitations thereof. He may authorize the use by any such body of any state armory or air installation for drill or training.
Chapter 33: Section 131. Unauthorized parades by armed citizens; unlawful maintenance of armories; penalties Section 131. Whoever violates any provision of section one hundred and twenty-nine or one hundred and thirty shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than six months, or both.
Chapter 33: Section 132. Ancient and honorable artillery company; rights preserved Section 132. This chapter shall not affect the right of the Ancient and Honorable Artillery Company of Massachusetts to maintain its organization as a military company and its constitution and by-laws in so far as the same are not repugnant to the laws of the commonwealth or of the United States.
Chapter 33: Section 132A. Repealed, 1964, 722, Sec. 4 Chapter 33: Section 133. Civil officers; penalties for violation of chapter Section 133. Civil officers named in this chapter who neglect or refuse to obey any of its provisions shall, except as otherwise expressly provided, forfeit not less than twenty nor more than five hundred dollars.
Chapter 33: Section 134. Corps of cadets; rights preserved Section 134. The First Corps of Cadets and the Second Corps of Cadets shall be organized as the commander-in-chief directs, and may retain their respective names, the right to wear such distinctive uniforms as may be approved from time to time by the commander-in-chief, and retain their ancient privileges as prescribed by the act of congress known as the National Defense Act.
Chapter 33: Section 135. National guard; representation at conventions Section 135. The commander-in-chief may appoint delegates from the National Guard Association of Massachusetts, Inc. to represent the national guard, army and air, of the commonwealth at the annual conventions of the National Guard Association of the United States. Said commander-in-chief may also appoint delegates from the Massachusetts National Guard Enlisted Association to attend the annual conventions of the Enlisted Association of the National Guard of the United States. The necessary expenses of the delegates so appointed from the active national guard, army or air, may be paid out of military appropriations; provided, however, that no more than a total of thirty delegates shall be appointed annually to attend said conventions; and provided, further, that at no time shall the total amount of expenses paid to any delegate so appointed exceed the rate of fifteen dollars per day.
Chapter 33: Section 136. [There is no 33:136.
] Chapter 33: Section 137. National guard education assistance program Section 137. There is hereby established a Massachusetts national guard education assistance program. Said program shall be administered by the board of regents which shall have the authority to issue a certificate of exemption from the matriculation fee and tuition to any member of the Massachusetts army or air national guard who is enrolled at any state institution in a program the cost of which is borne by the commonwealth and who is qualified as hereinafter provided. Said certificate shall remain in effect one full academic year and shall be renewed after the student has completed a full academic year of work equal to thirty semester hours, in accordance with regulations prescribed by said board: one certificate may therefore be in effect for more than one year.
To receive benefits from the program, the member shall be a member in good standing of the active Massachusetts army or air national guard at the beginning of each semester that benefits are payable and shall remain a member in good standing of the active Massachusetts army or air national guard throughout the entire semester for which benefits are payable.
Assistance shall continue for the benefit of said member only during such time as he remains a student in good standing at the institution in which he is enrolled and in no event shall any student receive the benefits for more than one hundred and thirty semester hours.
Enrollment of a member in a course at said institutions shall be dependent on the availability of seats. Availability of seats for the purposes of this section shall mean vacancies that exist in a course after the enrollment of all tuition paying students, and all students who are enrolled under any scholarship or tuition waiver provisions.
Chapter 33: Section 14. Aides-de-camp; qualifications; uniform Section 14. The aides-de-camp of the commander-in-chief shall consist of such appointed or detailed aides as the governor shall deem necessary. Officers detailed under this section shall not be relieved from their ordinary national guard, army or air duties.
The aides-de-camp shall be commissioned and hold office until their successors are qualified. They may be removed at any time by the commander-in-chief.
No person shall be eligible to appointment as such aide-de-camp unless the individual so appointed shall have served at least two years in the armed services of the United States in time of war or national emergency, or the organized militia of the commonwealth, or the Ancient and Honorable Artillery Company of Massachusetts.
The commander-in-chief shall prescribe by directive, the uniform of such appointed aides-de-camp.
Chapter 33: Section 15. State staff; composition; qualifications; tenure Section 15. (a) The state staff shall consist of one adjutant general, with the grade of major general, who shall be the chief of staff to the commander-in-chief and the chief of the state staff, and the officers provided for in this section, each of whom shall perform his duties under the direction of the adjutant general. To be eligible for initial appointment on the state staff, an officer shall have federal recognition in an organization or unit of the Massachusetts national guard, army or air. He shall thereafter hold his position until he reaches the age of sixty-five years unless separated prior to that time by resignation, disability, or for cause by a court-martial legally convened for that purpose.
(b) The adjutant general shall be appointed by the governor, in his capacity as commander-in-chief, from those persons who are, or have been, active commissioned officers in the Massachusetts national guard, army or air, for a period of not less than five years and who have attained, while serving therein, or in the national guard of the United States, a grade not lower than that of lieutenant colonel. He shall serve for a term coterminous with that of the governor and shall receive the same pay as an officer of the regular service of corresponding grade with corresponding length of service.
He shall be charged with carrying out the policies of the commander-in-chief and shall issue orders in his name, but he shall not personally exercise command of troops in his capacity as adjutant general.
He shall be the immediate adviser of the commander-in-chief on all matters relating to the militia and shall be charged with the planning, development and execution of the program of the military forces of the commonwealth. He shall cause the state staff to prepare plans for recruiting, organizing, supplying, equipping and mobilizing the organized militia, for use in the national defense, for state defense and emergencies, and for demobilizing the militia.
He shall hold major organization commanders responsible for the proper training of their commands, and all orders and instructions for the government of the militia and of the officers and enlisted persons therein shall be issued and communicated to those concerned through military channels.
He shall make such returns and reports as may be prescribed by the commander-in-chief or required by the laws or regulations of the commonwealth or of the United States, and may detail such officers of appropriate grade and employ such clerks and other assistants as may be necessary in his division at an expense not exceeding the amount appropriated therefor. He shall keep a roster of all Massachusetts veterans in alphabetical order by cities and towns and shall provide, upon request, said rosters to such cities and towns.
Except in those cases where by law or regulation specific powers are conferred on the adjutant general as such, he shall have no authority independently of the commander-in-chief, from whom his orders shall be considered as emanating, and the acts of the adjutant general shall be regarded as in execution of the orders of the commander-in-chief.
Under the control of the governor, in his capacity as commander-in-chief, the adjutant general shall be the executive and administrative head of the military division of the executive branch of the government of the commonwealth. Except as otherwise provided, he shall require that all contracts and may require that all expenditures made by the division be submitted to him for approval.
(c) There shall be five full-time assistant adjutants general, one of whom shall be designated executive officer and one of whom shall be designated assistant adjutant general for air, who shall perform such duties as may be delegated to them by the adjutant general, or as prescribed in orders and regulations from time to time.
(d) There shall be one full-time state quartermaster who shall, except as otherwise provided in this chapter and in chapter three hundred and forty-four of the acts of nineteen hundred and thirty-six, have the care and control of all land and buildings held for military purposes and all other military property of the commonwealth except such as is by law expressly intrusted to the keeping of others. He shall be the state finance officer for the receipt, disbursement and accounting for all funds received by him for the payment, equipment, travel and subsistence of the armed forces of the commonwealth. He shall give bond to the commonwealth in the penal sum of twenty thousand dollars with surety or sureties approved by the commander-in-chief, conditioned upon the faithful performance of his duties as prescribed herein. He shall have advanced to him by the commonwealth, under such rules and regulations as the state comptroller may prescribe, one hundred per cent of the pay and mileage for duty under section forty, forty-one, forty-two or sixty, and shall return the unexpended balance of the sum so advanced as soon as possible, or at such times as the comptroller may require.
(e) There shall be a state surgeon who shall be adviser to the military division on all matters pertaining to the medical services of the armed forces of the commonwealth. He shall be a member of the board provided for in section ninety.
