reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 49 - Military › Chapter 1 - Active Military Duty › § 49–104. Excuse for physical disability; penalty for absence

§ 49–104. Excuse for physical disability; penalty for absence.
No officer or soldier of the National Guard, when ordered on duty to aid the civil authorities, or when ordered into the service of the United States in obedience to the call or order of the President, shall be excused from such duty except upon the certificate of the surgeon of his command of physical disability, such certificate to be presented to the Commanding General in case of an officer, or to his company commander in case of a soldier. If such officer or soldier fail to furnish such excuse he shall be tried and punished by a court-martial. For absence from any other military duty required or ordered under the provisions of this chapter the penalty shall be such as may be prescribed by the Commanding General, or the bylaws of the organization to which the officer or soldier belongs.
(Mar. 1, 1889, 25 Stat. 778, ch. 328, § 46; renumbered Feb. 18, 1909, 35 Stat. 634, ch. 146, § 49.)
Prior Codifications
1981 Ed., § 39-604.
1973 Ed., § 39-604.
2023 District of Columbia Code › Title 49 - Military › Chapter 1 - Active Military Duty › § 49–105. Parades to have right-of-way

§ 49–105. Parades to have right-of-way.
The United States forces or troops, or any portion of the militia, parading, or performing any duty according to law, shall have the right-of-way in any street or highway through which they may pass; provided, that the carriage of the United States mails, the legitimate functions of the police, and the progress and operations of fire engines and fire departments shall not be interfered with thereby.
(Mar. 1, 1889, 25 Stat. 779, ch. 328, § 47; renumbered Feb. 18, 1909, 35 Stat. 634, ch. 146, § 50.)
Prior Codifications
1981 Ed., § 39-605.
1973 Ed., § 39-605.
2023 District of Columbia Code › Title 49 - Military › Chapter 1 - Active Military Duty › § 49–106. Rules for parades and encampments

§ 49–106. Rules for parades and encampments.
Every commanding officer, when on duty, may ascertain and fix necessary bounds and limits to his parade or encampment. Whoever intrudes within the limits of the parade or encampment after being forbidden, or whoever shall interrupt, molest, or obstruct any officer or soldier while on duty, may be put and kept under guard until the parade, encampment, or duty be concluded; and the commanding officer may turn over such person to any police officer, and said police officer is required to detain him in custody for examination or trial before the Superior Court of the District of Columbia, and the judge thereof may punish such offense by a fine not exceeding $25.
(Mar. 1, 1889, 25 Stat. 779, ch. 328, § 48; renumbered Feb. 18, 1909, 35 Stat. 634, ch. 146, § 51; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a).)
Prior Codifications
1981 Ed., § 39-606.
1973 Ed., § 39-606.
2023 District of Columbia Code › Title 49 - Military › Chapter 1 - Active Military Duty › § 49–107. Camp duty

§ 49–107. Camp duty.
The National Guard shall perform not less than 6 consecutive days of camp duty in each year, at such time as may be ordered by the Commanding General, and the Quartermaster General of the militia, subject to the approval of the Commanding General, shall provide, by rental or otherwise, a suitable camp-ground for the annual encampment of the militia, make the necessary provisions thereon for the encampment, and provide necessary transportation to and from the same for baggage and supplies.
(Mar. 1, 1889, 25 Stat. 778, ch. 328, § 43; renumbered Feb. 18, 1909, 35 Stat. 634, ch. 146, § 46.)
Prior Codifications
1981 Ed., § 39-607.
1973 Ed., § 39-607.
2023 District of Columbia Code › Title 49 - Military › Chapter 2 - Armament, Equipment, and Supplies › § 49–201. Issuance by Department of Army

§ 49–201. Issuance by Department of Army.
The uniforms, arms, and equipments of the National Guard shall as far as practicable be the same as prescribed and furnished to the regular Army. Every organization of the National Guard shall be provided with such ordnance and ordnance stores, clothing, camp and garrison equipage, quartermaster’s stores, medical supplies, and other military stores, as may be necessary for the proper training and instruction of the force and for the proper performance of the duties required under this chapter. Such property shall be issued from the stores and supplies appropriated for the use of the Army, upon the approval and by the direction of the Secretary of the Army, to the Commanding General, upon his requisitions for the same. The property so issued shall remain and continue to be the property of the United States, and shall be accounted for by the Commanding General at such times, in manner, and on such forms as the Secretary of the Army may require.
(Mar. 1, 1889, 25 Stat. 776, ch. 328, § 31; Feb. 18, 1909, 35 Stat. 632, ch. 146, § 29.)
Prior Codifications
1981 Ed., § 39-201.
1973 Ed., § 39-501.
2023 District of Columbia Code › Title 49 - Military › Chapter 2 - Armament, Equipment, and Supplies › § 49–202. Regulations for reissue of equipment by Commanding General

§ 49–202. Regulations for reissue of equipment by Commanding General.
The Commanding General may transfer all public property, received by him for the use of the National Guard under the provisions of this chapter, to the several departmental officers of the general staff, and may make and prescribe regulations for its issue by them, and for its care and preservation by the officers or soldiers to whom issued.
(Mar. 1, 1889, 25 Stat. 776, ch. 328, § 32; Feb. 18, 1909, 35 Stat. 632, ch. 146, § 30.)
Prior Codifications
1981 Ed., § 39-202.
1973 Ed., § 39-502.
2023 District of Columbia Code › Title 49 - Military › Chapter 2 - Armament, Equipment, and Supplies › § 49–203. Personal liability for equipment; determination of value of lost equipment

