CHAPTER 6. ORGANIZATION AND PERSONNEL
IC 10-16-6
Chapter 6. Organization and Personnel
IC 10-16-6-1
Age of personnel
Sec. 1. Under Article 12, Section 1 of the Constitution of the Stateof Indiana, the militia consists of all persons who are at leasteighteen (18) years of age except those persons who are exempted bythe laws of the United States or of Indiana.
As added by P.L.2-2003, SEC.7. Amended by P.L.115-2003, SEC.17.
IC 10-16-6-2
Classes of militia
Sec. 2. The militia shall be divided into two (2) classes, thesedentary militia and the national guard, as follows:
(1) The sedentary militia consists of all persons subject to beararms under the Constitution of the State of Indiana who do notbelong to the national guard.
(2) The national guard consists of those able-bodied citizensbetween the proper ages as established by this article who maybe enrolled, organized, and mustered into the service of thestate as provided in this article. The organized militia of thestate constitutes and shall be known as the Indiana nationalguard.
As added by P.L.2-2003, SEC.7.
IC 10-16-6-3
National guard
Sec. 3. (a) The Indiana national guard consists of those units:
(1) specified by:
(A) the Secretary of the Army; and
(B) the Secretary of the Air Force; and
(2) approved by the governor.
(b) The composition of authorized units shall be the same as thoseprescribed for the regular army and the regular air force. The forcesof the Indiana national guard shall be fully armed, uniformed,organized, and equipped in accordance with the provisions of thenational military establishment regulations governing the regulararmy and regular air force.
As added by P.L.2-2003, SEC.7.
IC 10-16-6-4
National guard; officers; eligibility
Sec. 4. (a) Officers shall be commissioned by the governor. Thegovernor is, ex officio, the commander in chief.
(b) A commission may not be issued to any officer of the Indiananational guard except to general officers until the officer has passeda satisfactory examination before a board demonstrating:
(1) the officer's knowledge of military affairs proportionate tothe office to be held; and (2) the officer's general knowledge and fitness for the service.
(c) A person is not eligible for appointment:
(1) to the office of adjutant general;
(2) as a major general; or
(3) as a brigadier general;
unless the person has served at least ten (10) years as acommissioned officer of the national guard, army, or air force of theUnited States.
(d) A person is not eligible for appointment to any staff (otherthan the governor's honorary staff), corps, or department unless theperson has the technical training requisite to qualify for theappointment, to be determined by an examining board appointed forthe purpose.
As added by P.L.2-2003, SEC.7.
IC 10-16-6-5
Officers eligibility; preference in appointment
Sec. 5. (a) A person may not be commissioned as an officer of theIndiana national guard unless the person:
(1) is temperate and of good moral character; and
(2) has successfully passed tests as to physical, mental, andprofessional fitness as may be prescribed by the laws andregulations applicable to the federally recognized nationalguard.
(b) In the selection and appointment of commissioned officers,preference shall be given to:
(1) a person with prior active military service;
(2) an enlisted person;
(3) a member of the air national guard; and
(4) a graduate of a school teaching military science.
As added by P.L.2-2003, SEC.7.
IC 10-16-6-6
Officers discharge; inactive national guard
Sec. 6. (a) At any time, the moral character, capacity, and generalfitness for the service of any Indiana national guard officer may bedetermined by an efficiency board of three (3) commissionedofficers, senior in rank to the officer whose fitness for service isunder investigation.
(b) The governor may convene the efficiency board. If thefindings of the board are:
(1) unfavorable to the officer; and
(2) approved by the governor;
the officer shall be discharged.
(c) The commission of an officer in the Indiana national guardmay be vacated:
(1) upon the officer's resignation;
(2) upon the officer's absence without leave for three (3)months;
(3) upon the recommendation of an efficiency board; or (4) under a sentence of a court-martial.
However, an officer who has not returned or accounted for all thepublic property or funds for which the officer is responsible may notreceive an honorable discharge or separation.
(d) Officers rendered surplus by the disbandment of theirorganization or other causes shall be separated from the Indiananational guard or placed in the inactive national guard at thediscretion of the governor.
As added by P.L.2-2003, SEC.7.
IC 10-16-6-7
Officers oath
Sec. 7. A commissioned officer of the Indiana national guard,before entering upon the duties of the officer's office, shall take andsubscribe to the following oath, or other oath as may be required bynational guard regulations:
"I, ____________, do solemnly swear that I will support anddefend the Constitution of the United States and the Constitution ofthe State of Indiana against all enemies, foreign and domestic; thatI will bear true faith and allegiance to the same; that I will obey theorders of the President of the United States and the governor of thestate of Indiana, that I make this obligation freely, without anymental reservation or purpose of evasion, and that I will well andfaithfully discharge the duties of the office of __________, in thenational guard of the state of Indiana upon which I am about to enter,so help me God.".
