IC 10-16-6-1 Age of personnel
Sec. 1. Under Article 12, Section 1 of the Constitution of the State
of Indiana, the militia consists of all persons who are at least
eighteen (18) years of age except those persons who are exempted by
the 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, the
sedentary militia and the national guard, as follows:
(1) The sedentary militia consists of all persons subject to bear
arms under the Constitution of the State of Indiana who do not
belong to the national guard.
(2) The national guard consists of those able-bodied citizens
between the proper ages as established by this article who may
be enrolled, organized, and mustered into the service of the
state as provided in this article. The organized militia of the
state constitutes and shall be known as the Indiana national
guard. 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 those
prescribed for the regular army and the regular air force. The forces
of the Indiana national guard shall be fully armed, uniformed,
organized, and equipped in accordance with the provisions of the
national military establishment regulations governing the regular
army 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. The
governor is, ex officio, the commander in chief.
(b) A commission may not be issued to any officer of the Indiana
national guard except to general officers until the officer has passed
a satisfactory examination before a board demonstrating:
(1) the officer's knowledge of military affairs proportionate to
the 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 a
commissioned officer of the national guard, army, or air force of the
United States.
(d) A person is not eligible for appointment to any staff (other
than the governor's honorary staff), corps, or department unless the
person has the technical training requisite to qualify for the
appointment, to be determined by an examining board appointed for
the 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 the
Indiana national guard unless the person:
(1) is temperate and of good moral character; and
(2) has successfully passed tests as to physical, mental, and
professional fitness as may be prescribed by the laws and
regulations applicable to the federally recognized national
guard.
(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 general
fitness for the service of any Indiana national guard officer may be
determined by an efficiency board of three (3) commissioned
officers, senior in rank to the officer whose fitness for service is
under investigation.
(b) The governor may convene the efficiency board. If the
findings 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 guard
may 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 the
public property or funds for which the officer is responsible may not
receive an honorable discharge or separation.
(d) Officers rendered surplus by the disbandment of their
organization or other causes shall be separated from the Indiana
national guard or placed in the inactive national guard at the
discretion 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 and
subscribe to the following oath, or other oath as may be required by
national guard regulations:
"I, ____________, do solemnly swear that I will support and
defend the Constitution of the United States and the Constitution of
the State of Indiana against all enemies, foreign and domestic; that
I will bear true faith and allegiance to the same; that I will obey the
orders of the President of the United States and the governor of the
state of Indiana, that I make this obligation freely, without any
mental reservation or purpose of evasion, and that I will well and
faithfully discharge the duties of the office of __________, in the
national 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 guard
is for the time prescribed by national guard regulations. The
qualifications for enlistment must be the same as those prescribed by
regulations for admission to the regular army or regular air force or
national guard regulations. However, the privilege of continuing the
active service during the whole of an enlistment period and of
reenlisting in the service may not be denied except as otherwise
provided.
(b) An enlisted person of the Indiana national guard shall sign an
enlistment contract and take and subscribe to the oath required by
national guard regulations.
(c) A federally recognized officer of the Indiana national guard
may administer the enlistment oath.
(d) The adjutant general may authorize officers of the services on
duty at armed forces entrance stations to administer the oath of
enlistment to an applicant presented to them by an authorized
representative of the Indiana national guard for enlistment in the
Indiana national guard. The state adjutant general's authorization
must 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 the
Indiana national guard shall receive a discharge in writing in the
form and with the classification prescribed by national guard
regulations. In time of peace, a discharge may be given before the
expiration 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 to
another state.
(5) For the purpose of enlisting in the United States Army, Air
Force, Navy, or Marine Corps.
(6) For other causes prescribed by national guard regulations or
the commander in chief.
However, an enlisted person who has not returned or accounted for
all of the public property for which the enlisted person is responsible
may 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 armed
forces 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 the
uniform code of military justice governing the armed forces of the
United States, the regulations, customs, and usage of the armed
forces 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 of
those federally recognized officers and persons placed in the inactive
national guard under the provisions of national guard regulations.