§ 49–203. Personal liability for equipment; determination of value of lost equipment.
Every officer and enlisted man to whom property of the United States has been issued shall be personally responsible to the United States for such property, and no one shall be relieved from such responsibility except it be shown to the satisfaction of the Commanding General that the loss or destruction of such property was unavoidable and in no way the fault of the person responsible for the same; and in all other cases the value of the property lost or destroyed shall be charged against the person at fault or to the organization to which it has been issued, and such person or organization, if not relieved from such charge by the Commanding General, shall pay the value of such property to the Quartermaster General within 1 year after such loss or destruction. The value of lost or destroyed property and the person or organization to be charged therewith shall be determined by a board to consist of an inspector of the staff of the Commanding General of the militia and the commanding officer of the organization in which such property is lost. In case of disagreement such value shall be fixed by the Commanding General of the militia.
(Mar. 1, 1889, 25 Stat. 776, ch. 328; as added Feb. 18, 1909, 35 Stat. 632, ch. 146, § 31.)
Prior Codifications
1981 Ed., § 39-203.
1973 Ed., § 39-503.
2023 District of Columbia Code › Title 49 - Military › Chapter 2 - Armament, Equipment, and Supplies › § 49–204. Returns of equipment

§ 49–204. Returns of equipment.
Every officer receiving public property for military use shall be accountable for the articles so received by him, and shall make returns of such property at such times, in such manner, and on such forms as may be prescribed. He shall be liable to trial by court-martial for neglect of duty, and also make good to the United States the value of all such property defaced, injured, destroyed or lost, by any neglect or default on his part, to be recovered in an action of tort, or by any other action at law, to be instituted by the Judge Advocate General of the militia at the order of the Commanding General. All money received on account of loss or damages shall be paid in the Treasury of the United States, and shall be accounted for by the Commanding General in his returns to the Secretary of the Army.
(Mar. 1, 1889, 25 Stat. 776, ch. 328, § 33; Feb. 18, 1909, 35 Stat. 633, ch. 146, § 32.)
Prior Codifications
1981 Ed., § 39-204.
1973 Ed., § 39-504.
2023 District of Columbia Code › Title 49 - Military › Chapter 2 - Armament, Equipment, and Supplies › § 49–205. Penalty for selling, pawning, injuring, or retaining public property

§ 49–205. Penalty for selling, pawning, injuring, or retaining public property.
Any officer or soldier who shall sell, dispose of, pawn or pledge, willfully destroy or injure, or retain after proper demand made, any public property issued under the provisions of this title, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment for not exceeding 2 months, or by a fine not exceeding $100, or by both; and it is hereby made the duty of the judge of the Superior Court of the District of Columbia, upon information filed or complaint, made under oath, to issue process for the arrest of the offender, and to cause him to be brought before the Superior Court of the District of Columbia to be dealt with according to the provisions of this section.
(Mar. 1, 1889, 25 Stat. 777, ch. 328, § 34; renumbered Feb. 18, 1909, 35 Stat. 633, ch. 146, § 33; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a).)
Prior Codifications
1981 Ed., § 39-205.
1973 Ed., § 39-505.
Section References
This section is referenced in § 49-211.
2023 District of Columbia Code › Title 49 - Military › Chapter 2 - Armament, Equipment, and Supplies › § 49–206. Transfer of property on promotion, retirement, or dismissal

§ 49–206. Transfer of property on promotion, retirement, or dismissal.
Upon the promotion, tender of resignation, retirement, or dismissal of any officer who is responsible or accountable for public property, the Commanding General of the militia shall designate an officer to accept and receipt for such property, and direct the officer responsible or accountable therefor to make prompt transfer of all property remaining on hand; and it shall be the duty of the officer responsible or accountable to proceed at once to complete such transfer and close his accounts without delay.
(Mar. 1, 1889, 25 Stat. 777, ch. 328; as added Feb. 18, 1909, 35 Stat. 633, ch. 146, § 34.)
Prior Codifications
1981 Ed., § 39-206.
1973 Ed., § 39-506.
2023 District of Columbia Code › Title 49 - Military › Chapter 2 - Armament, Equipment, and Supplies › § 49–207. Failure to transfer property; verification by surveying officer

§ 49–207. Failure to transfer property; verification by surveying officer.
Should any officer responsible or accountable for public property, after receiving instructions to transfer the same as aforesaid, fail to make proper transfer as directed within 30 days or any authorized extension of that period, the heads of the respective staff departments exercising supervision over or control of said property shall report the facts to the Adjutant General for the action of the Commanding General of the militia. Upon receiving such a report the Commanding General may in his discretion direct that a surveying officer be appointed, and it shall be the duty of such surveying officer to ascertain and verify all public property which the delinquent officer had on hand and certify the same to the officer designated to receive it, who will immediately take up all property so certified and receipt for the same to the head of the proper staff department. The surveying officer will then proceed to determine and fix the responsibility for the loss or destruction of any of the foregoing property which is not found or transferred as directed.
(Mar. 1, 1889, 25 Stat. 777, ch. 328; as added Feb. 18, 1909, 35 Stat. 633, ch. 146, § 35.)
Prior Codifications
1981 Ed., § 39-207.
1973 Ed., § 39-507.
2023 District of Columbia Code › Title 49 - Military › Chapter 2 - Armament, Equipment, and Supplies › § 49–208. Defective accounts; surveying officer to fix responsibility