(f) There shall be a state judge advocate who shall be the legal adviser of the military division on all matters referred to him by law or by the commander-in-chief. He shall examine and report in writing to the commander-in-chief on all proceedings of courts-martial requiring the action of the commander-in-chief. He shall be a member of the boards provided for by sections fifty-two, ninety and ninety-five of this chapter. He may be detailed by the commander-in-chief to attend any encampment, and during the encampment shall within the limits of the camp and for a distance of one mile outside said limits have the jurisdiction of a district court of all offenses then and there committed. There shall be a full-time deputy state judge advocate who shall receive the same pay and allowances as an officer of the regular service of corresponding grade with corresponding length of service but not exceeding that of colonel.
(g) There shall be a state property officer who shall be the property and fiscal officer for the commonwealth in the receipt, issue, and accounting of all federal funds and property issued or allotted to the commonwealth in connection with the armed forces. He shall make such returns and reports concerning the same as may be required by law and regulation and shall carry out such orders as may be issued from time to time by the department of defense. He shall hold rank in accordance with the national defense act, and acts in addition thereto or in amendment thereof, and regulations issued thereunder. He shall perform such other duties as may be prescribed by the commander-in-chief.
(h) There shall be a state engineer officer who shall be adviser to the military division on all technical matters involved in the construction, alteration and repair of all structures and installations intended for the use of the armed forces of the commonwealth. He shall be ex officio a member of the armory commission provided for in section eighteen of chapter six.
(i) There shall be a state inspector and a state ordnance officer who shall perform such duties pertaining to their respective offices as prescribed in orders or regulations from time to time by the commander-in-chief.
(j) Except when ordered on duty under section thirty-eight, forty, forty-one, forty-two or sixty of this chapter, the officers of the state staff shall respectively receive the following salaries:—the assistant adjutants general, the same pay as an officer of the regular service of corresponding grade with corresponding length of service but not exceeding that of colonel; provided, however, that the assistant adjutant general who is designated executive officer shall hold the grade of brigadier general and shall receive the same pay as an officer of the regular service of corresponding grade with corresponding length of service, but not exceeding that of brigadier general; the state quarter master, the same pay as an officer of the regular service of corresponding grade with corresponding length of service but not exceeding that of colonel; the state surgeon, twenty-seven hundred and fifty dollars; provided, however, that for services rendered to the commissioner of veterans’ services in cases of state or military aid and soldiers’ relief he may receive such additional compensation, not exceeding thirteen hundred and twenty-six dollars per annum, as said commissioner shall approve; the state judge advocate, twenty-seven hundred and fifty dollars; the state property officer eleven hundred dollars; the state engineer officer, twenty-seven hundred and fifty dollars; the state inspector and the state ordnance officer, sixteen hundred and fifty dollars each.
(k) During the absence or disability of an officer of the state staff, or during such time as he is in the active military service of the United States, the commander-in-chief may in orders designate some officer to perform his duties.
Chapter 33: Section 16. State staff; interest in purchases or sales; exception Section 16. The adjutant general and officers of the state staff shall not be interested, directly or indirectly, in the purchase or sale of any articles intended for, or appertaining to, their respective departments, except for and on account of the commonwealth; nor shall they or any of them take or apply to his or their own use, for negotiating or transacting business in their respective departments, any gift, gain or advantage other than that allowed by law. The holding of less then five per cent of the stock of a corporation which is the vendor or purchaser of any article as above described when the officer concerned neither holds office in such corporation nor receives from it any emoluments other than dividends as a shareholder, shall not be deemed to be included in the prohibition of this section.
Chapter 33: Section 17. State staff; interest in purchases or sales; penalties for violations Section 17. Any officer violating any provision of section sixteen shall be punished by a fine of not more than five thousand dollars, or by imprisonment for not more than two and one half years in a jail or house of correction or not less than two and one half nor more than five years in the state prison, or by both such fine and imprisonment.
Chapter 33: Section 18. Active duty for officers at division headquarters; appointment; eligibility; compensation Section 18. (a) The adjutant general, upon recommendation of the commanding officer of a federally recognized infantry division may order to active duty three officers to serve in the division headquarters. When so ordered to duty, such officers shall perform such duties appropriate to their positions as may be assigned by the commanding officer and shall receive the same pay as an officer of the regular service of corresponding grade with corresponding length of service but not exceeding the pay of a colonel, lieutenant colonel and major, respectively. To be eligible for duty as aforesaid, such officers shall have federal recognition for both their grade and position.
[There is no subsection (b).
] Chapter 33: Section 19. Massachusetts military academy; establishment; curriculum; academic board; membership; compensation Section 19. (a) There is hereby established the Massachusetts Military Academy, hereinafter called the academy, which shall offer to selected enlisted persons and officers of the armed forces of the commonwealth of satisfactory educational and military attainments such courses of instruction to prepare them for the responsibility of commissioned command as the commander-in-chief may prescribe.
(b) Under such regulations as the commander-in-chief may prescribe, the educational policies, courses of study, standards of admission and graduation of the academy shall be determined by an academic board of twelve commissioned officers, of whom one shall be the senior army advisor and one shall be the commandant of the academy, to be appointed by the commander-in-chief. At least a majority of the members of said academic board shall be active officers of the national guard, army or air, at the time of their appointment. Members of the academic board shall serve for such terms as the commander-in-chief may prescribe, or until relieved by his order.
(c) Subject to the approval of the commander-in-chief, the academic board shall appoint a commandant and an assistant commandant of the academy, who shall serve for such terms as the academic board may prescribe, or until their resignations are accepted, or until they are relieved by a majority vote of the said board.
(d) The commandant shall select faculty members, instructors and employees and shall administer the academy in accordance with such regulations as the academic board may prescribe.
(e) The commandant and such other persons as may be detailed under the provisions of this section shall receive such pay and may incur such expenses for the operation of the academy as may be approved therefor.
Chapter 33: Section 19A. Agencies within military division; duty of adjutant general regarding functions and operation Section 19A. The armory commission established by section eighteen of chapter six, and the division of civil defense established by section two of chapter six hundred and thirty-nine of the acts of nineteen hundred and fifty and all other agencies within said division of civil defense, including the civil defense advisory council, the civil defense claims board, are hereby declared to be within the military division; provided, that nothing herein shall be construed as conferring any powers or imposing any duties upon the adjutant general with respect to the foregoing agencies except as expressly provided by law.
The adjutant general shall conduct comprehensive planning with respect to the functions of said agencies and coordinate their activities and programs. He shall conduct studies of the operations of said agencies with a view to effecting improvements in administrative organization, procedures and practices, and to promoting economy, efficiency, and avoiding useless labor and expenses in said agencies. He shall from time to time recommend to the governor such changes as he shall deem desirable in the laws relating to the organization, structure, efficiency or administrative functions, services, procedures and practices of said agencies or any of them. He shall have the same power as the secretaries having charge of the executive offices established by chapters six A and seven to review and act upon budgetary and other financial matters concerning said agencies in accordance with sections two C, three, three A, four, nine B, twenty-seven A, twenty-seven B, twenty-nine and twenty-nine A of chapter twenty-nine; sections twenty-four C, twenty-five B, thirty-six and paragraph (5A) of section forty-six of chapter thirty; and sections twelve to fifteen, inclusive, and thirty-five and thirty-six of chapter thirty-one.
Chapter 33: Section 2. Membership Section 2. The militia of the commonwealth shall consist of all able-bodied male citizens and all other able-bodied males who have declared their intention to become citizens of the United States, between the ages of seventeen and forty-five, and who are residents of the commonwealth, and of such other persons, male and female, as may, upon their own application, be enlisted or commissioned therein pursuant to any provision of this chapter, subject, however, to such exemptions as are now, or may be hereafter, created by law.
Officers Chapter 33: Section 20. Officers; qualifications for appointment Section 20. No person shall be eligible to appointment, or be appointed, as an officer in the armed forces of the commonwealth who is not a citizen of the United States of eighteen years of age or over, resident in the commonwealth, or who is not certified as eligible by the military service commission as provided in section twenty-two; and no person shall be eligible to such appointment, or be appointed, who is under sentence of a court or board which disables him from holding office or command, or is under suspension from command in the armed forces of the United States or of any state, or is under sentence of imprisonment by a civil court, whether suspended or not, or is made ineligible to such service under the laws of the United States. No person shall receive a commission in the national guard, army or air, unless he shall possess such minimum qualifications as may be prescribed by the laws of the United States and has qualified for such commission thereunder.
