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MILITIA

M.G.L. pt. Part I, tit. Title V, ch. c. 33
in effect

M.G.L. c. 33, § 1 Definitions

c. 33, § 1. Definitions Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Commander-in-chief'', the governor of the commonwealth. ''Enlisted person'', a member, other than a commissioned officer or a warrant officer, in the military forces of the commonwealth. ''Military custodian'', the senior military officer in command of troops stationed in an armory or air installation unless otherwise designated by the commander-in-chief. ''Military forces of the commonwealth'', shall include the organized militia, as defined in section 4, and members of the unorganized militia, as defined in section 3, if drafted or accepted as volunteers under sections 55 and 56. ''Noncommissioned officer'', an enlisted person serving at a rank of corporal through command sergeant major in the army national guard or staff sergeant through command chief master sergeant in the air national guard. ''Officer'', a commissioned officer or a warrant officer in the military forces of the commonwealth. ''Organization'', a command composed of 2 or more units. ''Unit'', shall include headquarters, detachment, company, battery, troop and equivalent air unit and such other elements as may be determined by the commander-in-chief to come under such designation.

M.G.L. c. 33, § 2 Membership

c. 33, § 2. Membership Section 2. The militia of the commonwealth shall consist of: (i) all able-bodied citizens and all other able-bodied persons who have declared their intention to become citizens of the United States, between the ages of 18 and 65, and who are residents of the commonwealth; and (ii) such other persons who, upon their own application, enlist or are commissioned pursuant to this chapter, subject to exemptions created by law.

M.G.L. c. 33, § 3 Organized and unorganized militia

c. 33, § 3. Organized and unorganized militia Section 3. The militia shall consist of two classes, namely, the organized militia, composed and organized as provided in this chapter, and the remainder, to be known as the unorganized militia. The unorganized militia shall not be subject to duty except in case of war, actual or threatened, invasion, the prevention of invasion, threats to homeland security and the assisting of civil officers in the execution of the laws.

M.G.L. c. 33, § 4 Organized militia, composition

c. 33, § 4. Organized militia, composition Section 4. The active or organized militia shall be composed of volunteers, and shall comprise the aides-de-camp of the commander-in-chief, the state staff, the armed forces of the commonwealth, as defined in section 10, the National Lancers, the 54th Massachusetts Volunteer Regiment and the retired list. The organized militia shall constitute the military division of the executive branch of the commonwealth.

M.G.L. c. 33, § 4A National Lancers; organization

c. 33, § 4A. National Lancers; organization Section 4A. The National Lancers shall be organized as the commander-in-chief directs and may retain their name and the right to wear distinctive uniforms; provided, however, that such uniforms shall be approved by the commander-in-chief. The National Lancers may retain their methods of selecting their officers and conducting their internal affairs consistent with the laws of the commonwealth and the laws of the United States. The National Lancers may use land and stable facilities belonging to the commonwealth for their activities, equipment and exercises, without charge, and may receive from the commonwealth, its departments, divisions or bureaus or the federal government, without charge, any surplus equipment, goods or other materials, as are available, provided that such equipment, goods and materials shall remain the property of the commonwealth and shall be accounted for as such.

M.G.L. c. 33, § 4B The 54th Massachusetts Volunteer Regiment; organization

c. 33, § 4B. The 54th Massachusetts Volunteer Regiment; organization Section 4B. The 54th Massachusetts Volunteer Regiment shall be organized as the commander-in-chief directs and may retain their name and the right to wear distinctive uniforms; provided, however, that such uniforms shall be provided by the adjutant general. The 54th Massachusetts Volunteer Regiment may retain their methods of selecting officers and conducting their internal affairs consistent with the laws of the commonwealth and of the United States. The 54th Massachusetts Volunteer Regiment may use land and facilities belonging to the commonwealth for their activities, equipment and exercises, without charge, and may receive from the commonwealth, its departments, divisions or bureaus or the federal government without charge, any surplus equipment, goods or other materials, as are available; provided, that such equipment, goods or other materials shall remain the property of the commonwealth and shall be accounted for as such.

M.G.L. c. 33, § 5 Powers of commander-in-chief; regulations

c. 33, § 5. Powers of commander-in-chief; regulations Section 5. The commander-in-chief may make and publish regulations for the government of the organized militia in accordance with law.

M.G.L. c. 33, § 6 Powers of commander-in-chief; increase in forces

c. 33, § 6. Powers of commander-in-chief; increase in forces Section 6. The commander-in-chief may raise volunteer units when they are needed to maintain the military forces of the commonwealth at the strength and of the composition required or permitted by law.

M.G.L. c. 33, § 6A Powers of commander-in-chief; delegation of authority

c. 33, § 6A. Powers of commander-in-chief; delegation of authority Section 6A. The commander-in-chief may delegate the commander-in-chief's authority under this chapter to the adjutant general, unless otherwise prohibited by law.

M.G.L. c. 33, § 7 Powers of commander-in-chief; name and location of units; rank of personnel

c. 33, § 7. Powers of commander-in-chief; name and location of units; rank of personnel Section 7. The commander-in-chief may prescribe in orders the organization of the military forces of the commonwealth, the designation and location of all units, and the numbers, titles, grades and duties of all officers and enlisted persons as he deems the interest of the service demands: provided, that the organization shall not conflict with the laws of the United States relating to the armed forces.

M.G.L. c. 33, § 9 Powers of commander-in-chief; disposition of inefficient units

c. 33, § 9. Powers of commander-in-chief; disposition of inefficient units Section 9. The commander-in-chief may, subject to the laws of the United States, disband any unit of the organized militia falling below the prescribed strength or standard of efficiency.

M.G.L. c. 33, § 10 Armed forces of commonwealth; composition

c. 33, § 10. Armed forces of commonwealth; composition Section 10. The armed forces of the commonwealth shall consist of the active drilling national guard, army and air, the inactive national guard, army and air, and, whenever necessary, a state defense force or similar organization composed as the commander-in-chief may prescribe.

M.G.L. c. 33, § 11 National guard; composition

c. 33, § 11. National guard; composition Section 11. The national guard, army or air, shall consist of such organizations and units as the commander-in-chief may authorize to be formed, all to be organized in accordance with the laws of the United States affecting the national guard, army and air, and the regulations issued by the appropriate secretary of the department of defense.

M.G.L. c. 33, § 12 Discrimination or segregation because of race, color, religious creed, sexual orientation or national origin

c. 33, § 12. Discrimination or segregation because of race, color, religious creed, sexual orientation or national origin Section 12. No person shall be discriminated against or be segregated in the military forces of the commonwealth because of race, color, religious creed, sexual orientation or national origin.

