Title 44. Militia
§441. Short title.
This act shall be known, and may be cited as, "The Oklahoma Military Code."
Laws 1951, p. 114, art. 1, § 1, eff. May 16, 1951.
§442. Purpose.
The purpose of this act is to revise, amend, correct and bring up to date the statutes relating to the Military Department of Oklahoma, the Organized and Unorganized Militia, and the National Guard of Oklahoma, and as set forth in the title hereof.
Laws 1951, p. 114, art. 1, § 2, eff. May 16, 1951.
§443. Reference to repealed clauses.
When an act or law of the State of Oklahoma, not repealed herein, shall refer to any act or any section of any law which is repealed herein, such reference shall be deemed to refer to the section or sections of this act covering the same subject matter.
Laws 1951, p. 114, art. 1, § 4, eff. May 16, 1951.
§444. Partial invalidity.
If any clause, sentence, paragraph, provision, or part of this act be adjudged by any court of competent jurisdiction to be unconstitutional or otherwise invalid, such shall not affect, impair or invalidate the remainder thereof, but shall be confined to the clause, sentence, paragraph, provision, or section thereof directly involved in the controversy in which such judgment is rendered. The Legislature hereby declares that it intended separately to enact every sentence, part, clause, provision, and section of this act.
Laws 1951, p. 114, art. 1, § 5, eff. May 16, 1951.
§44-5. Repealed by Laws 1961, p. 288, § 1, eff. July 21, 1961.
§446. Honorary staff of the Governor.
The Governor may appoint an honorary staff to consist of such number of honorary aides with the brevet title of Colonel, Lieutenant Colonel or Major, as he may desire. All of these staff officers shall be appointed by the Governor and hold office at his will and their commissions shall expire with the term of office of the Governor making such appointment. Staff officers shall not be subject to jury duty during the period of their service. The Adjutant General shall be ex officio Chief of Staff.
Laws 1951, p. 114, art. 1, § 7, eff. May 16, 1951.
§4421. Military Department.
The Military Department of the State of Oklahoma is hereby established and shall be administered and controlled by the Governor as Commander in Chief, with the Adjutant General as the executive and administrative head thereof. The Military Department is hereby organized into separate departments for the Army National Guard and the Air National Guard, and there shall be assigned to each department such officers, enlisted men and employees as may be considered necessary by the Governor as Commander in Chief and as may be authorized by law and Army National Guard regulations and Air National Guard regulations.
Laws 1951, p. 114, art. 2, § 1, eff. May 16, 1951; Laws 1959, p. 195, § 1, eff. July 16, 1959.
§44-21.1. Personnel - Classified service - Special requirements for designated positions - Separation of employees in designated positions.
Personnel appointed as state employees in the Military Department shall be in the classified service of the state, except as otherwise provided by law, and shall be subject to the provisions of the Oklahoma Personnel Act concerning appointments, promotions, adverse actions, and all other personnel matters. However, the Adjutant General may establish a requirement for membership in the National Guard as a special requirement for appointment to, and continued employment in, certain positions in the classified service which require special military training, exercise of command authority, direct specified military programs, or perform other functions directly related to administration and training of the National Guard or the maintenance or repair of National Guard facilities, equipment, or supplies. Such designated positions shall include the specified military grade or grades authorized by the Adjutant General for appointment to the position and continued employment therein. An employee in a designated position who is separated from the National Guard or who does not hold the specified military grade for the position will be reclassified, promoted, demoted, transferred or separated in accordance with the provisions of the Oklahoma Personnel Act and the Merit Rules for Employment.
Laws 1990, c. 258, § 32, operative July 1, 1990.
§4422. Administration of military matters.
All matters concerning or relating to the Militia, the National Guard, or other military organizations, and such other duties as may be assigned by the Governor, shall be administered by and through the Military Department.
Laws 1951, p. 114, art. 2, § 2, eff. May 16, 1951.
§4423. Governor as Commander in Chief Powers Armed military forces from other state or territory Independent military organizations.
The Governor of the state shall be the Commander in Chief of the Militia, and as such shall have supreme command of the military forces of the state while in the service of the state or until they are ordered and accepted into the service of the United States. While in the service of the state, he shall have power to muster out any organization of the state, discharge enlisted men, as provided herein, and perform such other acts in keeping with the laws of the Commander in Chief, subject to the laws of the United States and regulations prescribed by the President of the United States. No armed military force from another state or territory shall be permitted to enter the state without his permission, unless such military force be a part of the United States, or is acting under the authority of the United States. No independent military organization, except as a corps of cadets at the educational institutions, shall be permitted to bear arms without first securing permission of the Commander in Chief.
Laws 1951, p. 114, art. 2, § 3, eff. May 16, 1951.
§44-24. Adjutant General - Eligibility - Appointment.