Officers Chapter 33: Section 21. Legal, medical, dental or veterinary officers; qualifications Section 21. No person shall be eligible to appointment, or be appointed, as a legal, medical, dental or veterinary commissioned officer unless he is duly registered in accordance with the laws of the commonwealth, and complies with its laws relative to the practice of his profession.
Officers Chapter 33: Section 22. Military service commission; membership; powers and duties; compensation Section 22. (a) There shall be a military service commission, hereinafter called the commission, consisting of the adjutant general and six officers of the Massachusetts national guard, army and air. Three of such officers shall be selected from the army national guard, and three of such officers shall be selected from the air national guard. The commander-in-chief shall initially detail two such officers for terms of one year each, two such officers for terms of two years each and two such officers for terms of three years each. Thereafter all officers will be detailed to the commission for terms of three years by the commander-in-chief.
(b) The commission shall establish an eligible list for all commissioned and warrant officer grades in the armed forces of the commonwealth, and all commissioned officers of the armed forces shall be selected from the eligible list so established.
(c) The commission shall from time to time prepare rules, to take effect upon approval by the commander-in-chief, regulating the selection of persons to fill commissioned and warrant offices in the armed forces. Such rules may be of general or limited application and may include provisions for (1) the classification of all grades to be filled; (2) open, competitive and other examinations to test the practical fitness of the applicants; and (3) the filling of vacancies in and selection of persons for commission in the armed forces, in accordance with the fitness of applicants and the results of such examination.
(d) The commission may designate commissioned officers of the armed forces of the commonwealth to act as examiners.
(e) Members of the commission and the examiners shall receive such pay for duty performed, and may incur such expenses, as may be appropriated therefor.
(f) The commission shall prepare a record of its proceedings and findings in the case of each person appearing before it for examination.
(g) All examinations for physical qualifications to hold office in the armed forces of the commonwealth shall be made by a board of medical officers detailed by the commander-in-chief for that purpose, which shall report its findings to the commission. If the commission finds that an officer reported to be physically unsound possesses professional and general qualifications of a high order, and that his physical disabilities will not materially impair his efficiency as an officer, it may thereupon recommend waiver of such physical disabilities. A description of such disabilities and all reports and facts resulting in a waiver of the same shall be entered in the military record of the officer concerned.
(h) Examinations for professional qualifications to hold office in the armed forces of the commonwealth shall be made by a panel of the commission consisting of those members of the component of the candidate.
(i) An officer certified as eligible for his grade, if assigned to duty in that grade, shall not be required to take another examination under the rules adopted by authority of subsection (c) of this section in order to continue to hold the same commission or warrant; provided, that the commission may, by rule or regulation, limit the length of time during which an applicant’s name may remain on an eligible list without re-examination.
(j) Subject to Article LIII of the Articles of Amendment of the Constitution, any person certified as eligible for any specific grade in the national guard, army or air, under the laws of the United States, and graduates of the Massachusetts Military Academy, shall be placed on the eligible list by the commission without professional examination.
Officers Succession of Command Chapter 33: Section 23. Officers; appointment Section 23. (a)(1) A major general of the line, commanding a division, shall be appointed by the commander-in-chief from the brigadier generals of the line who have served in such offices for a period of at least two years.
(2) When a vacancy occurs in the office of a major general of the line, commanding a division, and there are no brigadier generals of the line qualified as provided in paragraph (1), the commander-in-chief will appoint one of the brigadier generals of the line to serve as acting division commander until the appointment of a major general becomes possible. If a brigadier general, appointed to serve as acting division commander under this subsection, is not appointed as a major general, he will revert to his previous command, which will not be filled by promotion during the time he serves as acting division commander.
(3) When a vacancy occurs in the office of a major general of the line, commanding a division, and there is only one brigadier general of the line, the commander-in-chief will appoint such brigadier general either as the division commander or as acting division commander. If appointed to be division commander, such brigadier general shall, when he has served for a period of at least two years as a brigadier general of the line, be appointed by the commander-in-chief to the grade of major general. If, however, a second brigadier general of the line becomes qualified and is appointed by the commander-in-chief as the division commander, the brigadier general who has been serving in an acting capacity shall revert to his former command, to which no promotion will be made during the period that he serves as acting division commander.
(4) When a vacancy occurs in the office of a major general of the line, commanding a division, and there are no brigadier generals of the line, the commander-in-chief shall appoint the senior officer then serving in the division to be the acting division commander until the appointment and qualification of a brigadier general of the line, who shall then be appointed by the commander-in-chief under the provisions of paragraph (3).
(5) When a vacancy occurs in the office of a major general of the line, commanding a division, and the commander-in-chief fails to appoint a division commander or acting division commander, the senior line officer then serving in the division shall issue an order assuming command, in the following form:“The office of commanding general, ____________ Infantry Division, having become vacant by (here state reasons why the office is vacated), I, (name and grade), by virtue of the fact that I am the senior line officer now serving in said division, do hereby assume command of this division.
(Signature)(Grade)”(6) Any officer assuming command under the provisions of paragraph (5) shall remain in command of the division until the commander-in-chief shall make an appointment of a division commander under the provisions of this section.
(b) Brigadier generals of the line shall be appointed by the commander-in-chief upon recommendation of their superior commander, if any, from the colonels who have had active service for at least two years as such.
(c) Regimental and separate organization commanders shall be appointed by the commander-in-chief upon the recommendation of superior commanders, if any.
(d) All other officers shall be appointed by the commander-in-chief upon the recommendation of appropriate commanders, approved by superior commanders.
Officers Succession of Command Chapter 33: Section 24. Oaths; form Section 24. Every commissioned officer, before entering upon the performance of his official duties or exercising any command, shall take and subscribe the following oaths and declarations:I, ____________, do solemnly swear that I will bear true faith and allegiance to the commonwealth of Massachusetts, and will support the constitution thereof. So help me, God.
I, ____________, do solemnly swear that I will obey the lawful orders of all my superior officers. So help me, God.
I, ____________, do solemnly swear that I will faithfully and impartially discharge and perform all the duties incumbent on me as ____________ according to the best of my ability and understanding, agreeably to the rules and regulations of the constitution and the laws of the commonwealth. So help me, God.
I, ____________, do solemnly swear that I will support the constitution of the United States. So help me, God.
All officers shall take and subscribe the said oaths before any competent authority or an officer qualified under section eighty-one to administer oaths, except retired officers and aides-de-camp of the commander-in-chief who may take said oaths before any competent authority; and the following certificate shall be printed on every commission and shall be signed by the person before whom the officer is qualified:This may certify that ____________, commissioned as within on this ______ day of ____________, A.
D.
, ___ personally appeared and took and subscribed the oaths required by the constitution and laws of this commonwealth and by a law of the United States, to qualify him to discharge the duties of his office. Before me, Officers Succession of Command Chapter 33: Section 25. Officers; performance of duties; prerequisites Section 25. No person commissioned as an officer or appointed as a warrant officer in the national guard, army or air, shall enter upon the performance of his official duties or exercise any command unless he shall possess such minimum qualifications, and shall have passed such other tests as to his physical, moral and professional fitness, as are prescribed by the laws of the United States, and shall have taken and subscribed to the oath of office. The commander-in-chief shall forthwith discharge, or place upon the retired list under section thirty-one, unless further time is allowed for cause, any officer failing to pass the tests required by this chapter or the laws of the United States and the regulations issued thereunder.
Officers Succession of Command Chapter 33: Section 26. Terms of office Section 26. The term of office of a major general of the line shall be five years. The term of office of a brigadier general of the line shall be six years. The term of office of a colonel, commanding an organization, except an air medical group or any army medical battalion, shall be seven years. The terms of office aforesaid shall commence from the date of appointment. Officers so appointed shall be ineligible for reappointment in the same office. The time during which an officer is in the military service of the United States under section one hundred and eleven of the National Defense Act shall be excluded from the term herein specified.
Officers Succession of Command Chapter 33: Section 27. Seniority of officers; determination Section 27. Seniority of officers of the same grade shall be determined by their date of rank, which shall be their date of appointment. Between officers of the same grade and date of rank the relative rank shall be determined by considering dates of rank in lower grades in the armed forces of the commonwealth, commissioned, warrant and enlisted, until seniority is established. If seniority is not so established it will be decided by relative age. The day of the appointment of an officer shall be stated in his commission and shall be considered as the date thereof.