M.G.L. c. 33, § 13 Entitlement to rights, protections, privileges and immunities afforded under the Uniformed Services Employment and Reemployment Rights Act; action against private employer; service time exempted from calculation of cumulative period of absence from a position of employment

c. 33, § 13. Entitlement to rights, protections, privileges and immunities afforded under the Uniformed Services Employment and Reemployment Rights Act; action against private employer; service time exempted from calculation of cumulative period of absence from a position of employment Section 13. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Benefit of employment'', shall have the same meaning as defined in 38 U.S.C. section 4303 (2) and shall include a workplace free of conduct that has the purpose or effect of unreasonably interfering with an individual's work performance by creating an intimidating, hostile, humiliating or offensive work environment. ''Service in the uniformed services'', shall have the same meaning as defined in 38 U.S.C. section 4303 (13) and shall include voluntary or involuntary service in the armed forces of the commonwealth as defined in section 10, including the state defense force or similar organization composed as permitted by law, in the state staff or in the armed forces of another state or territory. ''Uniformed services'', shall have the same meaning as defined in 38 U.S.C. section 4303 (16) and shall include: (i) the armed forces of the commonwealth, including the state defense force or similar organization composed as permitted by law; (ii) the state staff when engaged in duty under this chapter or Title 32 of the United States Code; or (iii) the armed forces of another state or territory when ordered to active duty under appropriate authority. (b) Members of the armed forces of the commonwealth, including the state defense force or similar organization composed as permitted by law, the state staff or the armed forces of another state or territory who are employed within the commonwealth and ordered to active duty under this chapter, the appropriate authority of another state or territory or Title 32 of the United States Code shall be entitled to all rights, protections, privileges and immunities afforded under the Uniformed Services Employment and Reemployment Rights Act, codified at 38 U.S.C. 4301 et seq. (c) For the purposes of this section, the adjutant general of the commonwealth shall perform all duties assigned to the secretaries of defense and labor of the United States under 38 U.S.C. 4301 et seq., with assistance from the secretary of labor and workforce development, when so requested by the adjutant general. (d) For purposes of this section, the attorney general of the commonwealth shall perform all duties assigned to the attorney general of the United States under 38 U.S.C. 4301 et seq. (e) For the purposes of this section, the secretary of veterans' services of the commonwealth shall perform all duties assigned to the secretary of veterans affairs of the United States under section 38 U.S.C. 4301 et seq. (f) In the case of an action against a private employer under this section, the action may proceed in the district or superior courts of the commonwealth. In the hearing and determination of applications under this section, courts shall have discretion to assess no fees or court costs against a person so applying for such benefits. (g) Any service performed pursuant to this chapter, or similar authority of another state or territory, when in support of a critical homeland security or emergency management operation as determined by the adjutant general shall not be included in the calculation of a person's cumulative period of absence from a position of employment.

M.G.L. c. 33, § 13A Entitlement to rights, protections, privileges and immunities afforded under the federal Servicemembers Civil Relief Act; action by person aggrieved by violations of this section; written demand for relief; award of costs of action

c. 33, § 13A. Entitlement to rights, protections, privileges and immunities afforded under the federal Servicemembers Civil Relief Act; action by person aggrieved by violations of this section; written demand for relief; award of costs of action Section 13A. (a) As used in this section, the following terms shall, unless context clearly requires otherwise, have the following meanings:— ''Military service'', shall have the same meaning as defined in the federal Servicemembers Civil Relief Act, 50 U.S.C. App. section 511 (2) and shall include duties performed under this chapter, the appropriate authority of another state or territory or Title 32 of the United States Code. ''Service member'', shall have the same meaning as defined in the federal Servicemembers Civil Relief Act, 50 U.S.C. App. section 511 (1) and shall include a member of the armed forces of the commonwealth, as defined in section 10, including the state defense force or similar organization composed as permitted by law, the state staff or the armed forces of another state or territory. (b) All members of the armed forces of the commonwealth, including the state defense force or similar organization composed as permitted by law, the state staff and those who reside within the commonwealth pursuant to military service and all members of the armed forces of another state or territory who reside within the commonwealth, ordered to active duty under this chapter, appropriate authority of another state or territory or Title 32 of the United States Code shall be entitled to all rights, protections, privileges and immunities afforded under the federal Servicemembers Civil Relief Act, codified at 50 U.S.C. App. section 501 et seq., except for sections 536 and 541 to 549, inclusive, which pertain to life insurance, and except for the limitation of a cumulative 5 years of state military service, which shall instead be extended to 8 years of state military service. (c) For the purposes of this section, the adjutant general of the commonwealth shall perform all duties assigned to the secretary concerned under the federal Servicemembers Civil Relief Act, 50 U.S.C. App. section 501 et seq. (d) For purposes of this section, the attorney general of the commonwealth shall perform all duties assigned to the attorney general of the United States under the federal Servicemembers Civil Relief Act, 50 U.S.C. App. section 501 et seq. (e) A person aggrieved by a violation of this section may bring an action in any court of competent jurisdiction whether by way of an original complaint, counter-claim, cross-claim or third party action for damages and equitable or declaratory relief, including an injunction, as the court deems necessary and proper. (f) At least 30 days prior to filing an action pursuant to this section, a written demand for relief identifying the claimant as a service member entitled to relief under this section and reasonably describing the injury or harm suffered shall be mailed to any prospective respondent. Failure to respond within 30 days of receipt shall be deemed a denial of the demand. The demand requirements of this paragraph shall not apply if the claim is asserted by way of counterclaim or cross-claim. (g) The court may award to a claimant who prevails in an action brought under this section the costs of the action, including reasonable attorney fees. If the court finds for the claimant, recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds the complained of act was willful or knowing or that the refusal to grant relief upon demand was made in bad faith, with reason to know that the act complained of violated this section, then the recovery shall be the greater of $5,000 or 3 times the amount of the damages. (h) Nothing in this section shall be construed to preclude or limit any other remedy otherwise available under law, including consequential and punitive damages or double or treble damages pursuant to chapter 93A.

M.G.L. c. 33, § 14 Aides-de-camp

c. 33, § 14. Aides-de-camp Section 14. The aides-de-camp of the commander-in-chief shall consist of such appointed or detailed aides as the commander-in-chief deems necessary. Officers detailed under this section shall not be relieved from their ordinary national guard duties and may be removed at any time by and in the sole discretion of the commander-in-chief.