As added by P.L.2-2003, SEC.7.
IC 10-16-6-8
Period of enlistment; oath
Sec. 8. (a) The period of enlistment in the Indiana national guardis for the time prescribed by national guard regulations. Thequalifications for enlistment must be the same as those prescribed byregulations for admission to the regular army or regular air force ornational guard regulations. However, the privilege of continuing theactive service during the whole of an enlistment period and ofreenlisting in the service may not be denied except as otherwiseprovided.
(b) An enlisted person of the Indiana national guard shall sign anenlistment contract and take and subscribe to the oath required bynational guard regulations.
(c) A federally recognized officer of the Indiana national guardmay administer the enlistment oath.
(d) The adjutant general may authorize officers of the services onduty at armed forces entrance stations to administer the oath ofenlistment to an applicant presented to them by an authorizedrepresentative of the Indiana national guard for enlistment in theIndiana national guard. The state adjutant general's authorizationmust be in writing.
As added by P.L.2-2003, SEC.7.
IC 10-16-6-9
Discharge from service
Sec. 9. An enlisted person who is discharged from service in theIndiana national guard shall receive a discharge in writing in theform and with the classification prescribed by national guardregulations. In time of peace, a discharge may be given before theexpiration of an enlistment term in the following cases:
(1) By sentence of a general court-martial.
(2) By direction of the governor on account of disability.
(3) On account of sentence of imprisonment by a civil court,whether suspended or not.
(4) On account of a bona fide permanent change of residence toanother state.
(5) For the purpose of enlisting in the United States Army, AirForce, Navy, or Marine Corps.
(6) For other causes prescribed by national guard regulations orthe commander in chief.
However, an enlisted person who has not returned or accounted forall of the public property for which the enlisted person is responsiblemay not receive an honorable discharge.
As added by P.L.2-2003, SEC.7.
IC 10-16-6-10
Uniform code of military justice; customs and usage of armedforces of the United States
Sec. 10. All matters relating to:
(1) organization, commissioning, and separation of officers;
(2) enlisting and discharge of enlisted persons; and
(3) discipline and government of the Indiana national guard;
that are not otherwise provided in this article shall be decided by theuniform code of military justice governing the armed forces of theUnited States, the regulations, customs, and usage of the armedforces of the United States, or national guard regulations.
As added by P.L.2-2003, SEC.7.
IC 10-16-6-11
Inactive national guard
Sec. 11. (a) The inactive national guard of Indiana consists ofthose federally recognized officers and persons placed in the inactivenational guard under the provisions of national guard regulations.
(b) The administration of the inactive national guard shall be inaccordance with applicable national guard regulations.
As added by P.L.2-2003, SEC.7.
IC 10-16-6-12
Retirement
Sec. 12. (a) A commissioned officer:
(1) who serves in the Indiana national guard for at least five (5)years; or
(2) who becomes permanently disabled from performing the
officer's duties, irrespective of length of service;
may, upon honorable retirement from the service, whether byresignation or otherwise, and upon application to the adjutantgeneral, be carried upon a roll to be established and maintained in theoffice of the adjutant general. The roll shall be designated theIndiana national guard retired list.
(b) The commissioned officer may wear, on occasion ofceremony, the uniform of the highest rank held by the officer.
(c) An officer carried on the Indiana national guard retired list, ifqualified, is eligible for detail or appointment on the general staff orthe staff of any commander when not physically disqualified formilitary duty. However, if an officer carried on the Indiana nationalguard retired list is appointed to a staff position as described in thissection, the officer shall be recommissioned in the rank to which theofficer has been appointed. The officer shall hold this rank during thetime of the staff appointment unless the officer is promoted to ahigher rank.
(d) If the officer retires for a second time from active service, theofficer shall be entered on the Indiana national guard retired list withthe officer's highest rank.
(e) An officer whose name appears on the national guard retiredlist is not entitled to receive any military pay or emolument from thestate during the time the officer remains on the national guard retiredlist unless the officer is specifically assigned to duty on orders fromthe governor. If the officer is assigned to duty on orders from thegovernor, the officer is entitled only to the military pay andallowance provided by law for officers of the rank to whichappointed.
As added by P.L.2-2003, SEC.7.