§ 49–208. Defective accounts; surveying officer to fix responsibility.
Should any officer responsible or accountable for public property, after receiving instructions to transfer the same and close his accounts as aforesaid, fail to close his accounts to the satisfaction of the Commanding General, the heads of the respective staff departments exercising supervision over or control of said property will report the facts to the Adjutant General for the action of the Commanding General of the militia. Upon receiving such a report, the Commanding General may, in his discretion, direct that a surveying officer be appointed to determine and fix the responsibility for the loss or destruction of any public property for which said officer is responsible or accountable and which he has failed to transfer to the officer designated to receive the same.
(Mar. 1, 1889, 25 Stat. 777, ch. 328; as added Feb. 18, 1909, 35 Stat. 633, ch. 146, § 36.)
Prior Codifications
1981 Ed., § 39-208.
1973 Ed., § 39-508.
2023 District of Columbia Code › Title 49 - Military › Chapter 2 - Armament, Equipment, and Supplies › § 49–209. Surveying officer to be appointed upon death or desertion of accounting officer

§ 49–209. Surveying officer to be appointed upon death or desertion of accounting officer.
In the event of the death or desertion of any officer accountable for public property the Commanding General shall direct that a surveying officer be appointed, and also designate an officer to receive such property. Said surveying officer shall ascertain and verify all public property which the deceased or deserting officer had on hand at the time of his death or desertion and certify the same to the officer designated to receive it, who will immediately take up all property so certified and receipt for the same to the heads of the proper staff departments. The surveying officer will then proceed to determine and fix the responsibility for the loss or destruction of any of the foregoing property which is not found or transferred as directed.
(Mar. 1, 1889, 25 Stat. 777, ch. 328; as added Feb. 18, 1909, 35 Stat. 633, ch. 146, § 37.)
Prior Codifications
1981 Ed., § 39-209.
1973 Ed., § 39-509.
2023 District of Columbia Code › Title 49 - Military › Chapter 2 - Armament, Equipment, and Supplies › § 49–210. Liability of officer or his estate until accounts are found correct

§ 49–210. Liability of officer or his estate until accounts are found correct.
Until an officer or his legal representative shall have received notice that the property accounts of such officer have been examined and found correct the liability of such officer or of his estate for public property for which he is or may have been responsible or accountable shall be in no way affected by resignation, discharge, change in official position, desertion, or death.
(Mar. 1, 1889, 25 Stat. 777, ch. 328; as added Feb. 18, 1909, 35 Stat. 633, ch. 146, § 38.)
Prior Codifications
1981 Ed., § 39-210.
1973 Ed., § 39-510.
2023 District of Columbia Code › Title 49 - Military › Chapter 2 - Armament, Equipment, and Supplies › § 49–211. Liability of officer’s estate for property lost, injured, or destroyed

§ 49–211. Liability of officer’s estate for property lost, injured, or destroyed.
Compensation for any public property defaced, injured, lost, or destroyed through the neglect or default of a deceased officer may be recovered from his estate in the manner provided in § 49-205.
(Mar. 1, 1889, 25 Stat. 777, ch. 328; as added Feb. 18, 1909, 35 Stat. 633, ch. 146, § 38.)
Prior Codifications
1981 Ed., § 39-211.
1973 Ed., § 39-511.
2023 District of Columbia Code › Title 49 - Military › Chapter 2 - Armament, Equipment, and Supplies › § 49–212. Distinctive uniforms

§ 49–212. Distinctive uniforms.
Any organization of the active militia may, with the approval of the Commanding General, and at its own expense, adopt any other uniform than that issued to it; but such uniform shall not be worn when such organization is on duty under the orders of the Commanding General except by his permission.
(Mar. 1, 1889, 25 Stat. 777, ch. 328, § 37; renumbered Feb. 18, 1909, 35 Stat. 634, ch. 146, § 40.)
Prior Codifications
1981 Ed., § 39-212.
1973 Ed., § 39-512.
2023 District of Columbia Code › Title 49 - Military › Chapter 2 - Armament, Equipment, and Supplies › § 49–213. Right to own personal property; actions for injuries

§ 49–213. Right to own personal property; actions for injuries.
Organizations of the National Guard shall have the right to own and keep personal property, which shall belong to and be under the control of the active members thereof; and the commanding officer of any organization may recover for its use any debts or effects belonging to it, or damages for injury to such property; action for such recovery to be brought in the name of such commanding officer, before the court in the District of Columbia having jurisdiction of the amount in controversy, and no suit or complaint pending in his name shall be abated by his ceasing to be commanding officer of the organization; but, upon the motion of the commander succeeding him, such commander shall be admitted to prosecute the suit or complaint in like manner and with like effect as if it had been originally commenced by him.
(Mar. 1, 1889, 25 Stat. 777, ch. 328, § 38; renumbered Feb. 17, 1909, 35 Stat. 623, ch. 134; Feb. 18, 1909, 35 Stat. 634, ch. 146, § 41; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 575, Pub. L. 91-358, title I, § 157(i).)
Prior Codifications
1981 Ed., § 39-213.
1973 Ed., § 39-513.
2023 District of Columbia Code › Title 49 - Military › Chapter 2 - Armament, Equipment, and Supplies › § 49–214. Armories to be provided