M.G.L. c. 33, § 15 State staff; composition; qualifications; tenure

c. 33, § 15. State staff; composition; qualifications; tenure Section 15. (a) The state staff shall consist of 1 adjutant general, with the grade of major general, who shall be the military chief of staff to the commander-in-chief and the chief of the state staff and the officers provided for in this section, each of whom shall perform their duties under the direction of the adjutant general. Officers of the state staff, with the exception of the adjutant general, shall be appointed for an initial period of 6 years, with the opportunity for reappointment every 2 years thereafter. To be eligible for initial appointment on the state staff, an officer shall have federal recognition in an organization or unit of the Massachusetts national guard, army or air. The officer shall thereafter hold the position for the period of appointment or until reaching the age of 65 years, whichever occurs first, unless separated from the position prior to that time by resignation, disability, for cause in accordance with section 29 or by a legally convened court-martial in accordance with this chapter. (b) The adjutant general shall be appointed by the commander-in-chief from those persons who are, or have been, active commissioned officers in the Massachusetts national guard, army or air, for a period of not less than 5 years and who have attained, while serving therein, or in the armed forces of the United States, a grade not lower than that of colonel. The adjutant general shall serve for a term coterminous with that of the commander-in-chief and shall receive the same pay and allowances as an officer of the regular service of corresponding grade with corresponding length of service. The adjutant general shall be charged with carrying out the policies of the commander-in-chief and shall issue orders in the commander-in-chief's name; provided, however, that the adjutant general shall not personally exercise command of troops. The adjutant general shall be the immediate adviser of the commander-in-chief on all matters relating to the military and shall be charged with the planning, development and execution of the program of the military forces of the commonwealth. The adjutant general shall cause the state staff to support the mobilization and demobilization of the organized militia for use in the national defense, for state defense and emergencies. The adjutant general shall hold major organization commanders responsible for the proper training of their commands. All orders and instructions for the government of the militia and of the officers and enlisted persons therein shall be issued and communicated to those concerned through military channels. The adjutant general shall make such returns and reports as may be prescribed by the commander-in-chief or required by the laws or regulations of the commonwealth or of the United States and may detail such officers of appropriate grade and employ such clerks and other assistants as may be necessary in the division at an expense not exceeding the amount so appropriated. The adjutant general shall keep a roster of all veterans of the commonwealth, in alphabetical order by cities and towns, and shall provide, upon request, said rosters to such cities and towns. Unless powers are specifically conferred on the adjutant general by law or regulation, the adjutant general shall have no authority independent from the commander-in-chief, from whom all orders shall emanate, and the acts of the adjutant general shall be regarded as in execution of the orders of the commander-in-chief. Under the control of the commander-in-chief, the adjutant general shall be the executive and administrative head of the military division of the commonwealth. Except as otherwise provided, the adjutant general shall personally approve all contracts and may require personal approval of all expenditures made by the division. (c) There shall be not fewer than 3 and not more than 5 full-time assistant adjutants general appointed by the adjutant general, 1 of whom shall be designated the assistant chief of the state staff, who shall perform such duties delegated to them by the adjutant general or as prescribed in orders and regulations: provided, however, that at least 1 of the full-time assistant adjutants general shall be an army officer and at least 1 shall be an air officer. The assistant adjutant general who is designated as the assistant chief of the state staff shall be the state finance officer for the receipt, disbursement and accounting for all funds received for the payment, equipment, travel and subsistence of the organized militia of the commonwealth and shall be advanced by the commonwealth, under such rules and regulations as the state comptroller may prescribe, 100 per cent of the pay, allowances and mileage for duty under section 38, 40, 41 or 60, and shall return the unexpended balance of the sum so advanced as soon as possible, or at such times as the comptroller may require. The assistant adjutant general designated as the assistant chief of the state staff shall provide a bond to the commonwealth for $20,000 with surety or sureties approved by the commander-in-chief, conditioned upon the faithful performance of all duties as prescribed in this chapter. (d) There shall be 1 full-time state quartermaster appointed by the adjutant general who shall, except as otherwise provided in this chapter and in chapter 344 of the acts of 1936, have the care and control of all land and buildings held for military purposes and all other military property of the commonwealth except property that, by law, is expressly entrusted to the keeping of others. The state quartermaster shall be adviser to the military division on all technical matters involved in the construction, alteration and repair of all structures and installations intended for the use of the armed forces of the commonwealth. The state quartermaster shall provide a bond to the commonwealth for $20,000 with surety or sureties approved by the commander-in-chief, conditioned upon the faithful performance of all duties as prescribed in this chapter. The state quartermaster shall be clerk of the armory commission established in section 18 of chapter 6. (e) There shall be a state surgeon appointed by the adjutant general who shall be adviser to the military division on all matters pertaining to the medical services of the armed forces of the commonwealth. The state surgeon shall be a member of the board established in section 90. (f) There shall be a full-time state judge advocate appointed by the adjutant general who shall be the legal adviser of the military division on all matters referred by law or by the commander-in-chief. The state judge advocate shall examine and report in writing to the commander-in-chief on all proceedings of courts-martial requiring the action of the commander-in-chief and shall be a member of any boards established by sections 52 and 90. The state judge advocate may be detailed by the commander-in-chief to attend any encampment, and during the encampment, shall within the limits of the camp and for a distance of 1 mile outside said limits have the jurisdiction of a district court of all offenses then and there committed. (g) There may be a state inspector general appointed by the adjutant general who shall perform such duties as prescribed in orders by the commander-in-chief. (h) Unless ordered on duty pursuant to section 38, 40, 41 or 60, the officers of the state staff shall respectively receive the following salaries: the assistant adjutants general, the same pay and allowances as an officer of the regular service of corresponding grade of at least lieutenant colonel but not exceeding that of colonel with corresponding length of service; provided, however, that the assistant adjutant general who is designated assistant chief of the state staff shall hold the grade of brigadier general and shall receive the same pay and allowances as an officer of the regular service of corresponding grade with corresponding length of service, but not exceeding that of brigadier general; the state quartermaster, the same pay and allowances as an officer of the regular service of corresponding grade with corresponding length of service but not exceeding that of colonel; the state judge advocate, the same pay and allowances as an officer of the regular service of corresponding grade with corresponding length of service but not exceeding that of colonel; the state surgeon and the state inspector general, the same pay and allowances as officers of the regular service of corresponding grade with corresponding length of service but not exceeding that of colonel for each day of service, not to exceed $25,000 each per annum. (i) During the absence or disability of an officer of the state staff, or during such time as the officer is in the active military service of the United States, that officer's duties shall be performed by another officer designated in orders by the commander-in-chief. Unless otherwise ordered by the commander-in-chief, the chief of the state staff shall serve as the acting adjutant general during absence or disability of the adjutant general. (j) There shall be a military spouse liaison appointed by the adjutant general who shall conduct outreach to and advocate on behalf of military spouses residing in the commonwealth. The duties of the military spouse liaison shall include, but not be limited to: (i) providing assistance and information to military spouses seeking professional licenses and credentials or other employment the commonwealth; (ii) coordinating research on issues facing military spouses; (iii) creating informational materials to assist military spouses and their families; (iv) providing recommendations to assist spouses in accessing high quality child care; (v) developing resources in coordination with military installations to increase access to high quality child care for military families; and (vi) assisting military spouses with finding employment in relevant sectors.