Officers Succession of Command Chapter 33: Section 28. Uniforms Section 28. Officers shall provide themselves with uniforms and equipment prescribed by the commander-in-chief.
Officers Succession of Command Chapter 33: Section 29. Discharge of officers; grounds Section 29. (a) At any time the moral character, capacity and general fitness for the service of any officer may be investigated and determined by an efficiency board of three commissioned officers, senior in rank to him, to be designated by the commander-in-chief. The investigation may include misconduct in civil life for which the officer is not amenable to court-martial. If the findings of the board are unfavorable to the officer and are approved by the commander-in-chief, the officer shall be discharged.
(b) An officer may be honorably discharged by the commander-in-chief upon removal from the commonwealth, upon tender of resignation, or when he accepts an appointment in a regular component or in another reserve component of the armed forces of the United States.
(c) The commander-in-chief may discharge an officer who is under sentence of imprisonment by a civil court, whether suspended or not, or who has been absent without leave for two months continuously.
Chapter 33: Section 3. Organized and unorganized militia Section 3. The militia shall consist of two classes, namely, the organized militia, composed and organized as provided in this chapter, and the remainder, to be known as the unorganized militia. The unorganized militia shall not be subject to duty except in case of war, actual or threatened, invasion, the prevention of invasion, the suppression of riots, and the assisting of civil officers in the execution of the laws.
Officers Succession of Command Chapter 33: Section 30. Certificate of discharge; form Section 30. Officers discharged from the service of the commonwealth shall be entitled to a certificate of discharge, in such form as the commander-in-chief shall direct.
Officers Succession of Command Chapter 33: Section 31. Discharge of officers for superannuation; retirement Section 31. Any officer in the military forces of the commonwealth at the age of sixty-five shall be honorably discharged, or upon his own request, placed upon the retired list with the highest grade held by him in the active military service.
Any member of the armed forces of the commonwealth, with five or more years service as an officer and service in time of war in the armed forces of the United States, or fifteen years total service as an officer, may be placed upon the retired list with any grade held by him in the active military service or one grade higher, but in any case not to exceed the grade of major general; provided, however, that any such member who has had federal recognition in the grade of major general may, upon request, be placed upon the retired list in the grade of lieutenant general.
An officer upon the retired list accepting a commission in the active military forces of the commonwealth may again be placed upon said retired list, at his own request, with his former grade on the retired list, or any lower grade.
Officers Succession of Command Chapter 33: Section 32. Discharge or retirement for disability Section 32. The commander-in-chief may order any officer before a medical board consisting of at least three medical officers, and if the board reports such officer to be physically unable to perform the duties of his office, the commander-in-chief may discharge him or place him on the retired list.
Officers Succession of Command Chapter 33: Section 33. Retired officers; duties; compensation Section 33. Retired officers shall be commissioned on the retired list by the commander-in-chief, by regulations promulgated by him, and on occasions of ceremony may, and when acting under orders as hereinafter provided shall wear the uniform of their retired grade. They shall be eligible to perform any military duty to the same extent as if not retired, and the commander-in-chief may require them to serve upon military boards, courts of inquiry and courts-martial, or to perform any other duty, and while actively engaged in such duty they shall receive the pay and allowances under the provisions of subsection (a) of section eighty-three. They shall be amenable to court-martial for military offenses.
Enlisted Personnel Chapter 33: Section 34. Enlisted personnel; regulations Section 34. The commander-in-chief may, by regulations, prescribe the requirements for the enlistment, service and discharge of enlisted personnel, as he deems necessary.
Enlisted Personnel Chapter 33: Section 35. Enlisted personnel; appointments and promotions Section 35. The commander-in-chief shall provide, by regulations, how and by whom noncommissioned officers and other enlisted personnel shall be appointed, promoted and reduced.
Enlisted Personnel Chapter 33: Section 36. Dishonorable discharge Section 36. A dishonorable discharge shall be given only to carry out the sentence of a court-martial.
Enlisted Personnel Chapter 33: Section 37. Enlisted personnel; certificates of discharge Section 37. Discharged enlisted personnel shall be furnished with a certificate of discharge which shall clearly state their grade and the reason for their discharge.
Chapter 33: Section 38. Use of militia; escort duties; emergencies Section 38. The commander in chief may order out any part of the organized militia for escort and other duties including special duty and emergency assistance to state and local civil authorities in the preservation of life and property.
Chapter 33: Section 39. Use of militia outside the commonwealth Section 39. Except by order of the commander-in-chief, or with his consent, no unit of the armed forces of the commonwealth shall be ordered without the limits of the commonwealth or leave the commonwealth for any period or purpose whatever, with military property of the United States or of the commonwealth in its possession or use.
Chapter 33: Section 4. Organized militia, composition Section 4. The active or organized militia shall be composed of volunteers, and shall comprise the aides-de-camp of the Commander-in-chief, the state staff, the armed forces of the commonwealth as defined in section ten, the National Lancers, the retired list, persons employed as air defense technicians on the on-site missile program, and a special quartermaster detachment of enlisted personnel duly appointed as armorers in the various armories or air installations of the commonwealth.
The organized militia shall constitute the military division of the executive branch of the commonwealth.
Chapter 33: Section 40. Use of militia; invasion or insurrection Section 40. The commander-in-chief shall order out the armed forces to repel an invasion or to suppress an insurrection made or threatened.
Chapter 33: Section 41. Use of militia; riots Section 41. In case of a tumult, riot, mob or body of persons acting together by force to violate or resist the laws of the commonwealth, or when such tumult, riot or mob is threatened, or in case of public catastrophe or natural disaster, and the usual police provisions are inadequate to preserve order and afford protection to persons and property, and the fact appears to the commander-in-chief, to the sheriff of a county, to the mayor or city manager of a city or to the selectmen of a town, the commander-in-chief, upon his initiative or at the request of such sheriff, mayor or city manager or selectmen, may issue his order directed to the commander of any organization or unit of the armed forces of the commonwealth directing him to order his command, or any part thereof, to appear at a time and place therein specified to aid the civil authority in suppressing such violations, preserving order, affording such protection and supporting the laws.
Chapter 33: Section 42. Repealed, 1979, 134, Sec. 2 Chapter 33: Section 43. Written orders; conditions; contents Section 43. Whenever practicable all orders issued under section forty-one or section forty-two shall be in writing and signed by the civil officers or persons issuing the same. Such orders shall set forth the purpose to be accomplished by the military officer to whom addressed, but shall not prescribe the military measures to be used or the orders to be issued by such officer, who shall use such measures and issue such orders as he deems necessary to accomplish the purpose indicated.
Chapter 33: Section 44. Unit called into service; duties of commander Section 44. The officer to whom the order of the commander-in-chief, or a precept under section forty-two, is directed shall forthwith order the troops therein called for to appear at the time and place appointed, and shall immediately notify the commander-in-chief of his order, in the most expeditious manner, and also by letter through the usual military channels.
Chapter 33: Section 45. Disobedience of orders; penalty Section 45. If an officer neglects or refuses to obey such order of the commander-in-chief or such precept, or if any officer or enlisted person fails to obey an order issued in pursuance thereof, he shall be punished as a court-martial may direct.
Chapter 33: Section 46. Equipment of called troops Section 46. The troops shall appear at the time and place appointed by the order or precept issued under section forty-one or forty-two, armed and equipped, and shall obey and execute such orders as they have received, or such additional orders as they may then and there or thereafter receive from the commander-in-chief, or from an officer or person acting under section forty-two.
Chapter 33: Section 47. Failure to appear for duty; excuses; penalty for being absent without leave Section 47. No officer or enlisted person of the armed forces of the commonwealth, not on leave of absence, shall be excused from duty when ordered out under section thirty-eight, forty, forty-one or forty-two, except upon a physician’s certificate of disability. If an officer or enlisted person is absent without leave and does not produce such certificate to his commanding officer, he may be tried by court-martial for desertion or absence without leave. Sickness shall not be an excuse unless he procures a certificate or satisfies the court-martial that he was unable to procure the same.