(b) The administration of the inactive national guard shall be in
accordance 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 by
resignation or otherwise, and upon application to the adjutant
general, be carried upon a roll to be established and maintained in the
office of the adjutant general. The roll shall be designated the
Indiana national guard retired list.
(b) The commissioned officer may wear, on occasion of
ceremony, the uniform of the highest rank held by the officer.
(c) An officer carried on the Indiana national guard retired list, if
qualified, is eligible for detail or appointment on the general staff or
the staff of any commander when not physically disqualified for
military duty. However, if an officer carried on the Indiana national
guard retired list is appointed to a staff position as described in this
section, the officer shall be recommissioned in the rank to which the
officer has been appointed. The officer shall hold this rank during the
time of the staff appointment unless the officer is promoted to a
higher rank.
(d) If the officer retires for a second time from active service, the
officer shall be entered on the Indiana national guard retired list with
the officer's highest rank.
(e) An officer whose name appears on the national guard retired
list is not entitled to receive any military pay or emolument from the
state during the time the officer remains on the national guard retired
list unless the officer is specifically assigned to duty on orders from
the governor. If the officer is assigned to duty on orders from the
governor, the officer is entitled only to the military pay and
allowance provided by law for officers of the rank to which
appointed. As added by P.L.2-2003, SEC.7.
IC 10-16-6-1 Age of personnel
Sec. 1. Under Article 12, Section 1 of the Constitution of the State
of Indiana, the militia consists of all persons who are at least
eighteen (18) years of age except those persons who are exempted by
the 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, the
sedentary militia and the national guard, as follows:
(1) The sedentary militia consists of all persons subject to bear
arms under the Constitution of the State of Indiana who do not
belong to the national guard.
(2) The national guard consists of those able-bodied citizens
between the proper ages as established by this article who may
be enrolled, organized, and mustered into the service of the
state as provided in this article. The organized militia of the
state constitutes and shall be known as the Indiana national
guard. 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 those
prescribed for the regular army and the regular air force. The forces
of the Indiana national guard shall be fully armed, uniformed,
organized, and equipped in accordance with the provisions of the
national military establishment regulations governing the regular
army 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. The
governor is, ex officio, the commander in chief.
(b) A commission may not be issued to any officer of the Indiana
national guard except to general officers until the officer has passed
a satisfactory examination before a board demonstrating:
(1) the officer's knowledge of military affairs proportionate to
the 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 a
commissioned officer of the national guard, army, or air force of the
United States.
(d) A person is not eligible for appointment to any staff (other
than the governor's honorary staff), corps, or department unless the
person has the technical training requisite to qualify for the
appointment, to be determined by an examining board appointed for
the 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 the
Indiana national guard unless the person:
(1) is temperate and of good moral character; and
(2) has successfully passed tests as to physical, mental, and
professional fitness as may be prescribed by the laws and
regulations applicable to the federally recognized national
guard.
(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 general
fitness for the service of any Indiana national guard officer may be
determined by an efficiency board of three (3) commissioned
officers, senior in rank to the officer whose fitness for service is
under investigation.
(b) The governor may convene the efficiency board. If the
findings 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 guard
may 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 the
public property or funds for which the officer is responsible may not
receive an honorable discharge or separation.
(d) Officers rendered surplus by the disbandment of their
organization or other causes shall be separated from the Indiana
national guard or placed in the inactive national guard at the
discretion 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 and
subscribe to the following oath, or other oath as may be required by
national guard regulations:
"I, ____________, do solemnly swear that I will support and
defend the Constitution of the United States and the Constitution of
the State of Indiana against all enemies, foreign and domestic; that
I will bear true faith and allegiance to the same; that I will obey the
orders of the President of the United States and the governor of the
state of Indiana, that I make this obligation freely, without any
mental reservation or purpose of evasion, and that I will well and
faithfully discharge the duties of the office of __________, in the
national 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 guard
is for the time prescribed by national guard regulations. The
qualifications for enlistment must be the same as those prescribed by
regulations for admission to the regular army or regular air force or
national guard regulations. However, the privilege of continuing the
active service during the whole of an enlistment period and of
reenlisting in the service may not be denied except as otherwise
provided.