M.G.L. c. 33, § 19 Massachusetts military academy; establishment; curriculum; academic board; membership; compensation

c. 33, § 19. Massachusetts military academy; establishment; curriculum; academic board; membership; compensation Section 19. (a) There is hereby established the Massachusetts Military Academy, hereinafter called the academy, which shall offer to selected enlisted persons and officers of the armed forces of the commonwealth of satisfactory educational and military attainments such courses of instruction to prepare them for the responsibility of commissioned command as the commander-in-chief may prescribe. (b) Under such regulations as the commander-in-chief may prescribe, the educational policies, courses of study, standards of admission and graduation of the academy shall be determined by an academic board of twelve commissioned officers, of whom one shall be the senior army advisor and one shall be the commandant of the academy, to be appointed by the commander-in-chief. At least a majority of the members of said academic board shall be active officers of the national guard, army or air, at the time of their appointment. Members of the academic board shall serve for such terms as the commander-in-chief may prescribe, or until relieved by order of the commander-in-chief and at the commander-in-chief's sole discretion. (c) Subject to the approval of the commander-in-chief, the academic board shall appoint a commandant and an assistant commandant of the academy, who shall serve for such terms as the academic board may prescribe, or until their resignations are accepted, or until they are relieved by a majority vote of the said board. (d) The commandant shall select faculty members, instructors and employees and shall administer the academy in accordance with such regulations as the academic board may prescribe. (e) The commandant and such other persons as may be detailed under the provisions of this section shall receive such pay and may incur such expenses for the operation of the academy as may be approved therefor.

M.G.L. c. 33, § 19A Armory commission within military division

c. 33, § 19A. Armory commission within military division Section 19A. The armory commission established by section 18 of chapter 6 shall be within the military division.

M.G.L. c. 33, § 20 Qualification for appointment as officer in the armed forces or for commission in national guard

c. 33, § 20. Qualification for appointment as officer in the armed forces or for commission in national guard Section 20. A person shall not be eligible for appointment or to be appointed as an officer in the armed forces of the commonwealth if the individual is: (i) not a citizen of the United States and 18 years of age or over; (ii) under sentence of a court or board which disables such person from holding office or command; (iii) under suspension from command in the armed forces of the United States or of any state; (iv) under sentence of imprisonment by a civilian court, whether suspended or not; or (v) ineligible for such service under the laws of the United States. No person shall receive a commission in the national guard, army or air unless such person possesses such minimum qualifications as prescribed by the laws of the United States and has qualified for such commission.

M.G.L. c. 33, § 21 State judge advocate or state surgeon; legal, medical, dental or veterinary officers registration and qualifications

c. 33, § 21. State judge advocate or state surgeon; legal, medical, dental or veterinary officers registration and qualifications Section 21. No person shall be eligible to appointment, or be appointed, as the state judge advocate or the state surgeon unless duly registered in accordance with the laws of the commonwealth, and complies with its laws relative to the practice of the profession. No person shall be eligible for appointment, or be appointed, as any other legal, medical, dental or veterinary commissioned officer unless duly qualified in accordance with such person's military service component requirements.

M.G.L. c. 33, § 22 Eligibility for appointment without professional examination

c. 33, § 22. Eligibility for appointment without professional examination Section 22. Subject to Article LIII of the Articles of Amendment of the Constitution, a person certified as eligible for any specific grade in the National Guard, army or air under the laws of the United States and who is a graduate of the Massachusetts Military Academy shall be eligible for appointment without professional examination.

M.G.L. c. 33, § 23 Officers; appointment

c. 33, § 23. Officers; appointment Section 23. All officers shall be appointed by the commander-in-chief upon the recommendation of appropriate commanders, approved by superior commanders.

M.G.L. c. 33, § 24 Oaths; form

c. 33, § 24. Oaths; form Section 24. Every commissioned officer, before entering upon the performance of official duties or exercising any command, shall take and subscribe the following oath and declaration: I, , do solemnly swear that I will bear true faith and allegiance to the commonwealth of Massachusetts, and will support the constitution thereof and the constitution of the United States, that I will obey the lawful orders of all my superior officers, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as ___ according to the best of my ability and understanding, agreeably to the rules and regulations of the constitution and the laws of the commonwealth and the United States. So help me, God. All officers shall take and subscribe the said oath before any competent authority or an officer qualified under section 81 to administer oaths, except retired officers and aides-de-camp of the commander-in-chief who may take said oath before any competent authority. The following certificate shall be printed on every commission and shall be signed by the person before whom the officer is qualified: This may certify that , commissioned as within on this ___ day of , A.D., ___ personally appeared and took and subscribed the oaths required by the constitution and laws of this commonwealth and by a law of the United States, as qualification for the discharge of official duties. Before me, .

M.G.L. c. 33, § 25 Officers; performance of duties; prerequisites

c. 33, § 25. Officers; performance of duties; prerequisites Section 25. No person commissioned as an officer or appointed as a warrant officer in the national guard, army or air, shall enter upon the performance of official duties or exercise any command unless possessing such minimum qualifications, and shall have passed such other tests as to the person's physical, moral and professional fitness, as are prescribed by the laws of the United States, and shall have taken and subscribed to the oath of office. The commander-in-chief shall forthwith discharge, or place upon the retired list under section thirty-one, unless further time is allowed for cause, any officer failing to pass the tests required by this chapter or the laws of the United States and the regulations issued thereunder.

M.G.L. c. 33, § 27 Seniority of officers; determination

c. 33, § 27. Seniority of officers; determination Section 27. Seniority of officers of the same grade shall be determined by their date of rank, which shall be their date of appointment. Between officers of the same grade and date of rank the relative rank shall be determined by considering dates of rank in lower grades in the armed forces of the commonwealth, commissioned, warrant and enlisted, until seniority is established. If seniority is not so established it will be decided by relative age. The day of the appointment of an officer shall be stated in his commission and shall be considered as the date thereof.

M.G.L. c. 33, § 28 Uniforms

c. 33, § 28. Uniforms Section 28. Officers shall provide themselves with uniforms and equipment prescribed by the commander-in-chief.