Chapter 33: Section 48. Expenses of militia; source of funds Section 48. The governor may expend for carrying out the provisions of sections thirty-eight, forty, forty-one, forty-two, fifty-four, sixty and sixty-one, such sums as may be appropriated therefor.
Chapter 33: Section 49. Payment Section 49. Upon the termination of any service of the armed forces of the commonwealth under a precept in accordance with section forty-two, or under an order of the commander-in-chief at the request of such sheriff, mayor, city manager or selectmen under section forty-one, the adjutant general shall certify to the state treasurer the expense of said service, and the state treasurer shall thereupon assess said expense in the manner provided for by section twenty of chapter fifty-nine.
Chapter 33: Section 4A. National Lancers; organization Section 4A. The National Lancers shall be organized as the commander-in-chief directs, and may retain its name and the right to wear such distinctive uniform as may be approved by the commander-in-chief, and its ancient privileges, including its method of selecting its officers and conducting its internal affairs, so long as the same are not repugnant to the laws of the commonwealth or of the United States. Said organization may use land and stable facilities belonging to the commonwealth for its activities, equipment and exercises without charge and may receive from the commonwealth, its departments, divisions or bureaus or the federal government, without charge, any surplus equipment, goods, or other materials, as are available, provided that all such equipment, goods and materials remain the property of the commonwealth and are accounted for as such.
Chapter 33: Section 5. Powers of commander-in-chief; regulations Section 5. The commander-in-chief may make and publish regulations for the government of the organized militia in accordance with law.
Chapter 33: Section 50. Use of streets and highways; right of way; exceptions Section 50. The armed forces of the United States and any part of the armed forces of the commonwealth parading or performing any duty according to law shall have the right of way in any street or highway through which they may pass, and drivers of vehicles in a military convoy, consisting of five or more vehicles, may drive such vehicles through an intersection of ways contrary to any traffic signs or signals regulating traffic at such intersection, if a police officer or duly authorized member of the military service is then stationed at such intersection to regulate traffic; provided, that the carriage of the United States mails, the legitimate functions of the police, and the progress and operation of fire departments shall not be interfered with thereby.
Chapter 33: Section 51. Occupation of land and buildings; exceptions; liability for damages Section 51. When on duty under orders of the commander-in-chief, the armed forces of the commonwealth may enter upon and occupy any public or private lands within the commonwealth for the necessary purposes of such duty, and no officer or enlisted person shall thereby become liable, either civilly or criminally, for trespass; but except in times of invasion, insurrection, riot, natural disaster, public catastrophe or danger, no organization of the armed forces nor individual members thereof shall be permitted to enter houses or other buildings or their immediate enclosures, without the consent of the owner or tenant in possession, nor to go upon the gardens, lawns, tobacco fields, cranberry bogs, vineyards, nurseries, planted fields, orchards or cemeteries unless extreme necessity for such entry exists, and then only in obedience to the specific orders of the senior officer present.
Chapter 33: Section 52. Damages to lands; compensation Section 52. In the case of land entered upon under section fifty-one for an encampment or other substantial occupancy, the owner thereof shall receive damages in the nature of compensation for the use of the land and for any injury to the same resulting from such occupancy; and in the case of land so entered upon or passed over in the course of maneuvers, field exercises, or any similar transient purposes, the owner shall receive damages for any injury to the same resulting from such entry, but shall not be entitled to compensation for the use of the land. The amount of damages to be paid by the commonwealth under this section shall be as agreed upon by the owner of the land with an officer or board of officers appointed by the commander-in-chief to adjust the claim; provided, that if the parties are unable to agree, the damages shall be assessed under chapter seventy-nine.
Chapter 33: Section 53. Damages to lands; liability of personnel; conditions Section 53. No officer or enlisted person shall be liable, either civilly or criminally, for any damage to property or injury to any person, including death resulting therefrom, caused by him or by his order, while performing any military duty lawfully ordered under any provision of this chapter, unless the act or order causing such damage or injury was manifestly beyond the scope of the authority of such officer or enlisted person and except as otherwise provided by chapter two hundred and fifty-eight.
Chapter 33: Section 54. Additional forces; source Section 54. When the entire armed forces of the commonwealth have been ordered out under section forty, forty-one or forty-two, and a further force is required, it shall be taken from the unorganized militia, as provided in section fifty-five.
Chapter 33: Section 55. Unorganized militia; method of impressing into service Section 55. When necessary to call out any part of the unorganized militia for duty, the commander-in-chief shall issue a proclamation directed to the mayors or city managers and selectmen, who shall forthwith, by written order or oral notice to each individual, or by proclamation on their part, appoint a time and place for the assembling of the unorganized militia in their respective cities and towns, and shall then and there draft as many thereof, or accept as many volunteers, as are required by the order of the commander-in-chief, and shall forthwith forward to him a list of the persons so drafted or accepted as volunteers.
Chapter 33: Section 56. Term of enlistment; training; penalty for desertion Section 56. The part of the unorganized militia so drafted or accepted shall immediately be mustered under the orders of the commander-in-chief into the service of the commonwealth for three years, or for such less period as he may direct, and shall be organized into new units, or assigned to organizations of the organized militia then existing. Such new organizations shall be officered, equipped, trained and governed according to the laws for the government of the organized militia. The commander-in-chief may detail officers to train and command such new organizations until their officers shall have qualified. Every member of the unorganized militia who volunteers or is drafted, who does not appear to be mustered in as required by the orders of the commander-in-chief, and does not produce a sworn certificate from a physician in good standing of physical disability so to appear, shall be prima facie a deserter and upon conviction thereof shall be punished as a court-martial may direct.
Chapter 33: Section 57. Military duty on election day; exceptions; penalty Section 57. Except while on duty under section forty, forty-one, forty-two or sixty, or in obedience to the commander-in-chief, no officer or enlisted person shall be required to perform military duty during the time when polls are open for an election in the city or town where he resides; and an officer parading his unit, or ordering it to duty, contrary to this section, shall be liable to trial and punishment as a court-martial may direct.
Chapter 33: Section 58. Repealed, 1977, 415, Sec. 7 Chapter 33: Section 59. Effect of military service on salary or vacation allowance of public employees Section 59. Any person in the service of the commonwealth, or of a county, city or town which, by vote of its county commissioners or city council or of its inhabitants at a town meeting, accepts this section, or has accepted similar provisions of earlier laws, shall be entitled, during the time of his service in the armed forces of the commonwealth, under section thirty-eight, forty, forty-one, forty-two or sixty, or during his annual tour of duty of not exceeding 34 days in any state fiscal year and not exceeding 17 days in any federal fiscal year as a member of a reserve component of the armed forces of the United States, to receive pay therefor, without loss of his ordinary remuneration as an employee or official of the commonwealth, or of such county, city or town, and shall also be entitled to the same leaves of absence or vacation with pay given to other like employees or officials.
Chapter 33: Section 59A. Military service of public employees; work release for drills Section 59A. Any person in the service of the commonwealth, or of a county, city or town which has accepted the provisions of section fifty-nine, shall be entitled, during the time of his service in the armed forces of the commonwealth or during his tour of duty as a member of a reserve component of the armed forces of the United States, to be released from his work, without compensation, in order to attend assigned weekly and weekend drills which require absence from his normally scheduled work tour. Such release from work shall not affect his leaves of absence or vacation with pay, and he shall receive the same leaves of absence or vacation with pay given to other like employees or officials.
Chapter 33: Section 6. Powers of commander-in-chief; increase in forces Section 6. The commander-in-chief may raise volunteer units when they are needed to maintain the military forces of the commonwealth at the strength and of the composition required or permitted by law.
Chapter 33: Section 60. Annual training period Section 60. The armed forces of the commonwealth shall perform during each year not less than fifteen days’ training under service conditions at times and places designated by the commander-in-chief.
Chapter 33: Section 61. Unit training periods; meetings of instruction for noncommissioned officers; frequency; arrests for absence without leave Section 61. (a) In addition to the duty required by section thirty-eight, forty, forty-one, forty-two or sixty, every unit of the armed forces of the commonwealth shall assemble for training at least forty-eight times in each year, and oftener if so directed by the unit or organization commander. Organization drills and parades may be held in place of unit drills, and transportation to and from the place of such drills and parades shall be furnished for the units composing the organization, if authorized by the commander-in-chief.
(b) Organization and unit commanders may call meetings of instruction for the noncommissioned officers of their commands as they deem necessary.
(c) Any police officer authorized to make arrests within the commonwealth may apprehend without a warrant any member of the armed forces of the commonwealth absent without leave from any assembly for training under paragraph (a), meeting for instruction under paragraph (b) or training under service conditions under section sixty and keep him in custody, but for not more than twenty-four hours, until taken into custody by the armed forces of the commonwealth; provided, however, that such apprehension and such keeping in custody shall have been requested in writing by the commanding officer of any unit of said armed forces.
Chapter 33: Section 62. Meetings of instruction for officers; frequency Section 62. Organization commanders may hold meetings of instruction for the officers of their commands four times each year. Mileage may be paid when approved in advance by the adjutant general.
Chapter 33: Section 63. Visits by organization commanders; frequency Section 63. Organization commanders or their representatives shall visit the units of their commands not less than four times each year.
Chapter 33: Section 64. Exclusion of traffic from highways during target practice Section 64. The governor, with the advice and consent of the council, and under such regulations as he may prescribe, may exclude traffic from highways during target practice or maneuvers of any organization or unit of the armed forces of the United States or of any state thereof, whenever he deems that public convenience or safety so requires.
Chapter 33: Section 65. Boundaries of encampments; establishment; limitations; penalty for trespass Section 65. Every commanding officer, when on duty, may fix necessary bounds and limits to his parade or encampment, but not including a public road within such bounds in such manner as to prevent traveling thereon, within which bounds and limits no person shall enter without his leave. Whoever intrudes within the limits of the parade or encampment, after being forbidden, may be ejected, forcibly if necessary, or may be confined under guard during the time of parade or encampment, or during a shorter time, at the discretion of the commanding officer; and whoever resists a sentry may be arrested by order of the commanding officer and dealt with as provided in section sixty-six.
Chapter 33: Section 66. Obstructing or interfering with armed forces; penalty Section 66. Whoever interrupts, molests or insults, by abusive words or behavior, or obstructs, any officer or enlisted person while on duty or at any parade, drill or assembly for military purposes, may immediately be put under guard and kept at the discretion of the commanding officer until the duty, drill, parade or assembly is concluded; and may be delivered into the custody of any police officer of the city or town where such duty, parade, drill or assembly is held, who shall detain him in custody for examination or trial before a court having jurisdiction of the place; and any person found guilty of any of the offences enumerated in this section, or in section sixty-five or one hundred and twenty-three, or of obstructing or interfering with the armed forces of the United States or any part of the armed forces of the commonwealth in the exercise or enjoyment of the right of way granted by section fifty, shall be punished by a fine or not more than one hundred dollars or by imprisonment for not more than six months.
Chapter 33: Section 67. Decorations and awards; qualifications Section 67. (a) To each member who completes nine years of honorable service in the armed forces of the commonwealth, there shall be awarded a medal, and for each additional five years of like service a clasp to be affixed to the ribbon pendant thereof. Members of the armed forces of the commonwealth, active, retired or honorably discharged, who have served in the armed forces of the United States in time of war and have been honorably discharged therefrom, shall receive a clasp indicative of such service, to be affixed to the ribbon pendant of the medal herein provided.
(b) The adjutant general and two field grade officers of the armed forces of the commonwealth, detailed by the commander-in-chief, shall act as a medal of valor commission, and may receive recommendations, through military channels, for the award of the medal of valor to a member of the armed forces of the commonwealth, who, by reason of conspicuous gallantry at the risk of his life, above and beyond the call of duty, while on military service, is recommended for the award of said medal of valor.
(c) The adjutant general and two field grade officers of the armed forces of the commonwealth, detailed by the commander-in-chief, shall constitute a commission to receive recommendations, through military channels, for the award of the Massachusetts military medal to a member of the armed forces of the commonwealth who, while on military service, performed a singularly meritorious act of heroism which distinguished him above his comrades.
(d) The adjutant general and two field grade officers of the armed forces of the commonwealth, detailed by the commander-in-chief, shall act as a Massachusetts medal of merit commission, and may receive recommendations, through military channels, for the award of the medal of merit to a member of the armed forces of the commonwealth, the United States or any other state or territory of the United States who has distinguished himself by exceptionally meritorious conduct in performing outstanding services while a member of the armed forces of the commonwealth, the United States or any other state or territory of the United States.
(e) Commissions constituted under subsections (b), (c) and (d) of this section shall, after careful investigation, report their findings and recommendations to the commander-in-chief, who, if the award appears justified, shall confer upon the member the medal recommended.
Not more than one medal of valor, Massachusetts military medal or medal of merit, shall be awarded to any person, but a suitable clasp shall be awarded, under the same conditions.
The design of the medals hereinbefore referred to shall be approved by the art commission for the commonwealth.
The Massachusetts medal of merit shall not be awarded posthumously.
Chapter 33: Section 68. Prizes for competitions Section 68. Money or other suitable prizes may be awarded for shooting, athletic or other competitions in the armed forces of the commonwealth, under such regulations as the commander-in-chief shall determine, which prizes shall be paid or furnished by the commonwealth.
Chapter 33: Section 69. Military courts; organization; powers; procedure Section 69. The military courts of the armed forces of the commonwealth shall be courts of inquiry, general courts-martial, special courts-martial and summary courts-martial. They shall be constituted like, and have cognizance of the same subjects, and possess like powers, except as to punishment, as similar courts provided for by the laws and regulations governing the armed forces of the United States, and proceedings of courts-martial shall follow the forms and modes of procedure prescribed for said similar courts, except as expressly modified by this chapter.
Chapter 33: Section 7. Powers of commander-in-chief; name and location of units; rank of personnel Section 7. The commander-in-chief may from time to time prescribe in orders the organization of the military forces of the commonwealth, the designation and location of all units, and the numbers, titles, grades and duties of all officers and enlisted persons as he deems the interest of the service demands: provided, that the organization shall not conflict with the laws of the United States relating to the armed forces.
Chapter 33: Section 70. Courts of inquiry; membership; duties Section 70. Courts of inquiry, to consist of from one to three officers of at least equal grade with the officer, or with the senior officer if there be more than one, in regard to whom the court is convened, may be convened by the commander-in-chief or by such commanding officers authorized thereto by the commander-in-chief in orders to examine into the nature of any transaction of or accusation or imputation against any officer.
Chapter 33: Section 71. General courts martial; powers Section 71. General courts-martial of the armed forces of the commonwealth may be convened by the commander-in-chief, and may impose one or more of the following punishments or sentences for each offense:— (1) fine, not exceeding two hundred dollars; (2) forfeiture of pay and allowances; (3) reprimand; (4) dismissal or dishonorable discharge from the service; (5) reduction of noncommissioned officers.
Chapter 33: Section 72. Special courts martial; limitations; powers Section 72. The commanding officer of a division, brigade, air wing or other separate commands may convene special courts-martial for his command, but such special courts-martial may in any case be convened by superior authority when by the latter deemed desirable. Special courts-martial shall have power to try any person subject to military law, except a commissioned officer, for any crime or offense made punishable by the Uniform Code of Military Justice, or by the provisions of this chapter. Special courts-martial shall have the same powers of punishment as do general courts-martial, except that fines imposed by them shall not exceed one hundred dollars.
Chapter 33: Section 73. Summary courts martial; powers; limitations Section 73. Commanding officers authorized to convene special courts-martial, and commanding officers of regiments, battalions, companies, and equivalent air units, may convene for their commands summary courts-martial to consist of one commissioned officer. Summary courts-martial shall have power to try enlisted personnel for any non-capital offense made punishable by the Uniform Code of Military Justice or by the provisions of this chapter. Personnel above the grade of corporal or similar grade in air units shall not be tried by summary courts-martial if they object thereto before arraignment. Summary courts-martial shall have power to impose a fine not exceeding twenty-five dollars for any single offense and may reduce noncommissioned officers. The proceedings of such court shall be informal and the record thereof shall be substantially the same as that prescribed for the armed forces of the United States.