(b) An enlisted person of the Indiana national guard shall sign an
enlistment contract and take and subscribe to the oath required by
national guard regulations.
(c) A federally recognized officer of the Indiana national guard
may administer the enlistment oath.
(d) The adjutant general may authorize officers of the services on
duty at armed forces entrance stations to administer the oath of
enlistment to an applicant presented to them by an authorized
representative of the Indiana national guard for enlistment in the
Indiana national guard. The state adjutant general's authorization
must 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 the
Indiana national guard shall receive a discharge in writing in the
form and with the classification prescribed by national guard
regulations. In time of peace, a discharge may be given before the
expiration 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 to
another state.
(5) For the purpose of enlisting in the United States Army, Air
Force, Navy, or Marine Corps.
(6) For other causes prescribed by national guard regulations or
the commander in chief.
However, an enlisted person who has not returned or accounted for
all of the public property for which the enlisted person is responsible
may 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 armed
forces 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 the
uniform code of military justice governing the armed forces of the
United States, the regulations, customs, and usage of the armed
forces 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 of
those federally recognized officers and persons placed in the inactive
national guard under the provisions of national guard regulations.
(b) The administration of the inactive national guard shall be in
accordance 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 by
resignation or otherwise, and upon application to the adjutant
general, be carried upon a roll to be established and maintained in the
office of the adjutant general. The roll shall be designated the
Indiana national guard retired list.
(b) The commissioned officer may wear, on occasion of
ceremony, the uniform of the highest rank held by the officer.
(c) An officer carried on the Indiana national guard retired list, if
qualified, is eligible for detail or appointment on the general staff or
the staff of any commander when not physically disqualified for
military duty. However, if an officer carried on the Indiana national
guard retired list is appointed to a staff position as described in this
section, the officer shall be recommissioned in the rank to which the
officer has been appointed. The officer shall hold this rank during the
time of the staff appointment unless the officer is promoted to a
higher rank.
(d) If the officer retires for a second time from active service, the
officer shall be entered on the Indiana national guard retired list with
the officer's highest rank.
(e) An officer whose name appears on the national guard retired
list is not entitled to receive any military pay or emolument from the
state during the time the officer remains on the national guard retired
list unless the officer is specifically assigned to duty on orders from
the governor. If the officer is assigned to duty on orders from the
governor, the officer is entitled only to the military pay and
allowance provided by law for officers of the rank to which
appointed. As added by P.L.2-2003, SEC.7.
IC 10-16-6-1 Age of personnel
Sec. 1. Under Article 12, Section 1 of the Constitution of the State
of Indiana, the militia consists of all persons who are at least
eighteen (18) years of age except those persons who are exempted by
the 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, the
sedentary militia and the national guard, as follows:
(1) The sedentary militia consists of all persons subject to bear
arms under the Constitution of the State of Indiana who do not
belong to the national guard.
(2) The national guard consists of those able-bodied citizens
between the proper ages as established by this article who may
be enrolled, organized, and mustered into the service of the
state as provided in this article. The organized militia of the
state constitutes and shall be known as the Indiana national
guard. 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 those
prescribed for the regular army and the regular air force. The forces
of the Indiana national guard shall be fully armed, uniformed,
organized, and equipped in accordance with the provisions of the
national military establishment regulations governing the regular
army 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. The
governor is, ex officio, the commander in chief.
(b) A commission may not be issued to any officer of the Indiana
national guard except to general officers until the officer has passed
a satisfactory examination before a board demonstrating:
(1) the officer's knowledge of military affairs proportionate to
the 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 a
commissioned officer of the national guard, army, or air force of the
United States.