§ 49–214. Armories to be provided.
The Quartermaster General of the militia shall provide, by rental or otherwise, such armories for the National Guard as may be allowed and directed by the Commanding General. He shall also provide each organization with such lockers, closets, gun racks, and cases or desks as may be necessary for the care, preservation, and safekeeping of the arms, equipments, uniforms, records, and other militia property in their possession. He shall also provide suitable rooms for the offices of the Commanding General and staff, for the keeping of books, the transaction of business, and the instruction of officers, and also suitable places for the storage and safekeeping of public property.
(Mar. 1, 1889, 25 Stat. 777, ch. 328, § 39; renumbered Feb. 18, 1909, 35 Stat. 634, ch. 146, § 42.)
Prior Codifications
1981 Ed., § 39-214.
1973 Ed., § 39-514.
2023 District of Columbia Code › Title 49 - Military › Chapter 2 - Armament, Equipment, and Supplies › § 49–215. Annual inspections

§ 49–215. Annual inspections.
An annual inspection and muster of each organization of the National Guard, and an inspection of their armories and of public property in their possession, shall be made at such times and places as the Commanding General may order and direct.
(Mar. 1, 1889, 25 Stat. 778, ch. 328, § 42; renumbered Feb. 18, 1909, 35 Stat. 634, ch. 146, § 45.)
Prior Codifications
1981 Ed., § 39-215.
1973 Ed., § 39-515.
2023 District of Columbia Code › Title 49 - Military › Chapter 2 - Armament, Equipment, and Supplies › § 49–216. Use of Fort Lesley J. McNair

§ 49–216. Use of Fort Lesley J. McNair.
National Guard shall have the use of the drill grounds and rifle range at Fort Lesley J. McNair, subject to the approval of the Secretary of the Army, and the Commanding General of the militia shall provide such additional targets and accessories as may be necessary for the use of the militia.
(Mar. 1, 1889, 25 Stat. 778, ch. 328, § 44; renumbered Feb. 18, 1909, 35 Stat. 634, ch. 146, § 47.)
Prior Codifications
1981 Ed., § 39-216.
1973 Ed., § 39-516.
2023 District of Columbia Code › Title 49 - Military › Chapter 2 - Armament, Equipment, and Supplies › § 49–217. Purchase of supplies

§ 49–217. Purchase of supplies.
The purchase of supplies and the procurement of services for all branches of the District of Columbia militia service may be made in open market, in the manner common among businessmen, when the aggregate of the amount required does not exceed $100.
(May 26, 1908, 35 Stat. 308, ch. 198, § 1.)
Prior Codifications
1981 Ed., § 39-217.
1973 Ed., § 39-517.
2023 District of Columbia Code › Title 49 - Military › Chapter 3 - Commissioned Officers › § 49–301. Commanding General

§ 49–301. Commanding General.
(a) There shall be appointed and commissioned by the President of the United States a Commanding General of the militia of the District of Columbia with the rank of brigadier general, or major general, who shall hold office until his successor is appointed and qualified, but may be removed at any time by the President.
(b) Except as provided in subsection (c) of this section, any person serving as the Commanding General of the militia of the District of Columbia shall be considered to be an employee of the Department of Defense, and of the United States, within the meaning of § 2105 of Title 5, United States Code.
(c) Any officer of the armed forces of the United States who, while serving on active duty, is detailed to serve as Commanding General of the militia of the District of Columbia shall, while so detailed, be entitled to receive only the pay and allowances to which he is entitled as an officer of the armed forces.
(Mar. 1, 1889, 25 Stat. 773, ch. 328, § 7; Sept. 2, 1957, 71 Stat. 596, Pub. L. 85-270, § 1; June 30, 1970, 84 Stat. 366, Pub. L. 91-297, title V, § 501(a).)
Prior Codifications
1981 Ed., § 39-301.
1973 Ed., § 39-201.
2023 District of Columbia Code › Title 49 - Military › Chapter 3 - Commissioned Officers › § 49–302. Staff officers; noncommissioned staff

§ 49–302. Staff officers; noncommissioned staff.
The staff of the militia of the District of Columbia shall be appointed and commissioned by the President. It shall consist of one Adjutant General, one Inspector General, one Quartermaster General, one Commissary General, one Chief of Ordnance, one Chief Engineer, one Surgeon General, one Judge Advocate General, and one Inspector General of Rifle Practice each with the rank of major; and 4 aides-de-camp, each with the rank of captain. The Commanding General may appoint a noncommissioned staff of the militia, to consist of one sergeant major, one quartermaster sergeant, one commissary sergeant, one ordnance sergeant, 2 staff sergeants, one hospital steward, one color sergeant, and one sergeant bugler.
(Mar. 1, 1889, 25 Stat. 773, ch. 328, § 8; June 3, 1916, 39 Stat. 199, ch. 134, § 66.)
Prior Codifications
1981 Ed., § 39-302.
1973 Ed., § 39-202.
2023 District of Columbia Code › Title 49 - Military › Chapter 3 - Commissioned Officers › § 49–303. Qualifications of staff officers; tenure; vacancies