The Adjutant General shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall serve during the pleasure of the Governor. No person shall be eligible to hold the office of the Adjutant General of this state, unless, at the time of appointment, he or she is a federally recognized officer of the National Guard of Oklahoma, and of the National Guard of the United States, not below the rank of Colonel, and that the status as a federally recognized officer, both of the National Guard of Oklahoma and of the National Guard of the United States, shall have existed for at least three (3) years prior to the time of such appointment; or unless, within two (2) years prior to the time of the appointment, he or she has been a federally recognized officer of the National Guard of Oklahoma, and of the National Guard of the United States, not below the rank of Colonel, and that during military service he or she served for a period of three (3) years as a federally recognized officer, both of the National Guard of Oklahoma and of the National Guard of the United States; provided that if the National Guard of Oklahoma is in active federal service and no persons having the above qualifications are available within the state, then the Governor may appoint, subject to the advice and consent of the Senate, any suitably qualified person who at any time in the preceding ten (10) years would have been qualified, as above, and who has served at least two (2) years in active federal service in the grade of Colonel or higher.
Added by Laws 1951, p. 115, art. 2, § 4, emerg. eff. May 16, 1951. Amended by Laws 1971, c. 290, § 1; Laws 2006, c. 254, § 1, eff. July 1, 2006.
§4425. Rank of Adjutant General Assistants.
The Adjutant General shall have the rank of Major General and devote his full time to the duties of his office. The Governor may appoint an Assistant Adjutant General for Army and Assistant Adjutant General for Air to assist the Adjutant General in the discharge and performance of his duties. Such Assistant Adjutants General shall have the qualifications prescribed by law for the Adjutant General and shall have the rank of Brigadier General. The Adjutant General may appoint an employee to the position of Executive Assistant and Programs Manager for the Military Department of the state. Said position shall be unclassified and exempt from the rules and procedures of the Office of Personnel Management, except leave regulations.
Laws 1951, p. 115, art. 2, § 5, eff. May 16, 1951; Laws 1959, p. 195, § 2, eff. July 16, 1959; Laws 1990, c. 258, § 33, operative July 1, 1990.
§4426. Duties of the Adjutant General.
The Adjutant General shall be in control of the Military Department of the state, subordinate only to the Governor, whose military adviser he shall be. Within the limitations and under the provisions of law, he shall supervise and direct the National Guard within the service of the state and when under state control in all of its organization, training and other activities; shall receive and give effect to the orders of the Governor; and shall perform such other military and defense duties, not otherwise assigned by law, as the Governor may prescribe.
Laws 1951, p. 115, art. 2, § 6, eff. May 16, 1951; Laws 1959, p. 195, § 3, eff. July 16, 1959.
§4427. Compensation of personnel.
The Adjutant General and Assistant Adjutants General shall be paid a sum equivalent to the pay of his/her federally recognized rank, exclusive of allowances. Other officers and enlisted men and employees of the Department shall be paid in amounts fixed by the Adjutant General and within amounts appropriated for that purpose.
Laws 1951, p. 115, art. 2, § 7, eff. May 16, 1951; Laws 1990, c. 258, § 34, operative July 1, 1990.
§44-30. Creation - Duties.
There is hereby created the "Oklahoma Military Advisory Commission" to maintain a cooperative and constructive relationship between the State of Oklahoma, its agencies and departments and the commanding officers or their designees of certain military installations located in this state. The Commission shall identify, study and advise the Governor on issues of mutual concerns between the State of Oklahoma and said military installations, including changes in requirements and funding that could impact the State of Oklahoma, possible opportunities due to relocation of military installations, expansion and growth of military facilities in the State of Oklahoma and such other issues that the Governor may determine to be appropriate subjects of joint consideration.
Added by Laws 1993, c. 216, § 1, eff. Sept. 1, 1993.
§44-31. Membership - Terms of office - Vacancies.
A. The Oklahoma Military Advisory Commission shall be comprised of not more than twenty-one (21) members and shall include the following members:
1. The Adjutant General of Oklahoma;
2. Four members to be appointed by the Governor;
3. Three members to be appointed by the President Pro Tempore of the Oklahoma State Senate; and
4. Three members to be appointed by the Speaker of the Oklahoma House of Representatives.
B. Of those members initially appointed to the Commission by the Governor:
1. One appointee shall serve a term of two (2) years;
2. Two appointees shall serve a term of four (4) years; and
3. One appointee shall serve a term of six (6) years.
C. Of those members initially appointed to the Commission by the President Pro Tempore of the Oklahoma State Senate and the Speaker of the Oklahoma House of Representatives:
1. One appointee of each appointing authority shall serve a term of two (2) years;
2. One appointee of each appointing authority shall serve a term of four (4) years; and
3. One appointee of each appointing authority shall serve a term of six (6) years.
Thereafter, the appointed members shall serve for a term of six (6) years. Vacancies shall be filled in the same manner as the original appointments.
Added by Laws 1993, c. 216, § 2, eff. Sept. 1, 1993. Amended by Laws 1994, c. 94, § 1, eff. July 1, 1994; Laws 1998, c. 87, § 1, eff. July 1, 1998.
§44-32. Meetings - Election of officers - Quorum - Representatives of certain military installations.
A. The Oklahoma Military Advisory Commission shall hold a regular annual meeting at which time it shall elect from its membership a chairperson and a vice-chairperson. Other regular meetings shall be held at such times as the rules of the Commission may provide. Special meetings may be held at such times as may be deemed necessary or advisable by a majority of the Commission members. At least one (1) week's notice of all meetings shall be given in a manner prescribed by the rules of the Commission.