Chapter 33: Section 74. Minor offenses; penalties; appeals Section 74. (a) Under such regulations as the commander-in-chief may prescribe, any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one of the following disciplinary punishments for minor offenses without the intervention of a court-martial:(1) Upon any member of his command, the withholding of privileges for a period not to exceed two consecutive weeks, or restriction to certain specified limits for a similar period.
(2) Upon enlisted personnel of his command, extra duties for a period not to exceed two consecutive weeks, and not to exceed two hours per day, or reduction to the next inferior grade.
(3) An officer commanding a group, regiment, brigade, wing or division may impose upon any member of his command a fine not exceeding one hundred dollars for any single offense which relates to a violation of a flying regulation.
(b) A person punished under authority of this section who deems his punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The officer who imposes the punishment, his successor in command, and superior authority shall have power to suspend, set aside or remit any part or amount of the punishment and to restore all rights, privileges, and property affected.
(c) The imposition and enforcement of disciplinary punishment under authority of this section for any act or omission shall not be a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this section; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
Chapter 33: Section 75. Confinement in lieu of fines; limitations Section 75. Courts-martial may sentence to confinement in lieu of the fines authorized by this chapter, but not exceeding one day of confinement for each dollar of fine authorized.
Chapter 33: Section 76. Dismissal or dishonorable discharge; approval of sentence Section 76. Sentence of dismissal from the service or dishonorable discharge imposed by a court-martial shall be executed only when approved by the commander-in-chief.
Chapter 33: Section 77. Arrest of accused; warrants; attendance of witnesses; issuance of subpoenas Section 77. The senior member of a court-martial and summary court officers may issue warrants to arrest accused persons and to bring an accused person before the court for trial whenever he shall have disobeyed a written order from the convening authority, delivered to him with a copy of the charge or charges, and directing him to appear before the court. Said officials may issue subpoenas, and may enforce the attendance of witnesses and the production of books and documents, and may sentence for a refusal to be sworn or to answer, as in actions before civil courts.
Chapter 33: Section 78. Execution of processes and sentences; duties of jailor; payment of costs; disposition of fines Section 78. (a) All processes and sentences of courts-martial shall be executed by an officer qualified to serve criminal process, and commitment under said sentences may be made to any jail or house of correction in the commonwealth. The master, or keeper, of the jail or house of correction to which a person is sentenced shall receive and detain him in the same manner as if he had been sentenced by a civil court sitting in the county where such jail or house of correction is situated. The necessary charges shall be paid by the commonwealth on vouchers in duplicate submitted to and approved by the adjutant general.
(b) All fines assessed by a court-martial and collected or withheld shall be paid to the commonwealth through the adjutant general subject to such regulations as he may describe.
Chapter 33: Section 79. Actions against members of military courts Section 79. No action or proceeding may be maintained against a member of a military court or officer or person acting under its authority or reviewing its proceedings on account of the imposition, approval or execution of any punishment adjudged thereby.
Chapter 33: Section 8. Powers of commander-in-chief; provisional officers Section 8. The commander-in-chief may, to recruit the organized militia, appoint provisional officers for such units as he may from time to time create by orders in accordance with this chapter. Such provisional officers, subject to removal by the commander-in-chief and until their successors are qualified as provided by the constitution and laws of the commonwealth, shall exercise the same military authority over their several commands as is specified in the said laws for duly qualified officers of the organized militia.
Chapter 33: Section 80. Jurisdiction; presumption Section 80. The jurisdiction of courts convened under the provisions of this chapter shall be presumed and the burden of proof shall rest on any person seeking to oust or contest the jurisdiction of such courts in any action or proceeding.
Chapter 33: Section 81. Oaths; administration Section 81. All commissioned officers and warrant officers of the armed forces of the commonwealth and of the United States shall have power to administer oaths for the purpose of the administration of military justice and for other purposes of military administration.
Chapter 33: Section 82. Fees of civilian witnesses Section 82. The fee of a witness not a member of the military forces of the commonwealth appearing before a military court upon summons thereof, shall be the same as a witness in a civil case before the courts of the commonwealth and shall be paid by the commonwealth upon certification of the state judge advocate filed with the comptroller.
Officers and Enlisted Personnel Chapter 33: Section 83. Pay and allowances for certain duties Section 83. (a) For duty performed under the provisions of sections sixty and sixty-one, there shall be allowed and paid from funds appropriated therefor to members of the armed forces of the commonwealth the same rate of pay of like grade as would be received by them if they were on active duty status in the armed forces of the United States with less than two years’ service, and such subsistence, travel or other allowances as the adjutant general may authorize.
(b) For duty performed under the provisions of sections thirty-eight, forty, forty-one and forty-two, there shall be allowed and paid to members of the armed forces of the commonwealth from funds appropriated therefor the same rate of pay for length of service and basic allowances as if they were on active duty status in the armed forces of the United States, however, such compensation shall not be less than 75 dollars per day, subject, however, to the provisions of subsection (c).
(c) For duty performed under the provisions of sections thirty-eight, forty, forty-one, forty-two and sixty, the pay and allowances authorized by this section shall be reduced by any amounts received from the United States government as pay or allowances for military service performed during the same pay period.
Officers and Enlisted Personnel Chapter 33: Section 84. Travel expenses Section 84. To each officer and enlisted person of the armed forces of the commonwealth required and authorized to travel under any section of this chapter, there shall be allowed and paid from funds appropriated therefor and under such regulations as the adjutant general may prescribe, the following:—(1) For travel by privately owned motor vehicle, the current mileage rate authorized by law and any regulations pursuant thereto.
(2) For travel by rail or commercial airline, actual transportation expense.
Officers and Enlisted Personnel Chapter 33: Section 85. Subsistence Section 85. Subsistence for members of the armed forces of the commonwealth ordered to duty under the provisions of sections thirty-eight, forty, forty-one, forty-two and sixty, shall be furnished in kind unless otherwise directed by the adjutant general.
Officers and Enlisted Personnel Chapter 33: Section 86. Method of making payments Section 86. Officers authorized to make payments in cash shall secure proper vouchers for all payments so made and shall submit to the adjutant general as he may direct an accounting of such payments made with supporting vouchers.
Officers and Enlisted Personnel Chapter 33: Section 87. Uniform allowances Section 87. Upon approval of the adjutant general, there shall be allowed and paid from funds appropriated therefor, as of April first of each year, to each officer of the military forces of the commonwealth for the purpose of maintenance of his personal uniforms and equipment, a sum computed at the rate of not less than fifty dollars for the full year by the certification of his organization commander in such form as may be prescribed by the adjutant general that the designated officer of his command has served as such for the whole or a specified part of said preceding year and that during such service he has provided himself with the uniforms and equipment required by regulations.
Chapter 33: Section 88. Death or disability compensation Section 88. An officer or enlisted person of the armed forces of the commonwealth, while performing any military duty lawfully ordered under any provision of this chapter, or a person not a member of the armed forces of the commonwealth, but who is the owner, or is employed by the owner of a motor vehicle lawfully loaned to or hired by the commonwealth under section eighty-nine and whose services are loaned or given to the commonwealth for any purpose set forth in said section, or a person rendering assistance to any of the armed forces of the commonwealth in connection with the use of a motor vehicle under any provision of section eighty-nine by request or order of any responsible officer of said armed forces and who by reason of such voluntary action, employment or assistance and without fault or neglect on his part, receives any injury, is disabled, or contracts any sickness or disease, incapacitating him from pursuing his usual business or occupation, shall, during the period of such incapacity, receive compensation to be fixed by a board appointed under the provisions of section ninety to inquire into his claim, and actual necessary expenses for medical services and care, medicines and hospitalization, replacement or repair of eyeglasses, dentures or prosthetic devices worn or carried. In case of death resulting from such injury, sickness or disease, except in the case of any such death for which compensation is payable under the provisions of the second paragraph of this section, compensation shall be paid to the decedent’s dependents, as determined in accordance with clause (3) of section one and section thirty-two of chapter one hundred and fifty-two, in the amounts provided by and otherwise subject to section thirty-one of said chapter; provided, that dependents other than widows and children shall receive compensation to be fixed by said board, which shall exercise all the powers given by said provisions of chapter one hundred and fifty-two to the division of industrial accidents.