§ 49–303. Qualifications of staff officers; tenure; vacancies.
It is hereby provided that staff officers, including officers of the pay, inspection, subsistence, and medical departments, appointed in the National Guard of the District of Columbia, shall have had previous military experience and shall hold their positions until they shall have reached the age of 64 years, unless retired prior to that time by reason of resignation, disability, or for cause to be determined by a court-martial legally convened for that purpose, and that vacancies among said officers shall be filled by appointment from the officers of the National Guard of the District of Columbia.
(July 11, 1919, 41 Stat. 127, ch. 8.)
Prior Codifications
1981 Ed., § 39-303.
1973 Ed., § 39-203.
2023 District of Columbia Code › Title 49 - Military › Chapter 3 - Commissioned Officers › § 49–304. Adjutant General

§ 49–304. Adjutant General.
The President may assign an officer of the Army to act as Adjutant General of the militia of the District of Columbia, who, while so assigned, shall be commissioned as such and be subject to the orders of the Commanding General and the provisions of this title; provided, however, that the officer so assigned shall receive no other pay or emolument than that to which his rank in the Army entitles him when on detached service.
(Mar. 1, 1889, 25 Stat. 773, ch. 328, § 9.)
Prior Codifications
1981 Ed., § 39-304.
1973 Ed., § 39-204.
2023 District of Columbia Code › Title 49 - Military › Chapter 3 - Commissioned Officers › § 49–305. Officers

§ 49–305. Officers.
All officers shall be commissioned by the President of the United States, on the recommendation of the Commanding General. They shall be nominated as herein provided. No person commissioned as an officer shall assume such rank or enter upon the duties of the office to which he may be commissioned until he has accepted such commission and taken such oath or affirmation as may be prescribed.
(Mar. 1, 1889, 25 Stat. 775, ch. 328, § 19; Feb. 18, 1909, 35 Stat. 630, ch. 146, § 13.)
Prior Codifications
1981 Ed., § 39-305.
1973 Ed., § 39-206.
2023 District of Columbia Code › Title 49 - Military › Chapter 3 - Commissioned Officers › § 49–306. Officers of staff departments

§ 49–306. Officers of staff departments.
The officers of the staff departments, staff corps, and the organizations created by this chapter when organized, shall be nominated by the Commanding General, subject to the examination required by law.
(Mar. 1, 1889, 25 Stat. 775, ch. 328, §§ 20, 21; Feb. 18, 1909, 35 Stat. 630, ch. 146, § 14.)
Prior Codifications
1981 Ed., § 39-306.
1973 Ed., § 39-207.
2023 District of Columbia Code › Title 49 - Military › Chapter 3 - Commissioned Officers › § 49–307. Filling vacancies above the grade of 2nd lieutenant

§ 49–307. Filling vacancies above the grade of 2nd lieutenant.
Vacancies occurring in the cavalry, coast artillery corps, field artillery, and infantry above the grade of 2nd lieutenant shall, subject to the examination required by law, be filled by promotion according to seniority from the next lower grade in the troop, the separate company, the field battery, the separate battalion, and the regiment in which the vacancy occurs.
(Mar. 1, 1889, 25 Stat. 775, ch. 328, § 22; Feb. 18, 1909, 35 Stat. 630, ch. 146, § 15.)
Prior Codifications
1981 Ed., § 39-307.
1973 Ed., § 39-208.
2023 District of Columbia Code › Title 49 - Military › Chapter 3 - Commissioned Officers › § 49–308. Appointments to grade of 2nd lieutenant

§ 49–308. Appointments to grade of 2nd lieutenant.
All appointments to the grade of 2nd lieutenant shall be from the enlisted men, under regulations prescribed by the Commanding General, and subject to the examination required by law.
(Mar. 1, 1889, 25 Stat. 775, ch. 328; as added Feb. 18, 1909, 35 Stat. 630, ch. 146, § 16.)
Prior Codifications
1981 Ed., § 39-308.
1973 Ed., § 39-209.
2023 District of Columbia Code › Title 49 - Military › Chapter 3 - Commissioned Officers › § 49–309. Examinations for promotion; failure to appear; retirement for disability

§ 49–309. Examinations for promotion; failure to appear; retirement for disability.
The Commanding General is authorized to prescribe a system of examination to be conducted at such times anterior to the accruing of the right to promotion as may be best for the interest of the service. If any officer fails to appear for examination within 30 days after notification to so appear or fails to pass a satisfactory examination and is reported unfit for promotion, the officer next below him in rank, having passed said examination, shall receive the promotion; and provided, that should the officer fail in his physical examination and be found incapacitated for service by reason of physical disability contracted in the line of duty he shall be retired with the rank to which his seniority entitled him to be promoted; but if he should fail for any other reason he shall be suspended from promotion for 90 days, when he shall be reexamined, and in case of failure on such reexamination he shall be honorably discharged.
(Mar. 1, 1889, 25 Stat. 775, ch. 328, § 23; Feb. 18, 1909, 35 Stat. 630, ch. 146, § 17.)
Prior Codifications
1981 Ed., § 39-309.
1973 Ed., § 39-210.
2023 District of Columbia Code › Title 49 - Military › Chapter 3 - Commissioned Officers › § 49–310. Examinations for 2nd lieutenants

§ 49–310. Examinations for 2nd lieutenants.
The Commanding General is authorized to prescribe a system of examination of enlisted men to determine their fitness for promotion to the grade of 2nd lieutenant.
(Mar. 1, 1889, 25 Stat. 775, ch. 328; as added Feb. 18, 1909, 35 Stat. 630, ch. 146, § 18.)
Prior Codifications
1981 Ed., § 39-310.
1973 Ed., § 39-211.
2023 District of Columbia Code › Title 49 - Military › Chapter 3 - Commissioned Officers › § 49–311. Special examination of officer’s capability

§ 49–311. Special examination of officer’s capability.
(a) Whenever, in the opinion of the Commanding General of the militia of the District of Columbia, an officer of the said militia has become incapacitated for the performance of duty for any reason, the Commanding General shall submit the name of such officer to the Secretary of the Army, with a view to his being ordered before a board of examination, to be appointed by the Secretary of the Army, which board shall examine said officer as to his physical, mental, and military qualifications.
(b) If any officer shall fail to appear before a board of examination so appointed within 30 days after being notified, or shall fail to pass a satisfactory examination, the fact shall be certified by the board to the Commanding General, who shall forward the record of examination to the Secretary of the Army, with his recommendation thereon, for submission to the President.
(Mar. 1, 1889, 25 Stat. 775, ch. 328; as added Feb. 18, 1909, 35 Stat. 631, ch. 146, § 19.)
Prior Codifications
1981 Ed., § 39-311.
1973 Ed., § 39-212.
2023 District of Columbia Code › Title 49 - Military › Chapter 3 - Commissioned Officers › § 49–312. Retirement of commissioned officer

§ 49–312. Retirement of commissioned officer.
Any commissioned officer in the National Guard of the District of Columbia who shall have served as such in the National Guard of the District of Columbia for the continuous period of 10 years may, upon his own application, be placed by the President of the United States upon a retired list, which is hereby authorized, with the rank held by him at the time such application is made; provided, however, that an officer so retired, who at the time of making such application has remained in the same grade for the continuous period of 10 years, or whose services have been especially meritorious, may be retired with increased rank of 1 grade and shall, before being so retired, receive from the President of the United States the commission of the new grade; provided further, that whenever any officer on the active list reaches the age of 64 years he shall be retired; with or without increase of rank in the discretion of the President of the United States. Retired officers on occasions of ceremony may, and when acting under orders, as hereinafter provided, shall wear the uniform of the highest rank attained by them in the military service of the United States, the militia of the states or territories, or the National Guard of the District of Columbia. Retired officers shall be eligible to perform any military duty to the same extent as if not retired, and the Commanding General may, in his discretion, by order, require them to serve upon military boards, courts of inquiry, and courts-martial, or to perform any other special or temporary duty, and for such service they shall receive the same pay and allowances as are provided by law for like service by officers on the active list of the National Guard of the District of Columbia. All retired officers shall be amenable to court-martial for military offenses to the same extent as if upon the active list of the National Guard of the District of Columbia. The names of all officers of retired rank shall be borne upon a separate roster, kept under the supervision of the Adjutant General. The Commanding General may at any time recommend to the President of the United States and the President may retire any commissioned officer who shall have been ordered before a medical board consisting of at least 3 commissioned medical officers and upon whom such a board shall have made report showing such officer to be physically unable to properly perform the duties of his office.
(Mar. 1, 1889, 25 Stat. 775, ch. 328; as added Feb. 18, 1909, 35 Stat. 631, ch. 146, § 20.)
Prior Codifications
1981 Ed., § 39-312.
1973 Ed., § 39-213.
2023 District of Columbia Code › Title 49 - Military › Chapter 3 - Commissioned Officers › § 49–313. Discharge of commissioned officer

§ 49–313. Discharge of commissioned officer.
(a) A commissioned officer may be honorably discharged:
(1) Upon tender of resignation;
(2) Upon disbandment of the organization to which he belongs; or
(3) Upon report of a board of examination, or for failure to appear before such board when ordered.
(b) He may be dismissed upon the sentence of a court-martial, or conviction in a court of justice of an infamous offense.
(Mar. 1, 1889, 25 Stat. 775, ch. 328, § 24; Feb. 18, 1909, 35 Stat. 631, ch. 146, § 21; Apr. 20, 1999, D.C. Law 12-264, § 41(b), 46 DCR 2118.)
Prior Codifications
1981 Ed., § 39-313.
1973 Ed., § 39-214.
2023 District of Columbia Code › Title 49 - Military › Chapter 4 - Composition, Organization, and Control › Subchapter I - General › § 49–401. Militia; persons to be enrolled

§ 49–401. Militia; persons to be enrolled.
Every able-bodied male citizen resident within the District of Columbia, of the age of 18 years and under the age of 45 years, excepting persons exempted by § 49-402, and idiots, lunatics, common drunkards, vagabonds, paupers, and persons convicted of any infamous crime, shall be enrolled in the militia. Persons so convicted after enrollment shall forthwith be disenrolled; and in all cases of doubt respecting the age of a person enrolled, the burden of proof shall be upon him.
(Mar. 1, 1889, 25 Stat. 772, ch. 328, § 1.)
Prior Codifications
1981 Ed., § 39-101.
1973 Ed., § 39-101.
2023 District of Columbia Code › Title 49 - Military › Chapter 4 - Composition, Organization, and Control › Subchapter I - General › § 49–402. Exemptions from service

§ 49–402. Exemptions from service.
In addition to the persons exempted from enrollment in the militia by the general laws of the United States, the following persons shall also be exempted from enrollment in the militia of the District of Columbia, namely: Officers of the government of the District of Columbia; judges and officers of the courts of the District of Columbia; officers who have held commissions in the regular or volunteer Army, Navy, or Air Force of the United States; officers who have served for a period of 5 years in the militia of the District of Columbia or of any state of the United States; ministers of the gospel; practicing physicians; and conductors and engine-drivers of railroad trains.
(Mar. 1, 1889, 25 Stat. 772, ch. 328, § 2; Nov. 19, 1985, D.C. Law 6-52, § 2(a), 32 DCR 5690; Apr. 20, 1999, D.C. Law 12-264, § 41(a), 46 DCR 2118.)
Prior Codifications
1981 Ed., § 39-102.
1973 Ed., § 39-102.
Section References
This section is referenced in § 49-401.
2023 District of Columbia Code › Title 49 - Military › Chapter 4 - Composition, Organization, and Control › Subchapter I - General › § 49–403. Assessors to make list of persons liable to enrollment

§ 49–403. Assessors to make list of persons liable to enrollment.
The Mayor of the District of Columbia shall provide for the enrollment of the militia, and for this purpose may require the assessors of taxes, at the same time they are engaged in taking the assessment of valuation of real and personal property, to make a list of persons liable to enrollment, and such record shall be deemed a sufficient notification to all persons whose names are thus recorded that they have been enrolled in the militia. Immediately after the completion of each enrollment they shall furnish the Commanding General of the militia with a copy of the same.
(Mar. 1, 1889, 25 Stat. 773, ch. 328, § 3.)
Prior Codifications
1981 Ed., § 39-103.
1973 Ed., § 39-103.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 49 - Military › Chapter 4 - Composition, Organization, and Control › Subchapter I - General › § 49–404. Duty of enrolled militia; police and fire department personnel

§ 49–404. Duty of enrolled militia; police and fire department personnel.
The enrolled militia shall not be subject to any duty except when called into the service of the United States, or to aid the civil authorities in the execution of the laws or suppression of riots. However, if the enrolled militia is called to aid the civil authorities, who already have activated, or will concomitantly activate, the police and fire departments, no member of these departments shall be subject to duty in the militia. Also, if the enrolled militia is called into service of the United States, the chief of the police department and the chief of the fire department shall be entitled to have exempted from call in the militia minimum personnel considered necessary to ensure continued, reasonable police and fire services to the citizens of the District of Columbia.
(Mar. 1, 1889, 25 Stat. 773, ch. 328, § 4; Nov. 19, 1985, D.C. Law 6-52, § 2(b), 32 DCR 5690.)
Prior Codifications
1981 Ed., § 39-104.
1973 Ed., § 39-104.
Emergency Legislation
For temporary (90 day) addition, see § 2 of National Guard Operations Coordination Emergency Act of 2006 (D.C. Act 16-365, April 26, 2006, 53 DCR 3632).
For temporary (90 day) addition, see § 3032 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).
For temporary (90 day) addition, see § 3032 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).
For temporary (90 day) addition, see § 3032 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).
Temporary Legislation
For temporary (225 day) addition, see § 2 of National Guard Operations Coordination Temporary Act of 2006 (D.C. Law 16-149, July 25, 2006, law notification 53 DCR 7508).
Short Title
Short title: Section 3031 of D.C. Law 16-192 provided that subtitle C of title III of the act may be cited as the “National Guard Operations Coordination Act of 2006”.
Editor's Notes
Establishment of a plan to coordinate operations of the National Guard and the Metropolitan Police Department: Section 3032 of D.C. Law 16-192 provided: “The Mayor is directed to consult with the Commanding General of the National Guard of the District of Columbia to establish a plan whereby the National Guard Reaction Force provided supplemental manpower to the Special Operations Division of the Metropolitan Police Department to assist it in the performance of its duties. The plan shall be implemented within 180 days of April 26, 2006.”
2023 District of Columbia Code › Title 49 - Military › Chapter 4 - Composition, Organization, and Control › Subchapter I - General › § 49–405. Ordering enrolled militia into service

§ 49–405. Ordering enrolled militia into service.
Whenever it shall be necessary to call out any portion of the enrolled militia the Commander-in-Chief shall order out, by draft or otherwise, or accept as volunteers as many as required. Every member of the enrolled militia who volunteers, or who is ordered out or drafted under the provisions of this chapter, who does not appear at the time and place designated, may be arrested by order of the Commanding General and be tried and punished by a court-martial. The portion of the enrolled militia ordered out or accepted shall be mustered into service for such period as may be required, and the Commanding General may assign them to existing organizations of the active militia, or may organize them as the exigencies of the occasion may require.
(Mar. 1, 1889, 25 Stat. 773, ch. 328, § 5.)
Prior Codifications
1981 Ed., § 39-105.
1973 Ed., § 39-105.
2023 District of Columbia Code › Title 49 - Military › Chapter 4 - Composition, Organization, and Control › Subchapter I - General › § 49–406. Organized militia; volunteer service; designation