B. To constitute a quorum for conducting official business a majority of the Commission members must be present.
C. Any meetings held by the Commission shall be subject to the provisions of the Oklahoma Open Meeting Act, Section 301 et seq. of Title 25 of the Oklahoma Statutes, and the Oklahoma Open Records Act, Section 24A.1 et seq. of Title 51 of the Oklahoma Statutes.
D. The Commanding Officer at each of the following military installations or designee shall be invited to attend and participate at meetings of the Oklahoma Military Advisory Commission:
1. Tinker Air Force Base at Midwest City, Oklahoma;
2. Vance Air Force Base at Enid, Oklahoma;
3. Altus Air Force Base at Altus, Oklahoma;
4. United States Army Field Artillery Center and Fort Sill at Lawton, Oklahoma;
5. 95th Division (Training) at Midwest City, Oklahoma; and
6. McAlester Army Ammunition Plant at McAlester, Oklahoma.
Added by Laws 1993, c. 216, § 3, eff. Sept. 1, 1993. Amended by Laws 1998, c. 87, § 2, eff. July 1, 1998.
§4441. Composition of Militia Classes.
The Militia of the State of Oklahoma shall consist of all ablebodied citizens of the United States and all other ablebodied persons who shall be or shall have declared their intentions to become citizens of the United States, who shall be more than seventeen (17) years of age and not more than seventy (70) years of age, and said militia shall be divided into three (3) classes: The National Guard, the Oklahoma State Guard, and the Unorganized Militia.
Laws 1951, p. 115, art. 3, § 1, eff. May 16, 1951; Laws 1957, p. 422, § 1, eff. May 24, 1957; Laws 1968, c. 299, § 1, emerg. eff. May 3, 1968; Laws 1981, c. 136, § 1; Laws 1985, c. 96, § 1, eff. Nov. 1, 1985.
§4442. Organization.
The National Guard of this state shall consist of such detachments, companies, batteries, battalions, regiments, divisions, squadrons, or other type units as the Governor may, from time to time, authorize to be formed, all to be organized in accordance with the regulations and laws governing the National Guard.
Laws 1951, p. 115, art. 3, § 2, eff. May 16, 1951.
§4443. Eligibility as commissioned officers Qualifications.
No person shall be commissioned as an officer of the National Guard who is under the age of eighteen (18) years and is not temperate and of good morals, and unless he shall have successfully passed such tests as to his physical, mental, and professional fitness as may be prescribed by the laws and regulations applicable to the federally recognized National Guard. In the selection and appointment of commissioned officers, preference shall be given to persons with prior active military service, enlisted men of the National Guard, and graduates of schools wherein Military Science is taught.
Laws 1951, p. 115, art. 3, § 3, eff. May 16, 1951; Laws 1963, c. 35, § 1, emerg. eff. April 4, 1963.
§4444. Determination of character, capacity and fitness of officers, discharge when findings unfavorable Vacating commissions Failure to return property or account for funds Elimination of officers.
At any time, the moral character, capacity, and general fitness for the service of any 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 shall be under investigation, such board to be convened by the Governor, and if the findings of such board shall be unfavorable to such officer and be approved by the Governor, he shall be discharged. Commissions of officers in the National Guard may be vacated upon resignation, absence without leave for three (3) months, upon the recommendation of an efficiency board, or pursuant to a sentence of a courtmartial; provided, that an officer who has not returned or accounted for all the public property or accounted for funds for which he is responsible, shall under no circumstances receive an honorable discharge. Officers rendered surplus by the disbandment of their organization, or other causes, shall be discharged from the National Guard or placed in the Inactive National Guard at the discretion of the Commander in Chief.
Laws 1951, p. 116, art. 3, § 4, eff. May 16, 1951.
§4445. Oath of commissioned officers.
Oath for National Guard Officers. Each commissioned officer, before entering upon the duties of his office, shall take and subscribe to the following oath, or such 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 Oklahoma 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 Oklahoma; 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 United States and the State of Oklahoma upon which I am about to enter, so help me God."
Laws 1951, p. 116, art. 3, § 5, eff. May 16, 1951.
§44-46. Repealed by Laws 1999, c. 49, § 2, eff. July 1, 1999.
§4447. Period of enlistment Qualifications Reenlistment Oath Relinquishment of custody of minor child.
A. Enlistments in the National Guard. Hereafter, the period of enlistment in the National Guard of this state shall be for three (3) years or such other time as prescribed by National Guard regulations, and the qualifications for enlistment shall be the same as those prescribed for admission to the Regular Army or Regular Air Force or National Guard regulations; provided that the privilege of continuing in active service during the whole of an enlistment period and of reenlisting in the said service shall not be denied except as herein otherwise provided. Unless otherwise prohibited by federal law or by Department of Army, Department of Air Force or National Guard Bureau regulations, enlisted members and prospective members of the Oklahoma Army and Air National Guard who have successfully completed the requirements for and have obtained a General Education Diploma (G.E.D.) shall be awarded a high school diploma by the State of Oklahoma. The State Department of Education shall issue this high school diploma. Such diploma shall be limited to the purposes of enlistment and admission in the National Guard pursuant to the provisions of this section. Such purpose shall be specified on the high school diploma. All enlisted men of the National Guard of this state shall sign an enlistment contract and take and subscribe to the oath required by National Guard regulations. Any officer or warrant officer of the Armed Forces of the United States may administer the enlistment oath.