In case of death, resulting from injury, sickness or disease, of an officer or enlisted person of the armed forces of the commonwealth while performing any military duty for which he or his dependents are entitled to benefits or compensation from the United States, and notwithstanding any rights to or receipt of such benefits or compensation, or both, compensation in the amount of five thousand dollars, payable in a single payment or in two hundred equal weekly payments of twenty-five dollars, at the option of the dependents, shall be paid to the decedent’s dependents, as determined in accordance with clause (3) of section one and section thirty-two of chapter one hundred and fifty-two; provided, however, that no such compensation shall be so paid unless the board finds that the injury, sickness or disease resulting in such death was without fault or neglect on the part of the decedent; and provided further, that the option of a single payment shall only be available to dependents of the decedent who have attained age eighteen on the date of the decedent’s death.
For the purpose of this section a parent shall be conclusively presumed to be wholly dependent for support upon a child under eighteen years of age.
Chapter 33: Section 88A. Repealed, 1990, 150, Sec. 261 Chapter 33: Section 89. Use of private automobiles; conditions Section 89. Under an order issued by the commander-in-chief, the adjutant general, in the name and on behalf of the commonwealth, may, for military use, accept the gift or loan of a motor vehicle, or the grant of the temporary right to the use and control of a motor vehicle, or hire or purchase a motor vehicle in the event—(1) An enemy at war with the United States shall commence or threaten operations to endanger the peace or safety of the commonwealth; or(2) Of tumult, riot, mob, natural disaster, or public catastrophe within the purview of section forty-one or forty-two; or(3) Any unit of the armed forces of the commonwealth shall be directed or authorized by order of the commander-in-chief to participate or engage in any military training, exercise or duty in which the use of motor vehicles in excess of the number issued to such unit may be required.
Chapter 33: Section 9. Powers of commander-in-chief; disposition of inefficient units Section 9. The commander-in-chief may, subject to the laws of the United States, disband any unit of the organized militia falling below the prescribed strength or standard of efficiency.
Chapter 33: Section 90. Board of compensation; powers and duties; payment of claims Section 90. Claims against the commonwealth for compensation under the provisions of section eighty-eight shall be referred to a board of three officers, including the state surgeon and the state judge advocate, appointed by the commander-in-chief. The board in consideration of the claim shall except as otherwise provided in section eighty-eight take into account any compensation received by the claimant or his dependents from the United States. The board shall have the same power to take evidence, administer oaths, issue subpoenas and compel witnesses to attend and testify and produce books and papers, and to punish their failure to do so as is possessed by a general court-martial. The findings of the board shall be subject to the approval of the commander-in-chief. The amounts so found due and so approved shall be a charge against the commonwealth and shall be paid in the same manner as other military accounts.
Chapter 33: Section 91, 92. Repealed, 1978, 512, Sec. 6 Chapter 33: Section 93. Subrogation Section 93. Where the damage or injury for which compensation is claimed under section ninety was caused under circumstances creating a legal liability in some person other than the commonwealth to pay damages in respect thereof, the commonwealth may enforce, in the name of the claimant or in its own name and for its own benefit, the liability of such other person. The sum recovered shall be for the benefit of the commonwealth unless such sum is greater than that paid by it to the claimant, in which case four fifths of the excess shall be paid to the claimant.
Chapter 33: Section 94. Persons temporarily employed by armed forces; status; right to compensation Section 94. No person performing any services under section eighty-eight shall, by reason of such services, be deemed to be an employee of the commonwealth or, if not already an officer or enlisted person of the armed forces of the commonwealth, to be such an officer or enlisted person, or to be entitled to receive any pension or retirement allowance from the commonwealth, or to have acquired any right, or to be entitled to receive any other benefit or compensation. Any person claiming the right to receive compensation from the commonwealth under any provision of section eighty-eight shall, within a reasonable time after receiving an injury, or contracting any sickness or disease, while performing services referred to therein, give to the adjutant general notice of his name and place of residence, and the time, place and cause of such injury, sickness or disease. Such notice shall be in writing, signed by the person claiming compensation or by someone in his behalf.
Chapter 33: Section 95. Repealed, 1978, 512, Sec. 6B Chapter 33: Section 96. Authorization; administration; bond of custodian; distribution on disbandment of unit Section 96. Organization and unit funds shall be maintained and conducted as the commander-in-chief may prescribe in regulations. The administration of such a fund by the officer designated in regulations to have the custody thereof shall be one of the duties pertaining to his office and for the proper performance of which he shall furnish bond to the commonwealth. Suit on the bond of such officer to recover for any misappropriation of the fund shall be brought in the name of the commonwealth for the benefit of the organization or unit affected. Upon the disbandment of any organization or unit maintaining a fund as above provided, the adjutant general shall at once become custodian or treasurer thereof and shall distribute said funds to such organizations or units as he may determine to be equitably entitled thereto, or, if no organization or unit is so entitled, shall draw a check for the total amount on deposit in favor of the state treasurer, who shall hold such funds or shall expend them as the general court may prescribe; except in the case of organizations or units ordered into the active service of the United States, the adjutant general may act as custodian of such funds during the period of active federal service.
Chapter 33: Section 97. Allowances for administrative purposes Section 97. There shall annually be allowed and paid quarterly from money appropriated for the purpose in substantially equal installments under such regulations as may be promulgated by the commander-in-chief, to the organizations and units of the armed forces of the commonwealth, when not in federal service:(a) For administration and maintenance including telephone, postage, printing, office and other necessary supplies not available through issue, for athletic or recreational equipment for the common use of enlisted personnel, for clerical assistance, for the repair and alteration of uniforms, and such other military purposes as may be approved by the commander-in-chief, the following sums:(1) ARMYHeadquarters, Army National Guard.
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. $2,400 Division headquarters.
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. 3,900 Division artillery headquarters.
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. 1,500 Artillery brigade headquarters.
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. 1,500 Artillery group headquarters.
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. 810 Infantry group and infantry division trains headquarters.
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. 600 Plus $120 per company Battalion or squadron headquarters.
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. 330 Plus $120 per company, battery, troop or detachment, except detachments when attached for administration and supplyCompany, battery, troop, band and detachment, except detachments when attached for administration and supply.
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330 Plus $6.
00 per man actually enlisted, up to authorized strengthMassachusetts Military Academy.
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480 (2) AIR Headquarters Air National Guard.
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. $480 Wing headquarters.
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. 1,500 Group headquarters.
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. 600 Plus $120 per squadron, flight, and medical unit, except those attached for administration and supplySquadron, flight, medical unit and band, except those attached for administration and supply.
.
.
.
. 330 Plus $6.
00 per man actually enlisted, up to authorized strength(b) Where no federal caretaker is provided, for the services of a caretaker, who, under such regulations as may be promulgated by the commander-in-chief, shall devote the necessary attention to the care of quarters assigned to his headquarters or unit, and to the care of arms, equipment and supplies of such headquarters or unit, the sum of one hundred and twenty-five dollars annually.
Chapter 33: Section 98. Uniforms; method of acquisition Section 98. The uniform of the military forces of the commonwealth shall be prescribed by the commander-in-chief. No uniforms, except required yearly supplies, shall be provided by the commonwealth without a special appropriation therefor, and they shall be purchased under such inspection as the commander-in-chief may direct.
Chapter 33: Section 99. Unauthorized use of uniform; penalties Section 99. Whoever, not being in the service of the armed forces of the United States or of the commonwealth, appears in public wearing the distinctive uniform of any branch of such service shall be punished by a fine of not more than three hundred dollars or by imprisonment for not more than six months, or both, but this section shall not apply to any person discharged from such service, for any cause other than his own unworthiness, wearing his uniform in order to take part in any military or naval parade or on any occasion of ceremony, or to any person in the service of the armed forces of the United States, discharged for any cause other than his own unworthiness, wearing the uniform from place of discharge to his home. Any person found violating any provision of this section may be arrested without a warrant by any officer qualified to serve criminal process; provided, that nothing in this section shall subject to penalty any action with respect to the wearing of uniforms of the armed forces of the United States which is authorized by federal law.
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