(d) A person is not eligible for appointment to any staff (other
than the governor's honorary staff), corps, or department unless the
person has the technical training requisite to qualify for the
appointment, to be determined by an examining board appointed for
the 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 the
Indiana national guard unless the person:
(1) is temperate and of good moral character; and
(2) has successfully passed tests as to physical, mental, and
professional fitness as may be prescribed by the laws and
regulations applicable to the federally recognized national
guard.
(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 general
fitness for the service of any Indiana national guard officer may be
determined by an efficiency board of three (3) commissioned
officers, senior in rank to the officer whose fitness for service is
under investigation.
(b) The governor may convene the efficiency board. If the
findings 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 guard
may 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 the
public property or funds for which the officer is responsible may not
receive an honorable discharge or separation.
(d) Officers rendered surplus by the disbandment of their
organization or other causes shall be separated from the Indiana
national guard or placed in the inactive national guard at the
discretion 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 and
subscribe to the following oath, or other oath as may be required by
national guard regulations:
"I, ____________, do solemnly swear that I will support and
defend the Constitution of the United States and the Constitution of
the State of Indiana against all enemies, foreign and domestic; that
I will bear true faith and allegiance to the same; that I will obey the
orders of the President of the United States and the governor of the
state of Indiana, that I make this obligation freely, without any
mental reservation or purpose of evasion, and that I will well and
faithfully discharge the duties of the office of __________, in the
national 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 guard
is for the time prescribed by national guard regulations. The
qualifications for enlistment must be the same as those prescribed by
regulations for admission to the regular army or regular air force or
national guard regulations. However, the privilege of continuing the
active service during the whole of an enlistment period and of
reenlisting in the service may not be denied except as otherwise
provided.
(b) An enlisted person of the Indiana national guard shall sign an
enlistment contract and take and subscribe to the oath required by
national guard regulations.
(c) A federally recognized officer of the Indiana national guard
may administer the enlistment oath.
(d) The adjutant general may authorize officers of the services on
duty at armed forces entrance stations to administer the oath of
enlistment to an applicant presented to them by an authorized
representative of the Indiana national guard for enlistment in the
Indiana national guard. The state adjutant general's authorization
must 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 the
Indiana national guard shall receive a discharge in writing in the
form and with the classification prescribed by national guard
regulations. In time of peace, a discharge may be given before the
expiration 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 to
another state.
(5) For the purpose of enlisting in the United States Army, Air
Force, Navy, or Marine Corps.
(6) For other causes prescribed by national guard regulations or
the commander in chief.
However, an enlisted person who has not returned or accounted for
all of the public property for which the enlisted person is responsible
may 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 armed
forces 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 the
uniform code of military justice governing the armed forces of the
United States, the regulations, customs, and usage of the armed
forces 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 of
those federally recognized officers and persons placed in the inactive
national guard under the provisions of national guard regulations.
(b) The administration of the inactive national guard shall be in
accordance 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 by
resignation or otherwise, and upon application to the adjutant
general, be carried upon a roll to be established and maintained in the
office of the adjutant general. The roll shall be designated the
Indiana national guard retired list.
(b) The commissioned officer may wear, on occasion of
ceremony, the uniform of the highest rank held by the officer.
(c) An officer carried on the Indiana national guard retired list, if
qualified, is eligible for detail or appointment on the general staff or
the staff of any commander when not physically disqualified for
military duty. However, if an officer carried on the Indiana national
guard retired list is appointed to a staff position as described in this
section, the officer shall be recommissioned in the rank to which the
officer has been appointed. The officer shall hold this rank during the
time of the staff appointment unless the officer is promoted to a
higher rank.
(d) If the officer retires for a second time from active service, the
officer shall be entered on the Indiana national guard retired list with
the officer's highest rank.
(e) An officer whose name appears on the national guard retired
list is not entitled to receive any military pay or emolument from the
state during the time the officer remains on the national guard retired
list unless the officer is specifically assigned to duty on orders from
the governor. If the officer is assigned to duty on orders from the
governor, the officer is entitled only to the military pay and
allowance provided by law for officers of the rank to which
appointed. As added by P.L.2-2003, SEC.7.