B. 1. By complying with this subsection, a single custodial parent who is an applicant for enlistment in the Oklahoma National Guard satisfies the requirements of National Guard Regulation 600200 or Air National Guard Regulation 3909 regarding the placement of the physical custody of a minor child with an adult blood relative of the child within the third degree of consanguinity for all periods of active duty during the term of enlistment. A document placing the physical custody of a child pursuant to this subsection shall:
a. be in writing,
b. clearly identify the child, the person with whom physical custody is being placed, that person's relationship to the child, and the period of enlistment for which physical custody is to be placed,
c. be executed by the parent/applicant before a notary public, and
d. clearly state that it is for all purposes, including health care, during the periods of time in question.
2. A certified copy or executed copy of the document required by this subsection shall become a part of the applicant's permanent Oklahoma National Guard file.
3. Nothing in this section shall terminate, interfere, delay or negate any right of visitation by the noncustodial parent, or any person granted visitation by court order.
4. It is the intent of the Legislature that the placement of physical custody of a child pursuant to the provisions of this section shall not be a substantial change to any existing custody decree nor shall it be deemed a voluntary permanent relinquishment of custody.
Added by Laws 1951, p. 116, art. 3, § 7, eff. May 16, 1951. Amended by Laws 1981, c. 137, § 1, eff. Oct. 1, 1981; Laws 1988, c. 318, § 3, emerg. eff. July 6, 1988; Laws 1993, c. 121, § 1, emerg. eff. April 29, 1993; Laws 1998, c. 415, § 48, emerg. eff. June 11, 1998.
§4448. Discharge of enlisted men.
Enlisted men discharged from service in the National Guard of this state shall receive a discharge in writing in such form and with such classification as is or shall be prescribed by National Guard regulations, and in time of peace discharges may be given prior to the expiration of terms of enlistment in the following cases:
By sentence of a general courtmartial; by direction of the Governor on account of disability; on account of sentence of imprisonment by a civil court whether suspended or not; on account of a bona fide permanent change of residence to another state; and for the purpose of enlisting in regular Army, Air Force, Navy, or Marine Corps, and for such other causes as may be prescribed by National Guard regulations or the Commander in Chief; provided, that an enlisted man who has not returned or accounted for all of the public property for which he is responsible, shall under no circumstances receive an honorable discharge.
Laws 1951, p. 116, art. 3, § 8, eff. May 16, 1951.
§4449. Application of Army customs Regulations and usage.
All matters relating to organization, commissioning and discharging of officers, enlisting and discharge of enlisted men, discipline, and government of the National Guard, not otherwise provided in this code, shall be decided by the customs, regulations, and usage of the United States Army or the United States Air Force or National Guard regulations.
Laws 1951, p. 117, art. 3, § 9, eff. May 16, 1951.
§4450. Inactive National Guard.
The Inactive National Guard of this state shall consist of such federally recognized officers and men as may be placed therein under the provisions of and in accordance with pertinent National Guard regulations. The administration of the Inactive National Guard shall be in accordance with applicable National Guard regulations.
Laws 1951, p. 117, art. 3, § 10, eff. May 16, 1951.
§4471. Drills, target practice, encampments and maneuvers Duty to attend Refusal of employer to permit attendance Drills, exercises, etc.
Each detachment and unit in the National Guard shall assemble for drill and instruction, including indoor target practice, not less than fortyeight (48) times each year, and shall, in addition thereto, participate in encampments, maneuvers, or other exercises, including outdoor target practice, at least fifteen (15) days in training each year, including target practice, unless such unit or detachment shall have been excused from any participation in any part thereof by the Governor. It shall be the duty of each commissioned officer and enlisted man or airman of the Oklahoma National Guard to be present and perform all the duties required of him at each assembly for drill and instruction, encampment, maneuvers or other exercises, unless regularly excused by competent authority. Any employer who refuses to permit an employee who may be a member of the National Guard of this state to attend any drill, ceremony, exercise, or any duty which he may be legally called upon to perform shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), or by imprisonment for not less than ten (10) days, nor more than sixty (60) days in the county jail, or by both such fine and imprisonment.
Laws 1951, p. 117, art. 4, § 1, eff. May 16, 1951.
§4472. Ordering into active service.
It shall be the duty of the Governor and he is authorized and required, in case of war, invasion, insurrection, or breach of the peace or imminent danger thereof or any forcible obstructing of the execution of the laws or reasonable apprehension thereof, and at all other times he may deem necessary to order on state duty the National Guard or any part thereof. No member thereof who shall be ordered out for such duty shall be liable for civil prosecution for any act done by him in the discharge of his military duty on such occasion, and when the President of the United States shall make a call, order, or requisition for troops, the Governor shall first order into the service of the United States the organizations and arms of the service specified in said requisition.
Laws 1951, p. 117, art. 4, § 2, eff. May 16, 1951.
§4473. Local commanding officer Order into service in emergency.
In the event of insurrection, rebellion, invasion, tumult, riot, resistance to law or process or breach of the peace, occurring in the vicinity of the station of any organization or organizations of the National Guard of Oklahoma whenever the exigencies of the situation are such as to render it impossible first to communicate with the Governor or the Adjutant General, the senior commanding officer of that station, upon request in writing signed by the sheriff of the county involved or officer acting in his stead, stating the facts and the nature of the service desired, may order out the organization or organizations at that station, or such portion thereof as he shall deem necessary, and cause them to perform such duty as the circumstances shall require, and such commanding officers shall immediately report what he has done and all of the circumstances of the case to the Governor, and it shall be deemed that the action was taken by order of the Governor.
Laws 1951, p. 117, art. 4, § 3, eff. May 16, 1951.
§44-74. Pay and allowances of officers and enlisted men and women.
Officers and enlisted men and women while in active service of the state shall receive the same pay as paid for the same rank or grade for service in the Army or Air Force of the United States. Officers and enlisted men and women while in active service of the state shall receive the same allowances as paid for the same rank or grade of service in the Army or Air Force of the United States, unless the State of Oklahoma provides lodging quarters and meals for those personnel.
Added by Laws 1951, p. 118, art. 4, § 4, eff. May 16, 1951. Amended by Laws 1999, c. 49, § 1, eff. July 1, 1999.
§4475. Hospital and medical treatment.
Officers and/or enlisted men who suffer injuries or contract disease, in line of duty, while on duty or in active service, shall receive hospitalization and medical treatment, and the pay and allowances of their grade during the period that they are unable to resume their civilian occupation; but no commissioned officer shall be paid after the termination of said service or duty more than the pay and allowances of a Second Lieutenant.
All payments herein provided for shall be paid on the approval of the Adjutant General by warrant drawn against the funds appropriated for that purpose in the Military Department or other funds made available.
In the event of compensation for said service, death or injuries, being paid in part by the federal government, the state shall pay only the balance necessary to make the above designated amounts.
Laws 1951, p. 118, art. 4, § 5, eff. May 16, 1951.
§44-77. State funding for insurance premiums.
The Adjutant General is hereby authorized to expend state funds specifically appropriated by the Legislature for payment/reimbursement of insurance premiums to provide coverage up to the amount of Two Hundred Fifty Thousand Dollars ($250,000.00) under Serviceman’s Group Life Insurance (SGLI) or State Sponsored Life Insurance (SSLI) for the military members of the Oklahoma Army and Air National Guard. Qualification for this insurance benefit is limited to military members of the Oklahoma Army and Air National Guard who are in good standing in their unit and satisfactorily performing all required training.
Added by Laws 2005, c. 240, § 1, emerg. eff. June 2, 2005.
§44-91. Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.
§44-92. Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.
§44-93. Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.
§44-94. Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.
§44-95. Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.
§44-96. Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.
§44-97. Repealed by Laws 1963, c. 148, § 1114, eff. June 6, 1963.
§44111. Public property Liability of commanding officer Liability of person responsible for loss, damage or destruction Apprehension and prosecution of persons absconding.
(a) The officer in permanent or temporary command of a station is responsible for the security of all public property of the command, whether in use or in store, and although for purposes of periodical accountability to general headquarters, it may all have been officially accepted and receipted for by subordinate officers, the commanding officer is nevertheless responsible and pecuniarily liable with them for the strict observance of the regulations in regard to its preservation, use and issue. He will take care that all storehouses are properly guarded, that only reliable agents are employed, and only trustworthy enlisted men are detailed for duty in them or in connection with the property.
(b) A company or detachment commander is responsible for all public property pertaining to his company or detachment and will not transfer his accountability therefor to a successor during periods of absence of less than thirty (30) days, unless ordered by competent authority, when such absence exceeds thirty (30) days, the question of responsibility is settled by the proper authority.
(c) The officer in temporary or permanent command of a company or detachment is responsible for all public property used by, or in possession of the command, whether he receipts for it or not.
(d) The property responsibility of a company commander cannot be transferred to enlisted men. It is his duty to attend personally to its security, and to superintend issue himself, or cause to be superintended by a commissioned officer.
(e) A transfer of public property involves a change of possession and accountability. The transferring officer will furnish the receiving officer with invoices, in duplicate, accurately enumerating the property and the latter will return duplicate receipts. The transaction will appear on the property returns rendered by such.
(f) The giving or taking of receipts in blank for public property is prohibited. Officers are cautioned against the signing of receipts for property without an actual physical count of such property. A relief at some future time for a shortage caused by failure to exercise such precaution will not be favorably considered.
(g) An officer in charge of public property in use or in store will endeavor by timely repairs to keep it in serviceable condition.
(h) Officers responsible for property will be charged for any damage to or loss or destruction of the same, unless they show to the satisfaction of the Adjutant General, by proper evidence, that the damage, loss, or destruction was occasioned by unavoidable causes, and without fault or neglect on their part.
(i) If an article of public property be lost or damaged by the neglect or fault of any officer or soldier, he shall be subject to pay for the value thereof or the cost of repairs, in a sum to be determined by the proper authority, upon the demand of the Adjutant General.
(j) The amount charged against an enlisted man on the muster and payrolls on account of loss or damage to, or repairs to military property shall not exceed the value of the article or cost of repairs; and such charge will only be made on conclusive proof, and never without an inquiry if the soldier demands it.
(k) The Adjutant General is authorized to pay from the funds appropriated to the Military Department for operating expenses the expenses necessary for the apprehension and prosecution of any person absconding with property belonging either to the state or United States; provided, such person is without the confines of this state.
Laws 1951, p. 121, art. 6, § 1, eff. May 16, 1951.
§44112. Suits for recovery of property.
Suits for the recovery of any property mentioned in this code or for the value thereof of damages thereto, may be brought in any court of competent jurisdiction in this state in the name of the State of Oklahoma, and the Attorney General of the state is directed to file such suits, upon the request of the Adjutant General, for the recovery of such property as he (the Attorney General) may deem advisable.
Laws 1951, p. 122, art. 6, § 2, eff. May 16, 1951.
§44113. Seizure and report of property illegally possessed, etc.
Officers must report illegal disposition of property. All civil peace officers, all commissioned and noncommissioned officers of the National Guard are enjoined to seize immediately all military property found in the possession of any person who is not the legal custodian or owner of said property, or from any person who shall secrete, sell, dispose of, offer for sale, purchase, or retain said military property after demand has been made upon said person or persons for the return of said military property, and said civil peace officers, commissioned and noncommissioned officers of the National Guard shall make due report of his action to the Adjutant General of the state.
Laws 1951, p. 122, art. 6, § 3, eff. May 16, 1951.
§44114. Accounts Settlement.
Settlement of Accounts. No bills or accounts shall be made by any officer or enlisted man with a view of their being paid by the State of Oklahoma unless such expenditure is expressly authorized by the laws of this state or is authorized by the Adjutant General. No accounts will be paid unless they are accompanied by vouchers or receipts showing by whomever paid, or are to be paid, to whom paid, date of service, authority for, and amount of such expenditure, and for what purpose the expenditure was made.
Laws 1951, p. 122, art. 6, § 4, eff. May 16, 1951.
§44115. Bond of officers accountable for or receiving military property.
Each officer to whom there shall be issued, or who shall be accountable for arms, equipment, uniform, and any other state or United States property for military uses, or who shall have the control, custody, or disbursement of funds as provided for in this code shall, before the delivery to him of such arms, equipment, uniform, and other state or United States property, and the receipt of such funds, execute and deliver to the Adjutant General a surety bond therefor, with sureties to be approved by the Governor, and payable to the state, in such amount as may be fixed by the Governor, conditioned for the proper care, use and return in good order, wear, use and unavoidable loss and damage excepted, of all such state and United States property, and the proper care and faithful disbursement and accounting of all funds coming into the hands of such officer. Upon the violation of any of the conditions of such bond, action thereon shall be brought by the Attorney General on behalf of the state, and any recovery thereon shall be credited to the Guard Funds of the state. It shall be the duty of the Attorney General of the state to prosecute all actions upon such bonds.
Laws 1951, p. 122, art. 6, § 5, eff. May 16, 1951.
§44116. Accounting by officer before receiving payments.
No further payment shall be made under any provision of this code to the accountable officer of any organization or unit who does not fully and satisfactorily account to the Adjutant General for all monies, theretofore paid, or property issued, to him under any provision of this code.
Laws 1951, p. 123, art. 6, § 6, eff. May 16, 1951.
§44117. Issue and use of property.
Federal property loaned to the state for use of the National Guard or other purposes will be issued and accounted for in the manner prescribed by National Guard regulations or other pertinent federal directives. State property will be issued and accounted for in the manner prescribed by the Governor and/or state laws. All public property shall be used in the manner and for the purposes intended in the public service and shall not be used by any individual for his personal benefit, pleasure, or gain.
Laws 1951, p. 123, art. 6, § 7, eff. May 16, 1951.
§44-141. Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.
§44-142. Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.
§44-143. Repealed by Laws 1937, p. 109, § 2, eff. March 31, 1937.
§44-144. Repealed by Laws 1937, p. 109, § 2, eff. March 31, 1937.
§44-145. Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.
§44-146. Repealed by Laws 1937, p. 109, § 2, eff. March 31, 1937.
§44-147. Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.
§44-148. Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.
§44-149. Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.
§44-150. Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.
§44-151. Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.
§44-152. Repealed by Laws 1941, p. 464, § 6, eff. June 7, 1941.
§44-153. Repealed by Laws 1937, p. 109, § 2, eff. March 31, 1937.
§44-154. Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.
§44-155. Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.
§44-156. Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.
§44-157. Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.
§44-158. Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.
§44-159. Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.
§44-160. Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.
§44-161. Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.
§44-162. Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.
§44-163. Repealed by Laws 1951, p. 114, art. 1, § 3, eff. May 16, 1951.
§44-191. Repealed by Laws 1970, c. 99, § 3, eff. March 30, 1970.
§44192. Character and design Selection by Board of Officers.
The medals and decorations provided for in this act shall be of a character and design which shall be decided upon and approved by a Board of Officers of the federally recognized Oklahoma National Guard selected by the Adjutant General by order of the Governor, the duty of which Board shall be to select proper and appropriate designs for medals and ribbons and symbols which will reflect the history and traditions of the State of Oklahoma.
Laws 1933, c. 194, p. 426, § 2, eff. July 21, 1933.
§44193. General orders to carry out act Rules and regulations.
The Governor through the Military Department shall publish such general orders as may be necessary to carry out the provisions of this act and to prescribe the rules and procedure by which recommendation or application shall be made for any of the awards and decorations herein created and established, and for the method and manner of approving such recommendations and applications and the making of awards thereon.
Laws 1933, c. 194, p. 426, § 3, eff. July 21, 1933.
§44195.1. Citation.
This act shall be known as the Awards and Decorations Act of 1961.
Laws 1961, p. 290, § 1, eff. June 7, 1961.
§44195.2. Definitions.
For the purpose of, and when used in this act:
(a) The term "Governor" means the Governor of the State of Oklahoma.
(b) The term "Adjutant General" means the Adjutant General of the State of Oklahoma.
(c) The term "Oklahoma National Guard" means the Army National Guard and the Air National Guard of the State of Oklahoma.
Laws 1961, p. 290, § 2, eff. June 7, 1961; Laws 1986, c. 296, § 4, eff. July 1, 1986.
§44195.3. Purpose.
The purpose of the act is to establish awards and decorations for the appropriate recognition of officers, warrant officers, and enlisted personnel of the Oklahoma National Guard so that outstanding and exceptional service to the Oklahoma National Guard and to the State of Oklahoma may be appropriately recognized and brought to the attention of the general public.
Laws 1961, p. 290, § 3, eff. June 7, 1961.
§44195.4. Duties of Adjutant General.
(a) The Adjutant General, shall have the following duties:
(1) Establish orderly procedures for the carrying out of the intent and purpose of this act.
(2) Design and submit to the Governor for approval, the decorations and medals herein established and not heretofore provided by law.
(3) Make recommendations to the Governor as to the disposition of all proposed citations, such recommendations to include: (A) Approve. (B) Rewrite and approval. (C) Rewrite and approval of a higher or a lesser award. (D) Disapproval.
Laws 1961, p. 290, § 4, eff. June 7, 1941; Laws 1985, c. 178, § 20, operative July 1, 1985; Laws 1986, c. 296, § 5, eff. July 1, 1986.
§44-195.5. Awards and decorations established.
The following awards and decorations are hereby created and established and shall be bestowed upon the federally recognized officers, warrant officers, and enlisted personnel of the Oklahoma National Guard under the conditions and in the manner provided in this act.
(a) An Oklahoma Distinguished Service Cross which may be awarded to any eligible person who shall perform at great personal danger and risk of life or limb in the line of military duty any act of heroism designed to protect life or property or who while on active state duty during a period of martial law shall perform such acts over and beyond the call of duty which act, danger or risk he or she could have failed to perform or incur without being subject to censure for neglect of duty.
(b) An Oklahoma Distinguished Service Medal which may be awarded to any eligible person who, as a member of the Oklahoma National Guard, shall perform unusually distinguished and meritorious service which to a marked degree is reflected in the increased efficiency and growth of the Oklahoma National Guard or which brings exceptional honor and credit to the Oklahoma National Guard and commands the attention and respect of the citizens of the state and of members of the military establishment of the United States.
(c) An Oklahoma Meritorious Service Medal may be awarded to any eligible person who, while as a member of the Oklahoma National Guard, shall perform outstanding meritorious service which to a marked degree is reflected in the increased efficiency and growth of that branch of the Oklahoma National Guard to which he or she belongs or which brings credit to the Oklahoma National Guard over and above that which would occur by reason of the superior performance of assigned duties.
(d) An Oklahoma Guardsman Medal which may be awarded to any eligible person who, as a member of the National Guard having more than fifteen (15) years total service, has contributed to the efficiency and growth of the Oklahoma National Guard by an unusually high character of performance of duty and, by the contribution of extra time and effort, has made himself or herself known as an outstanding member of the Oklahoma National Guard.
(e) The Long Service Medal shall be awarded for honest and faithful service in the Oklahoma National Guard for a period of five (5) years. Ribbons to accompany the medal will be awarded for periods of five (5) years, ten (10) years, fifteen (15) years, twenty (20) years, twentyfive (25) years and longer periods. Symbols denoting one (1) additional year may be worn on each ribbon until the recipient shall be entitled to the next ribbon. Only the latest awarded Long Service Ribbon may be worn.
(f) At the discretion of the Adjutant General, an Oklahoma Recruiting Medal may be awarded to any member of the Oklahoma National Guard who, in any one calendar year, is personally and solely responsible for obtaining five accessions to the strength of the Oklahoma National Guard. The basic medal shall be awarded to the individual for the first award and numeral, to be affixed to the ribbon awarded with the basic medal, denoting second, third, fourth and fifth awards, for a maximum of five awards per individual recruiter, shall be issued to denote succeeding awards.
