Hawaii Revised Statutes 121. Militia; National Guard

• 121-1 Militia.
  The militia of the State shall consist of every resident able-bodied citizen of the United States who is seventeen years old or older and...
• 121-2 Exemptions.
  The following are exempt from military duty: all persons exempted from military duty under the laws of the United States, all judges of the...
• 121-3 Government Employees.
  In case of a state of war, insurrection, rebellion, or of resistance to the execution of the laws of the United States, or of...
• 121-4 Composition.
  The Hawaii national guard shall consist of the army national guard, the air national guard, the inactive national guard, and other organizations and units...
• 121-5 Command.
  The governor shall be the commander in chief of the forces comprising the militia. The governor is authorized to promulgate such rules, regulations, and...
• 121-6 Organization and Reorganization of Units.
  The governor may organize, alter, divide, annex, consolidate, and reorganize the army and air national guard into divisions, brigades, regimental combat teams, regiments, battle...
• 121-7 Adjutant General; Appointment.
  The adjutant general shall be the executive head of the department of defense and commanding general of the militia of the State. The adjutant...
• 121-8 Adjutant General; Rank, Salary.
  The adjutant general shall have the grade of a general officer. The salary of the adjutant general shall be subject to section 26-52. [L...
• 121-9 Adjutant General; Duties.
  The adjutant general shall perform such duties as are prescribed by law and such other military duties consistent with the regulations and customs of...
• 121-10 Administration.
  The adjutant general shall from time to time make and publish such orders and regulations, not inconsistent with law, as are necessary to bring...
• 121-10.5 Prisoner of War and Missing in Action Designations.
  The State of Hawaii hereby recognizes the designations of prisoner of war and missing in action as valid descriptions of casualty status and category...
• 121-11 Deputy Adjutant General.
  The adjutant general may appoint and remove at the adjutant general's pleasure a deputy adjutant general, who shall have a grade no higher than...
• 121-12 Staff for Military Components, Organization.
  (a) The headquarters staff of the national guard shall be composed of the army national guard component, which shall include a selective service section,...
• 121-13 Commissioned by Commander in Chief.
  All commissioned officers of the army or air national guard shall be commissioned by the commander in chief but the commander in chief may...
• 121-14 Officers and Warrant Officers; Qualifications, Appointment, Tenure.
  Commissioned officers and warrant officers shall be citizens of the United States and shall be at least twenty-one years of age or such lower...
• 121-15 Commissioned and Warrant Officers; Transfer to Inactive List, Retirement, Separation.
  Officers may be transferred to the inactive or retired lists, or separated from the service as follows: (1) An officer may be honorably discharged...
• 121-16 Examination of Officers and Warrant Officers.
  Every officer and warrant officer of the army or air national guard, except those for whom federal recognition is not required shall, upon the...
• 121-17 Resignations.
  Resignations of officers and warrant officers shall be in writing addressed to the adjutant general and shall state the reasons for the resignation. Resignations...
• 121-18 Retired List.
  Officers shall be placed on the retired list in the grade held at the time of retirement and may if promoted by the commander...
• 121-19 Regulations Governing Armories, Etc.
  Any law to the contrary notwithstanding, the adjutant general may make regulations to establish procedures governing the care and custody of armories, rifle ranges,...
• 121-20 Enlistment.
  Enlistment in the army or air national guard shall be in a manner, form, and for a period of time as may be provided...
• 121-21 Discharge.
  Discharges shall be granted for the convenience of the State and for the same reasons and in like manner as are from time to...
• 121-22 Warrants of Noncommissioned Officers.
  The warrants of noncommissioned officers and appointments of private first-class and rated specialists shall be continued in force after discharge by reason of expiration...
• 121-23 Oath Required.
  Every person appointed or commissioned as an officer or who enlists or reenlists shall sign and take an oath of allegiance to the State...
• 121-24 Oaths and Affirmations; False Swearing; Perjury.
  (a) All commissioned officers of the army or air national guard shall have the power to administer oaths and affirmations in all matters pertaining to...
• 121-25 Exemption From Arrest and Service.
  No member of the army or air national guard or of the militia of the State shall be arrested or subjected to service under...
• 121-26 Relief From Civil or Criminal Liability.
  Members of the army or air national guard or the militia ordered into active service of the State by any proper authority shall not...
• 121-27 Dishonorable Discharge, Effect.
  Any officer or enlisted member of the militia who is dishonorably dismissed or discharged from the national guard, shall be disqualified from holding any...
• 121-28 Report for Service, Drills, and Exercises.
  Every member of the army or air national guard not excused therefrom shall report for active service whenever so ordered or called by the...
• 121-29 Active Service.
  Active service is any duty or service done under or in pursuance of an order or call of the President of the United States or...
• 121-30 Order to Active Service.
  In case of war, insurrection, invasion, riot, or imminent danger thereof; an emergency or disaster; or danger from flood, fire, storm, earthquake, civil disturbances,...
• 121-31 Hawaii Code of Military Justice to Apply.
  Whenever any portion of the militia, including the army or air national guard, is on active service pursuant to the order of the governor,...
• 121-32 Repealed.
  L 1982, c 171, §5.
• 121-33 Interference by Civilian, Penalty.
  Every commanding officer when on duty may ascertain and fix the necessary bounds and limits to the commanding officer's parade or encampment. Whoever intrudes...
• 121-34 Right-Of-way on Street, Violation, and Penalty.
  Any portion of the army or air national guard while parading, drilling, moving in convoy, or performing any military duty pursuant to orders and...
• 121-34.5 Use of Electric Guns.
  Members of the army or air national guard who have been qualified by training and are authorized by their commanders may use electric guns,...
• 121-35 Property of State.
  All property purchased by the State for the army or air national guard shall be and remain the property of the State. All property...
• 121-36 Responsibility for Property.
  Every officer commanding a unit shall be charged with and be responsible for the arms, accouterments, ammunition, clothing, or other military property or stores...
• 121-37 Failure to Return Arms, Etc.
  Every member of the militia who wilfully neglects to return to the armory or headquarters of the unit to which the member belongs, any...
• 121-38 Wearing of Uniform for Private Purposes.
  Any member of the national guard or other component of the militia wearing a uniform or any portion thereof issued by the United States...
• 121-39 Pay of Officers and Warrant Officers While on Active Duty.
  Officers and warrant officers of the army or air national guard while on active duty of the State shall receive the pay and allowances...
• 121-40 Pay of Enlisted Personnel While on Active Duty.
  Enlisted personnel of the army and air national guard while on active duty in the service of the State, except during periods of annual...
• 121-41 Repealed.
  L 2013, c 10, §2.
• 121-42 No Pay Without Orders.
  No officer or enlisted member of the army or air national guard shall be entitled to receive the pay herein provided unless the orders...
• 121-43 Nonforfeiture for Absence.
  (a) Every employee of a private employer who is a member of the national guard shall be entitled to absent oneself from the employee's...
• 121-44 Youth Challenge Program.
  (a) Notwithstanding any other law to the contrary, the department may receive, expend, use, manage, and invest money, services, or property, real, personal, or...
• 121-45 Tuition Assistance for Hawaii National Guard Personnel to Attend the University of Hawaii.
  (a) The adjutant general, subject to the availability of funds, may award tuition assistance to qualified enlisted persons, warrant officers, and company grade officers...

Last modified: October 27, 2016