M.G.L. c. 33, § 29 Discharge of officers; grounds

c. 33, § 29. Discharge of officers; grounds Section 29. (a) At any time, the moral character, capacity and general fitness for the service of any service member may be investigated and determined by an efficiency board of 3 commissioned officers, senior in rank to the service member and designated by the commander-in-chief. One board member shall be a noncommissioned officer senior in rank to the service member if the service member before the board is an enlisted person. Any such investigation and board proceedings shall provide the service member due process consistent with military practice. The investigation may include misconduct in civil life for which the service member is not subject to court-martial. If the findings of the board are unfavorable to the service member and are approved by the commander-in-chief, the service member shall be appropriately disciplined or discharged. (b) A service member may be honorably discharged by the commander-in-chief upon tender of resignation or upon appointment in a regular component or in another reserve component of the armed forces of the United States. (c) The commander-in-chief may discharge a service member who is under sentence of imprisonment by a civilian court, whether suspended or not, or who has been absent without leave for 2 months continuously.

M.G.L. c. 33, § 30 Certificate of discharge; form

c. 33, § 30. Certificate of discharge; form Section 30. Service members discharged from the service of the commonwealth shall be entitled to a certificate of discharge, in such form as the commander-in-chief shall direct.

M.G.L. c. 33, § 31 Discharge of officers or noncommissioned officers for superannuation; retirement

c. 33, § 31. Discharge of officers or noncommissioned officers for superannuation; retirement Section 31. An officer or noncommissioned officer in the armed forces of the commonwealth at the age of 65 shall be honorably discharged or, upon request by such officer and pursuant to the eligibility requirements of this section, placed upon the retired list with the highest grade held in the active military service. A member of the army or air national guard of the commonwealth, with at least a total of 20 years of service as an officer or noncommissioned officer in the army or air national guard of the commonwealth or the uniformed services of the United States, of which at least the last 5 years of service shall have been in the army or air national guard of the commonwealth or the state staff, shall be placed upon the retired list with any grade held by the member in the active military service or 1 grade higher, but not to exceed the grade of major general; provided, however, that any such member who has had federal recognition in the grade of major general may, upon request, be placed upon the retired list in the grade of lieutenant general. Members of the armed forces of the commonwealth on the retired list accepting appointment to or a commission in the active military forces of the commonwealth may again be placed upon said retired list, at their own request.

M.G.L. c. 33, § 32 Discharge or retirement for disability

c. 33, § 32. Discharge or retirement for disability Section 32. The commander-in-chief may order any member of the military forces of the commonwealth before a medical board, consisting of at least 3 medical officers, and if the board reports such member of the military forces of the commonwealth to be physically unable to perform the assigned military duties, the commander-in-chief may order the member of the military forces of the commonwealth discharged or placed on the retired list.

M.G.L. c. 33, § 33 Retired officers and non-commissioned officers; duties; compensation

c. 33, § 33. Retired officers and non-commissioned officers; duties; compensation Section 33. Retired officers and non-commissioned officers shall be placed on the retired list by the commander-in-chief, by regulations promulgated by the commander-in-chief, and on occasions of ceremony may, and when acting under orders as hereinafter provided shall wear the uniform of their retired grade. They shall be eligible to perform any military duty to the same extent as if not retired, and the commander-in-chief may require them to serve upon military boards, courts of inquiry and courts-martial, or to perform any other duty, and while actively engaged in such duty they shall receive the pay and allowances under the provisions of subsection (a) of section eighty-three. They shall be amenable to court-martial for military offenses.

M.G.L. c. 33, § 34 Enlisted personnel; regulations

c. 33, § 34. Enlisted personnel; regulations Section 34. The commander-in-chief may, by regulations, prescribe the requirements for the enlistment, service and discharge of enlisted personnel.

M.G.L. c. 33, § 35 Enlisted personnel; appointments and promotions

c. 33, § 35. Enlisted personnel; appointments and promotions Section 35. The commander-in-chief shall provide, by regulations, how and by whom noncommissioned officers and other enlisted personnel shall be appointed, promoted and reduced.

M.G.L. c. 33, § 36 Dishonorable discharge

c. 33, § 36. Dishonorable discharge Section 36. A dishonorable discharge shall be given only to carry out the sentence of a court-martial.

M.G.L. c. 33, § 38 Use of militia; escort duties; emergencies

c. 33, § 38. Use of militia; escort duties; emergencies Section 38. The commander in chief may order out any part of the organized militia for escort and other duties including special duty and emergency assistance to state and local civil authorities in the preservation of life and property.

M.G.L. c. 33, § 39 Use of militia outside the commonwealth

c. 33, § 39. Use of militia outside the commonwealth Section 39. Except by order of the commander-in-chief, or with the commander-in-chief's consent, no unit of the armed forces of the commonwealth shall be ordered without the limits of the commonwealth or leave the commonwealth for any period or purpose whatever, with military property of the United States or of the commonwealth in its possession or use.

M.G.L. c. 33, § 40 Use of militia; invasion or insurrection

c. 33, § 40. Use of militia; invasion or insurrection Section 40. The commander-in-chief shall order out the armed forces to repel an invasion or to suppress an insurrection made or threatened.

M.G.L. c. 33, § 41 Aid by armed forces to the civil authority in cases of riot, natural disaster or catastrophe or when necessary to preserve order and afford protection to persons and property; powers and duties of military police forces of the national guard

c. 33, § 41. Aid by armed forces to the civil authority in cases of riot, natural disaster or catastrophe or when necessary to preserve order and afford protection to persons and property; powers and duties of military police forces of the national guard Section 41. (a) The commander-in-chief may issue an order directed to the commander of any organization or unit of the armed forces of the commonwealth directing the command, or any part thereof, to appear at a time and place specified in the order to aid the civil authority in suppressing violations of law, preserving order, affording protection and supporting the laws if 1 of the following situations occurs: (i) in the case of a tumult, riot, mob or body of persons acting together by force to violate or resist the laws of the commonwealth or when such tumult, riot or mob is threatened; (ii) in the case of public catastrophe or natural disaster; (iii) if the usual police provisions are inadequate to preserve order and afford protection to persons and property; or (iv) if additional support to civilian law enforcement is necessary. The order may be issued upon the initiative of the commander-in-chief, or at the request of the sheriff of a county, the mayor or city manager of a city or the selectmen of a town. (b) Military police forces of the national guard, both army and air, may exercise all the powers of constables, except the service of civil process, and of police officers and, when ordered to perform law enforcement duties, shall appear for duty armed and equipped: (i) at all times upon all land and buildings held for military purposes and all other military property of the commonwealth; or (ii) when on duty within the commonwealth under this chapter or Title 32 of the United States Code; provided, however, that all such military police forces shall hold the appropriate law enforcement occupational specialty as certified by the armed forces of the United States.