(g) An Oklahoma Star of Valor Medal may be awarded to any eligible person who, while a member of the Oklahoma National Guard, performs an act of heroism involving voluntary risk of life or limb designed to protect the life of another person under conditions other than those of conflict with an armed enemy, the saving of a life or the success of the act not being essential.
(h) An Oklahoma Commendation Medal may be awarded to any eligible person who, as a member of the Oklahoma National Guard, influenced the success and recognition of that branch of the Oklahoma National Guard to which he or she belongs through performance of conspicuous military duty, distinct achievement, or an act of courage.
(i) An Oklahoma Exceptional Service Medal may be awarded to a present or former employee of the Oklahoma Military Department who has contributed to the efficiency and improvement of the Oklahoma National Guard through sustained loyal and dedicated service, demonstration of outstanding ability, or a specific noteworthy accomplishment, with subsequent awards being denoted by numeral devices affixed thereto.
(j) An Oklahoma Good Conduct Ribbon may be awarded to any member of the Oklahoma National Guard for exemplary behavior, efficiency, and fidelity while performing a continuous year of military service in an enlisted status, subsequent to enactment. A conviction by civil court, a courtmartial, or a total of more than six minor traffic violations during the period considered for the award will negate the creditability of the period. Subsequent awards may be denoted by numeral devices affixed to the ribbon to signify the cumulative number of years of qualifying service.
(k) The Governor's Distinguished Unit Award shall be awarded annually to the outstanding Army and Air National Guard unit, selected by committees appointed by the Adjutant General, such units to be presented the Governor's Trophy, Army, and the Governor's Trophy, Air, respectively. The Governor's Trophy shall be designated "a traveling trophy", with miniatures thereof being awarded each winning unit for permanent possession. Membership in units awarded the distinguished unit award during period covered by the selection process shall entitle individual guardsmen to wear the Distinguished Unit Emblem on appropriate uniforms during their tenure in the Oklahoma National Guard, and subsequent awards may be denoted by numeral devices affixed thereto.
(l) A One Hundred Percent Drill Attendance Badge may be awarded to enlisted members of the Oklahoma National Guard who attended one hundred percent (100%) of the regularly scheduled drills of the unit to which assigned and a minimum of fifteen (15) days field training during a period of one (1) year. Credit will be given for constructive attendance and authorized makeup drills. Year bars to be attached to the badge will be awarded for each qualifying subsequent year.
(m) An Oklahoma Active Duty Service Medal may be awarded to any eligible person who was a member of the Oklahoma National Guard on state active duty for state disaster or civil disturbance for a period of time of not less than twentyfour (24) hours and who has contributed to the success and recognition of his/her unit during their state mission, with subsequent awards being denoted by numeral devices affixed thereto.
(n) The Selected Reserve Force Medal may be awarded to any individual who served honorably as a member of an Oklahoma National Guard unit designated as a Selected Reserve Force (SRF) by the Department of the Army. Service must have been for a minimum of twelve (12) months, beginning October 1, 1965, during the period through January 31, 1968, the units so designated in the Oklahoma Army National Guard were HQ & HQ Co. 3rd Bde, 45th Inf Div; 2nd Bn 179th Inf; 2nd Bn 180th Inf; 2nd Bn 279th Inf and 1st Bn 160th FA.
(o) The Oklahoma Officer Candidate School Hall of Fame award may be awarded to any graduate of the Oklahoma National Guard State Officer Candidate School who is distinguished in military and civilian pursuits and public service activities. The award may be made to graduates who are current or former members of the Oklahoma National Guard or the U.S. Army Reserve.
(p) The Oklahoma Adjutant General's Award may be awarded to recognize the outstanding service of any retiring member of the Oklahoma National Guard or Military Department employee who is distinguished in military and civilian pursuits and public service activities. The award may be made to either full-time or part-time members of the Oklahoma National Guard and to nonuniformed employees of the Oklahoma Military Department.
(q) The Oklahoma Desert Storm Service Medal and Ribbon may be awarded to any member of the Oklahoma National Guard who was called into active federal service during the Persian Gulf Crisis. It is not necessary that the member actually served in Saudi Arabia, but rather was called into active federal service for the Desert Storm operation and served honorably for a period of at least thirty (30) consecutive days during the period August 1, 1990, to the conclusion of the operation as determined by the Department of Defense.
(r) The Oklahoma Alfred P. Murrah Service Medal may be awarded to any member of the Oklahoma National Guard, to nonuniformed employees of the Oklahoma Military Department and to other persons deemed appropriate by the Adjutant General who served in support of disaster relief operations in Oklahoma City, Oklahoma, following the April 19, 1995, bombing of the Alfred P. Murrah Federal Building.
(s) The Adjutant General's Staff Identification Badge may be awarded to an individual serving as a member of the coordinating staff in the State Headquarters of the Oklahoma Army National Guard in a position designated as General Staff With Troops (GSWT). The policy of the Military Department of this state shall determine the eligibility for the awarding and wearing of the badge as specified