§ 49–406. Organized militia; volunteer service; designation.
The organized militia shall be composed of volunteers, and shall be designated the National Guard of the District of Columbia.
(Mar. 1, 1889, 25 Stat. 774, ch. 328, § 10; Feb. 18, 1909, 35 Stat. 629, ch. 146, § 10.)
Prior Codifications
1981 Ed., § 39-106.
1973 Ed., § 39-106.
2023 District of Columbia Code › Title 49 - Military › Chapter 4 - Composition, Organization, and Control › Subchapter I - General › § 49–407. Reserve corps; organization; composition

§ 49–407. Reserve corps; organization; composition.
A reserve corps of the National Guard of the District of Columbia is hereby organized, to consist of honorably discharged officers and men of the Army, the Navy, the Air Force, and the Marine Corps of the United States, honorably discharged officers and men of the organized militia of any state or territory who are residents of the District of Columbia, and honorably discharged members of the National Guard of the District of Columbia, whose military training and physical condition shall conform to the standard determined by regulations to be promulgated by the President of the United States; provided, that the term of enlistment in the reserve and the military duties and obligations required of reservists shall be determined by regulations to be promulgated by the President of the United States; provided further, that when called out for military duty, reservists shall receive the same pay and allowances as officers and men of like grade on the active list of the National Guard of the District of Columbia.
(Mar. 1, 1889, 25 Stat. 777, ch. 328; as added Feb. 18, 1909, 35 Stat. 636, ch. 146, § 72.)
Prior Codifications
1981 Ed., § 39-107.
1973 Ed., § 39-108.
2023 District of Columbia Code › Title 49 - Military › Chapter 4 - Composition, Organization, and Control › Subchapter I - General › § 49–408. Disbanding companies below minimum strength

§ 49–408. Disbanding companies below minimum strength.
When any company of the National Guard shall, for a period of not less than 90 days, contain less than the required number of enlisted men, or upon a duly ordered inspection, shall be found to have fallen below a proper standard of efficiency, the Commanding General may, with consent of the President, either disband such company or consolidate it with any other company of the National Guard, and grant an honorable discharge to the supernumerary officers and noncommissioned officers produced by such consolidation. Officers and enlisted men discharged by reason of such disbanding or consolidation and at any time thereafter reentering the service shall have allowed to them, as part of their term of service, the time already served.
(Mar. 1, 1889, 25 Stat. 774, ch. 328, § 18; Feb. 18, 1909, 35 Stat. 630, ch. 146, § 12; June 3, 1916, 39 Stat. 200, ch. 134, § 68.)
Prior Codifications
1981 Ed., § 39-108.
1973 Ed., § 39-111.
2023 District of Columbia Code › Title 49 - Military › Chapter 4 - Composition, Organization, and Control › Subchapter I - General › § 49–409. President to be Commander-in-Chief

§ 49–409. President to be Commander-in-Chief.
The President of the United States shall be the Commander-in-Chief of the militia of the District of Columbia.
(Mar. 1, 1889, 25 Stat. 773, ch. 328, § 6.)
Prior Codifications
1981 Ed., § 39-109.
1973 Ed., § 39-112.
Editor's Notes
Supervision and control of National Guard of District of Columbia: See Presidential Executive Order No. 11485, October 1, 1969, 34 F.R. 15411.
2023 District of Columbia Code › Title 49 - Military › Chapter 4 - Composition, Organization, and Control › Subchapter II - Associations and Corporations › § 49–431. District of Columbia National Guard Morale, Welfare, and Recreation Association

§ 49–431. District of Columbia National Guard Morale, Welfare, and Recreation Association.
(a) All commissioned officers, warrant officers, and enlisted personnel of the District of Columbia National Guard, including retired personnel, may organize themselves into an association, the name of which shall be the District of Columbia National Guard Morale, Welfare, and Recreation Association (“MWRA”). The purpose of the MWRA shall be to enhance the morale and welfare of District of Columbia National Guard members and their families. The MWRA may adopt, alter, and amend bylaws not otherwise inconsistent with District law. Participation in the MWRA shall be voluntary.
(b) To facilitate its purpose, the MWRA may accept donations of money, property, or services from any lawful source to improve the capabilities of the District of Columbia National Guard or otherwise support members and their families.
(c) The District may appropriate funds, donate any other valuable thing, or grant or lease any land belonging to the District to aid, or further the purpose of, the MWRA.
(d) The money appropriated, other valuable thing donated, or the land granted or leased to the MWRA shall be, so far as practicable, expended or disposed of by the District of Columbia National Guard in such manner and under such lawful conditions as the donor may direct.
(Dec. 8, 2009, D.C. Law 18-83, § 2, 56 DCR 8142.)
Emergency Legislation
For temporary (90 day) addition, see § 2 of National Guard Morale Welfare and Recreation Emergency Act of 2009 (D.C. Act 18-177, August 4, 2009, 56 DCR 6889).
For temporary (90 day) addition, see § 2 of National Guard Morale, Welfare, and Recreation Congressional Review Emergency Act of 2009 (D.C. Act 18-226, October 28, 2009, 56 DCR 8664).