M.G.L. c. 33, § 43 Written orders; conditions; contents

c. 33, § 43. Written orders; conditions; contents Section 43. Whenever practicable all orders issued under section forty-one shall be in writing and signed by the commander-in-chief or a designated representative. Such orders shall set forth the purpose to be accomplished by the military officer to whom addressed, but shall not prescribe the military measures to be used or the orders to be issued by such officer, who shall use such measures and issue such orders as he deems necessary to accomplish the purpose indicated.

M.G.L. c. 33, § 44 Unit called into service; duties of commander

c. 33, § 44. Unit called into service; duties of commander Section 44. The officer to whom the order of the commander-in-chief is directed shall forthwith order the troops therein called for to appear at the time and place appointed, and shall immediately notify the commander-in-chief of his order, in the most expeditious manner, through the usual military channels.

M.G.L. c. 33, § 46 Armed forces of the commonwealth to appear armed and equipped to execute orders issued under Sec. 41

c. 33, § 46. Armed forces of the commonwealth to appear armed and equipped to execute orders issued under Sec. 41 Section 46. Armed forces of the commonwealth shall appear at the time and place appointed by the order, issued under section 41, armed and equipped and shall obey and execute the orders received or any additional orders received from the commander-in-chief.

M.G.L. c. 33, § 47 Excuse from duty upon physician's certificate of disability

c. 33, § 47. Excuse from duty upon physician's certificate of disability Section 47. No officer or enlisted person of the armed forces of the commonwealth, not on leave of absence, shall be excused from duty if ordered to duty under section 38, 40 or 41 except upon a physician's certificate of disability.

M.G.L. c. 33, § 48 Expenses of militia; source of funds

c. 33, § 48. Expenses of militia; source of funds Section 48. The commander-in-chief may expend for carrying out the provisions of sections thirty-eight, forty, forty-one, fifty-four, sixty and sixty-one, such sums as may be appropriated therefor.

M.G.L. c. 33, § 49 Payment

c. 33, § 49. Payment Section 49. Upon the termination of any service of the armed forces of the commonwealth under an order of the commander-in-chief, the adjutant general or a designated representative shall certify to the state treasurer the expense of said service, and the state treasurer shall thereupon assess said expense in the manner provided for by section twenty of chapter fifty-nine.

M.G.L. c. 33, § 50 Use of streets and highways; right of way; exceptions; permission to mount flashing, rotating or oscillating red lights on vehicle

c. 33, § 50. Use of streets and highways; right of way; exceptions; permission to mount flashing, rotating or oscillating red lights on vehicle Section 50. (a) The armed forces of the United States and any part of the armed forces of the commonwealth parading or performing any duty according to law shall have the right of way in any street or highway through which they may pass, and drivers of military vehicles may drive such vehicles through an intersection of ways contrary to any traffic signs or signals regulating traffic at such intersection, if a police officer or duly authorized member of the military service is stationed at the intersection to regulate traffic; provided, that the carriage of the United States mails, the legitimate functions of the police and the progress and operation of fire departments shall not be disrupted. Motor vehicles of the armed forces of the commonwealth may be equipped with sirens or other audible warning devices and with visible warning devices as provided in section 7E of chapter 90. (b) A vehicle owned or operated by a designated member of the armed forces of the commonwealth who is assigned public safety duties that require immediate emergency response to incidents or events, such as emergency response to hazardous materials or weapons of mass destruction incidents may, with prior written authorization by the adjutant general, and only by authority of a permit issued by the registrar of motor vehicles, have mounted thereon flashing, rotating or oscillating red lights. Said emergency lights may only be activated when circumstances reasonably require an immediate emergency response. Upon termination of the duties which warranted the issuance of the permit, the adjutant general shall immediately notify in writing the registrar of motor vehicles who shall forthwith revoke such red light permit. Upon revocation, the registrar of motor vehicles shall notify the owner and operator of the vehicle for which such permit was issued and the owner and operator shall thereafter be subject to a fine of not less than $100 nor more than $300, unless otherwise provided.

M.G.L. c. 33, § 51 Occupation of land and buildings; exceptions; liability for damages

c. 33, § 51. Occupation of land and buildings; exceptions; liability for damages Section 51. When on duty under orders of the commander-in-chief, the military forces of the commonwealth may enter upon and occupy any public or private lands within the commonwealth for the necessary purposes of such duty, and no officer or enlisted person shall thereby become liable, either civilly or criminally, for trespass; but except in times of invasion, insurrection, riot, natural disaster, threats to homeland or national security, public catastrophe or danger, no organization of the armed forces nor individual members thereof shall be permitted to enter houses or other buildings or their immediate enclosures, without the consent of the owner or tenant in possession, nor to go upon the gardens, lawns, tobacco fields, cranberry bogs, vineyards, nurseries, planted fields, orchards or cemeteries unless extreme necessity for such entry exists, and then only in obedience to the specific orders of the senior officer present.

M.G.L. c. 33, § 52 Damages to lands; compensation

c. 33, § 52. Damages to lands; compensation Section 52. In the case of land entered upon under section fifty-one for an encampment or other substantial occupancy, the owner thereof shall receive damages in the nature of compensation for the use of the land and for any injury to the same resulting from such occupancy; and in the case of land so entered upon or passed over in the course of maneuvers, field exercises, or any similar transient purposes, the owner shall receive damages for any injury to the same resulting from such entry, but shall not be entitled to compensation for the use of the land. The amount of damages to be paid by the commonwealth under this section shall be as agreed upon by the owner of the land with an officer or board of officers appointed by the commander-in-chief to adjust the claim; provided, that if the parties are unable to agree, the damages shall be assessed under chapter seventy-nine.

M.G.L. c. 33, § 53 Immunity from liability for damages caused while performing military duty

c. 33, § 53. Immunity from liability for damages caused while performing military duty Section 53. No officers or enlisted persons shall be liable, either civilly or criminally, for any damage to property or injury to any person, including consequential death, caused by them or by their order, while performing any military duty lawfully ordered under this chapter, unless the act or order causing such damage or injury was manifestly beyond the scope of the authority of such officers or enlisted persons and except as otherwise provided by chapter 258.

M.G.L. c. 33, § 54 Additional forces; source

c. 33, § 54. Additional forces; source Section 54. When the entire armed forces of the commonwealth have been ordered out under section 40 or 41 and a further force is required, it may be taken from the unorganized militia, as provided in section fifty-five.

M.G.L. c. 33, § 55 Unorganized militia; method of impressing into service

c. 33, § 55. Unorganized militia; method of impressing into service Section 55. When necessary to call out any part of the unorganized militia for duty, the commander-in-chief shall issue a proclamation directed to the mayors or city managers and selectmen, who shall forthwith, by written order or oral notice to each individual, or by proclamation on their part, appoint a time and place for the assembling of the unorganized militia in their respective cities and towns, and shall then and there draft as many thereof, or accept as many volunteers, as are required by the order of the commander-in-chief, and shall forthwith forward to the adjutant general a list of the persons so drafted or accepted as volunteers.

M.G.L. c. 33, § 56 Term of enlistment; training

c. 33, § 56. Term of enlistment; training Section 56. The part of the unorganized militia so drafted or accepted shall immediately be mustered under the orders of the commander-in-chief into the service of the commonwealth for three years, or for such less period as the commander-in-chief may direct, and shall be organized into new units, or assigned to organizations of the organized militia then existing. Such new organizations shall be officered, equipped, trained and governed according to the laws for the government of the organized militia. The commander-in-chief may detail officers to train and command such new organizations until their officers shall have qualified.

M.G.L. c. 33, § 59 Effect of military service on salary, seniority and leave allowances of public employees

c. 33, § 59. Effect of military service on salary, seniority and leave allowances of public employees Section 59. (a) An employee of the commonwealth in the service of the armed forces of the commonwealth, the armed forces of another state or a reserve component of the armed forces of the United States shall be entitled to receive pay without loss of ordinary remuneration as a public employee during service in the uniformed services, annual training under section 60 or drills and parades under section 61, or for an employee in the service of the armed forces of another state, annual training, drills or parades under a corresponding law of that state, not exceeding 40 days in any federal fiscal year, and shall not lose any seniority or any accrued vacation leave, sick leave, personal leave, compensation time or earned overtime. For the purposes of this section, ''uniformed services'' shall have the same meaning as in section 13. For the purposes of this subsection, ''day'' shall mean any 24–hour period regardless of calendar day. (b) An employee of the commonwealth in the service of the armed forces of the commonwealth under sections 38, 40 or 41, or in the service of the armed forces of another state under a corresponding law of that state, shall be entitled to receive pay without loss of ordinary remuneration as a public employee and shall not lose any seniority or any accrued vacation leave, sick leave, personal leave, compensation time or earned overtime during the first 30 consecutive days of any mission; provided, however, that after the 30–day period, the ordinary remuneration of such an employee shall be reduced by any amount received from the United States, the commonwealth or another state as base pay for military service performed during the same pay period and there shall be no loss of any seniority or any accrued vacation leave, sick leave, personal leave, compensation time or earned overtime. National guard duty performed under Title 32 of the United States Code shall not be deemed service in the armed forces of the commonwealth under said sections 38, 40 or 41 or service in the armed forces of another state under the corresponding law of that state for the purposes of this section. (c) An employee of the commonwealth in the armed forces of the commonwealth or of another state performing duty under Titles 10 or 32 of the United States Code shall be paid their regular base salary as a public employee for each pay period of such military leave of absence, reduced by any amount received from the United States, the commonwealth or another state as base pay for military service performed during the same pay period and such employee shall not lose any seniority or any accrued vacation leave, sick leave, personal leave, compensation time or earned overtime. (d) An employee of the commonwealth in a reserve component of the armed forces of the United States who is ordered to service for more than 30 consecutive days shall be paid their regular base salary as a public employee for each pay period of such military leave of absence, reduced by any amount received from the United States, the commonwealth or another state as base pay for military service performed during the same pay period. No such employee shall lose any seniority or accrued vacation leave, sick leave, personal leave, compensation time or earned overtime. (e) An employee of a county, city or town which, by vote of its legislative body, has accepted this section or similar provisions of earlier laws, shall be entitled to the benefits and protections of this section or the benefits of the accepted earlier law. (f) For the purposes of this section, ''base pay for military service'' shall not include any housing, incentive, bonus, skills pay, allowance or other stipend or benefit paid to the employee for the employee's military service.

M.G.L. c. 33, § 60 Training of armed forces

c. 33, § 60. Training of armed forces Section 60. The armed forces of the commonwealth shall perform during each prescribed training year not less than fifteen days' training under service conditions at times and places designated by duly authorized orders.

M.G.L. c. 33, § 61 Unit training periods; meetings of instruction for noncommissioned officers; frequency; arrests for absence without leave

c. 33, § 61. Unit training periods; meetings of instruction for noncommissioned officers; frequency; arrests for absence without leave Section 61. (a) In addition to the duty required by sections 38, 40, 41 or 60, every unit of the armed forces of the commonwealth, except the state defense force, in active national guard or a similar organization composed as permitted by law, shall assemble for training at least 48 times in each year, and more often if so directed by the unit or organization commander. Organization drills and parades may be held in place of unit drills, and transportation to and from the place of such drills and parades shall be furnished for the units composing the organization if authorized by the adjutant general. (b) Organization and unit commanders may call meetings of instruction for the noncommissioned officers of their commands as they deem necessary. (c) Any police officer authorized to make arrests within the commonwealth may apprehend without a warrant any member of the armed forces of the commonwealth absent without leave from any assembly for training under paragraph (a), meeting for instruction under paragraph (b) or training under service conditions under section sixty and keep him in custody, but for not more than twenty-four hours, until taken into custody by the armed forces of the commonwealth; provided, however, that such apprehension and such keeping in custody shall have been requested in writing by the commanding officer of any unit of said armed forces.

M.G.L. c. 33, § 62 Meetings of instruction for officers; frequency

c. 33, § 62. Meetings of instruction for officers; frequency Section 62. Organization commanders may hold meetings of instruction for the officers of their commands four times each year. Mileage may be paid when approved in advance by the adjutant general.

M.G.L. c. 33, § 64 Exclusion of traffic from public ways and highways during target practice

c. 33, § 64. Exclusion of traffic from public ways and highways during target practice Section 64. The commander-in-chief may exclude traffic from public ways and highways during target practice or maneuvers of any organization or unit of the armed forces of the commonwealth or the United States or of any state thereof if public convenience or safety so requires.

M.G.L. c. 33, § 65 Boundaries of encampments; establishment; limitations; penalty for trespass or resisting sentry

c. 33, § 65. Boundaries of encampments; establishment; limitations; penalty for trespass or resisting sentry Section 65. Every commanding officer, when on duty, may fix necessary bounds and limits to any parade or encampment, but not including a public road within such bounds in such manner as to prevent traveling thereon, within which bounds and limits no person shall enter without authorization. Whoever intrudes within the limits of the parade or encampment, after being forbidden, may be ejected, forcibly if necessary, or may be confined under guard during the time of parade or encampment, or during a shorter time, at the discretion of the commanding officer; and whoever resists a sentry may be detained by order of the commanding officer and dealt with as provided in section sixty-six.

M.G.L. c. 33, § 66 Obstructing or interfering with armed forces; penalty

c. 33, § 66. Obstructing or interfering with armed forces; penalty Section 66. Whoever willfully obstructs, interferes with or hinders an officer or enlisted person while on duty or at any parade, drill or assembly for military purposes may be detained at the discretion of the commanding officer and delivered into the custody of a police officer for examination or trial before a court having jurisdiction. A violation of this section, section 65 or 123 or an individual who obstructs or interferes with the armed forces of the United States or any part of the armed forces of the commonwealth in the exercise or enjoyment of the right of way granted by section 50 shall be punished by a fine of not more than $1,000 or by imprisonment in a house of correction for not less than 30 days nor more than 21/2 years or by imprisonment in the state prison for not more than 5 years, or by both such fine and imprisonment.

M.G.L. c. 33, § 67 Decorations and awards; qualifications

c. 33, § 67. Decorations and awards; qualifications Section 67. (a) Each member, who completes 3 years of honorable service in the armed forces of the commonwealth, except the inactive national guard, shall be awarded a service medal and for each additional 3 years of like service a clasp to be affixed to the ribbon pendant thereof. All other members of the organized militia may be awarded a service medal for completion of 3 years of honorable service and for each additional 3 years of like service a device to be affixed to the ribbon pendant thereof. Members of the armed forces of the commonwealth, active, retired or honorably discharged, who have served in the armed forces of the United States in time of war and have been honorably discharged shall receive a device indicative of such service, to be affixed to the ribbon pendant of the medal herein provided. (b) The adjutant general and 2 field grade officers of the armed forces of the commonwealth, detailed by the commander-in-chief, shall act as a medal of valor commission and may receive recommendations, through military channels, for the award of the medal of valor to members of the organized militia of the commonwealth, who, by reason of conspicuous gallantry at the risk of their own life, above and beyond the call of duty, while on military service, are recommended for the award of said medal of valor. (c) A general officer and 2 field grade officers of the armed forces of the commonwealth, detailed by the commander-in-chief, shall constitute a commission to receive recommendations, through military channels, for the award of the Massachusetts military medal to a member of the organized militia of the commonwealth who, while on military service, performed a singularly meritorious act of heroism which distinguished that service member above peers but to a lesser degree than that required for awarding of the medal of valor. (d) A general officer and 2 field grade officers of the armed forces of the commonwealth, detailed by the commander-in-chief, shall act as a Massachusetts medal of merit commission, and may receive recommendations, through military channels, for the award of the medal of merit to members of the organized militia of the commonwealth, the United States, any other state or territory of the United States or any other country who have distinguished themselves by exceptionally meritorious conduct in performing outstanding services while members of the organized militia of the commonwealth, the United States, any other state or territory of the United States or any other country. (e) A general officer may receive recommendations, through military channels, for the award of the Massachusetts commendation medal to members of the organized militia of the commonwealth, the United States, any other state or territory of the United States or any other country who have distinguished themselves by heroism, meritorious achievement or meritorious service while members of the organized militia of the commonwealth, the United States, any other state or territory of the United States or any other country. (f) A general officer may receive recommendations, through military channels, for the award of the Massachusetts achievement medal to members of the organized militia of the commonwealth, the United States, any other state or territory of the United States, or any other country who have distinguished themselves by meritorious service or achievement to a lesser degree than required for award of the commendation medal while members of the organized militia of the commonwealth, the United States, any other state or territory of the United States, or any other country. (g) Commissions constituted under subsections (b), (c) and (d) shall, after careful investigation, report their findings and recommendations to the commander-in-chief, who, if the award appears justified, shall confer upon the member the medal recommended. Not more than 1 medal of valor, Massachusetts military medal, medal of merit, commendation medal or achievement medal shall be awarded to any person; provided, however, that a suitable device shall be awarded, under the same conditions. The design of the medals referred to in this section shall be approved by the art commission for the commonwealth. The Massachusetts medal of valor, military medal, medal of merit, commendation medal and achievement medal may be awarded posthumously.

M.G.L. c. 33, § 67A Medal of liberty; license plate

c. 33, § 67A. Medal of liberty; license plate Section 67A. There shall be a medal of liberty which shall be awarded to the next of kin of service men and women from the commonwealth killed in action or who died in service while in a designated combat area in the line of duty or who died as a result of wounds received in action or who died as a result of a training accident in the line of duty. The adjutant general and 2 field grade officers of the armed forces of the commonwealth detailed by the adjutant general shall constitute a commission to make recommendations to the commander-in-chief for the awarding of the medal of liberty. If a fallen service member from the commonwealth who qualifies for the medal of liberty has no surviving spouse, children, siblings or parents, such service member's next closest surviving relative including, but not limited to, any nephews or nieces, shall be eligible for the medal of liberty. Next of kin of a fallen service member may apply to the adjutant general for a medal of liberty, in a form prescribed by the adjutant general. There shall be within the application for the medal of liberty a notification that informs applicants of their eligibility to receive the medal of liberty license plate, pursuant to section 2 of chapter 90, free of charge upon approval of the application. The notification shall read as follows: IF YOU RECEIVE THE MEDAL OF LIBERTY, YOU ARE ENTITLED TO RECEIVE THE MEDAL OF LIBERTY LICENSE PLATE FREE OF CHARGE. APPLY AT https://www.mass.gov/doc/application–for–medal–of–liberty–plates.

M.G.L. c. 33, § 67B Massachusetts medal of fidelity

c. 33, § 67B. Massachusetts medal of fidelity Section 67B. There shall be a Massachusetts medal of fidelity to be presented to the next of kin of a service member or veteran who died as the result of (i) service-connected post-traumatic stress disorder; (ii) a condition resulting from a service-connected traumatic brain injury; or (iii) a service-connected disease, condition or injury related to the exposure to harmful toxins, herbicides, agents or materials, where the exposure occurred while serving in the armed forces of the United States, active or reserve components, or the Massachusetts national guard. A service member shall have entered military service or state active duty from the commonwealth, have been a resident of the commonwealth at the time of death or have been a member of the Massachusetts national guard at the time of death. To be eligible, a service member or veteran must have served after December 6, 1941. The adjutant general or designee and 2 field grade officers of the armed forces of the commonwealth detailed by the commander-in-chief shall constitute a commission to make recommendations to the commander-in-chief for the awarding of the Massachusetts medal of fidelity.

M.G.L. c. 33, § 68 Recognition for competitions or outstanding military service

c. 33, § 68. