Alaska Statutes Title 26, Chapter 26.05 - Military Code of Alaska

• Sec. 26.05.010 Alaska Militia Established.
  (a) The militia of the state consists of all able-bodied citizens of the United States and all other able-bodied persons who have declared their...
• Sec. 26.05.020 Exemption From Military Service.
  The following are exempt from militia service: persons exempt by the laws of the United States, judges of the courts of the state, and...
• Sec. 26.05.030 Composition of Organized Militia.
  (a) The Alaska National Guard consists of(1) members of the militia who have voluntarily enlisted and who, upon original enlistment, are organized, armed, equipped,...
• Sec. 26.05.040 Ratification and Confirmation of Existing Military Forces. [Repealed, Sec. 38 Ch 30 Sla 1992].
  Repealed or Renumbered
• Sec. 26.05.050 Authority for Organization.
  The governor as commander in chief may organize units in communities so requesting and specifically provide for organization of at least two scout battalions...
• Sec. 26.05.060 Control of Alaska National Guard and Alaska Naval Militia.
  The governor as ex officio commander of the militia of the state has command of the Alaska National Guard and the Alaska Naval Militia...
• Sec. 26.05.070 Governor May Order Organized Militia Into Active State Service.
  In the event of war, disaster, insurrection, rebellion, tumult, catastrophe, wildland fire, invasion, or riot; or if a mob or body of men act...
• Sec. 26.05.075 Leave and Reemployment Rights of the Organized Militia.
  (a) An employer shall grant to an employee who is a member of the organized militia a leave of absence to perform active state...
• Sec. 26.05.080 Decision of Governor Final.
  Whenever any portion of the militia is ordered to duty by the governor, the decision of the governor in this matter is final.
• Sec. 26.05.090 Proclamations of Martial Law.
  The governor may proclaim martial law when the public safety requires it in case of rebellion or actual or imminent invasion, and may order...
• Sec. 26.05.100 Alaska State Defense Force.
  A state militia, known as the Alaska State Defense Force, may be organized through voluntary enlistments under regulations as to discipline and training that...
• Sec. 26.05.110 Governor May Order Unorganized Militia Into Active Service.
  In the event of imminent invasion by a foreign power and for the same reasons set forth in AS 26.05.070 , if the governor...
• Sec. 26.05.120 Penalty for Failure to Obey Call.
  A member of the militia who is ordered into active service and who refuses or wilfully or negligently fails to report at the time...
• Sec. 26.05.130 Penalty for Physician Making False Certificate.
  A physician who knowingly makes and delivers a false certificate of physical disability concerning a person ordered to active service shall be tried in...
• Sec. 26.05.135 Suspension of Enforcement of Civil Liabilities.
  The provisions of 50 U.S.C. App. 501 - 590, pertaining to the temporary suspension of enforcement of civil liabilities of persons in the military...
• Sec. 26.05.140 Suits Against Officers and Enlisted Persons.
  (a) Members of the militia ordered into active service for the state by order of the governor are not liable civilly or criminally for...
• Sec. 26.05.145 Suits by Members of the Military Services.
  (a) A civil action for damages may not be brought by or on behalf of a member of the military services against the state...
• Sec. 26.05.150 Not Liable for Exercise of Judgment.
  A commanding officer of the Alaska militia engaged under proper authority in the suppression of any of those acts listed in AS 26.05.070 may...
• Sec. 26.05.160 Appointment, Qualifications, and Duties of Adjutant General.
  (a) The adjutant general of the state is appointed by the governor. In appointing the adjutant general, the governor may give preference to a...
• Sec. 26.05.170 Governor's Command and Instructions Exercised Through the Adjutant General.
  The governor's command is exercised through the adjutant general, who shall carry out the policies of the governor in military affairs. The adjutant general...
• Sec. 26.05.180 Headquarters Staff of Alaska National Guard.
  (a) The headquarters of the Alaska National Guard is composed of an Army National Guard component, an Air National Guard component and a Naval...
• Sec. 26.05.185 Assistant Adjutant General for Space and Missile Defense.
  (a) The adjutant general, with the concurrence of the governor, may appoint an assistant adjutant general for space and missile defense. The adjutant general...
• Sec. 26.05.190 Administration.
  (a) The adjutant general shall adopt and publish orders and regulations not contrary to law that in the adjutant general's judgment are necessary to...
• Sec. 26.05.200 Officers' Qualifications, Appointment, and Tenure.
  A person may not be commissioned or warranted in an office of the National Guard or the Naval Militia of the state unless the...
• Sec. 26.05.210 Removal of Officers.
  (a) The adjutant general and the assistant adjutants general serve at the pleasure of the governor.(b) When federal recognition of an officer's commission or...
• Sec. 26.05.220 Retired List.
  A commissioned officer and enlisted person upon reaching the maximum age prescribed for active duty by appropriate regulations and a commissioned officer or enlisted...
• Sec. 26.05.222 Creation and Administration of Alaska National Guard and Alaska Naval Militia Retirement System.
  (a) There is established an Alaska National Guard and Alaska Naval Militia retirement system. The commissioner of administration shall administer the Alaska National Guard...
• Sec. 26.05.223 Commencement of Participation in System.
  A member of the Alaska National Guard or Alaska Naval Militia shall be included in this system upon commencement of membership in the Alaska...
• Sec. 26.05.224 Retirement Benefits.
  (a) An active member of the Alaska National Guard, or a former member who was an active member on or after January 1, 1969,...
• Sec. 26.05.225 Earlier Service.
  A person who was a member of the Alaska National Guard on or after January 1, 1969, is entitled to credit for service to...
• Sec. 26.05.226 Contributions.
  (a) The Department of Military and Veterans' Affairs shall contribute to the Alaska National Guard and Alaska Naval Militia retirement system the amounts determined...
• Sec. 26.05.227 [Renumbered As As 26.05.229 ].
  
  Repealed or Renumbered
• Sec. 26.05.228 Accounting and Investment.
  (a) The commissioner of administration shall establish a military retirement trust fund for the system in which the assets of the system are deposited...
• Sec. 26.05.229 Definitions.
  In AS 26.05.222 - 26.05.228,(1) "beneficiary" means a person designated by a member in a writing filed with the system by the member while...
• Sec. 26.05.230 Armories, Training Sites, and Maintenance Facilities.
  (a) Buildings and sites for armory purposes may be leased or constructed, based upon location and size of units to be organized, and shall...
• Sec. 26.05.235 Active Duty Training Sites.
  Unless prohibited by federal regulation, no less than once every two training years, each unit of the Alaska Army National Guard shall train for...
• Sec. 26.05.240 Enlisted Persons.
  An able-bodied person of good character who is a citizen of the United States or has declared an intention of becoming a citizen is...
• Sec. 26.05.250 Discharges.
  An enlisted person who is discharged from service in the organized militia of the state shall receive a notice of discharge in writing in...
• Sec. 26.05.260 Pay and Allowances.
  (a) The adjutant general is charged with all disbursements of pay and allowances for service of the troops.(b) Members of the Alaska National Guard...
• Sec. 26.05.262 Disposition of Remains of Members of Organized Militia.
  If a member of the organized militia who is in active state service has executed the United States Department of Defense Military Record of...
• Sec. 26.05.263 Payment of Servicemembers' Group Life Insurance Premiums; Establishment of Fund.
  (a) The Servicemembers' Group Life Insurance premium fund is established as a separate fund in the state treasury. The fund consists of appropriations by...
• Sec. 26.05.265 Reenlistment Bonus.
  (a) Subject to legislative appropriation and (c) of this section, an enlisted member of the Alaska National Guard or the Alaska Naval Militia who...
• Sec. 26.05.270 Payment of Military Claims.
  All bills, claims, and demands for military purposes shall be certified and audited as prescribed by law and shall be paid from the state...
• Sec. 26.05.280 Transportation, Subsistence, and Supplies.
  There shall be provided by the state, transportation and subsistence for all officers and enlisted persons who are ordered into active service by the...
• Sec. 26.05.290 Further Equipment and Armories.
  The governor may requisition from the Secretary of Defense the arms and equipment that are available for state forces, and make available to state...
• Sec. 26.05.295 Educational Assistance for Enlisted Personnel.
  (a) Each active enlisted member of the Alaska National Guard or the Alaska Naval Militia who has completed the initial voluntary enlistment period of...
• Sec. 26.05.296 Tuition Assistance.
  (a) To the extent funds are available, the adjutant general may authorize the payment of up to 100 percent of the cost of tuition...
• Sec. 26.05.300 Statement of Policy on Military Justice.
  An offense committed by a member of the militia, organized or unorganized, shall be tried in civil courts and prosecuted by civil authorities except...
• Sec. 26.05.310 Military Courts for the Alaska Militia.
  (a) Except in organizations in the service of the United States, military courts in the Alaska militia, including the Alaska National Guard and the...
• Sec. 26.05.320 General Court-Martial.
  (a) A general court-martial of the Alaska National Guard or the Alaska Naval Militia shall be convened only by order of the governor. A...
• Sec. 26.05.322 Special Court-Martial.
  The adjutant general or the commanding officer of a battalion or similar unit may appoint a special court-martial but the special court-martial may in...
• Sec. 26.05.324 Summary Court-Martial.
  The commanding officer of a unit may appoint a summary court to consist of one officer who may administer oaths and may try enlisted...
• Sec. 26.05.326 Appeal From Court-Martial Convictions.
  Any appeal from the sentence of a court-martial by the defendant shall be taken to the adjutant general. The defendant shall file written notice...
• Sec. 26.05.330 Expenses of Military Courts.
  (a) The expense incident to and connected with the holding of military courts in this state under this chapter shall be paid out of...
• Sec. 26.05.340 Restrictions on and Protection of Militia.
  (a) In no case may any part of the Alaska National Guard, Alaska Naval Militia, or the Alaska State Defense Force be used against...
• Sec. 26.05.342 Alaska Decoration of Honor.
  (a) There is created an Alaska Decoration of Honor. The Alaska Decoration of Honor may be awarded to an individual who has been killed...
• Sec. 26.05.345 - 26.05.347 Civil Air Patrol; Transfer of Forfeited Aircraft. [Repealed, E. O. No. 59, Sec. 3 (1985). for Current Law See As 18.60.146 ].
  
  Repealed or Renumbered
• Sec. 26.05.350 Short Title.
  This chapter may be cited as the Military Code of Alaska.

Last modified: November 15, 2016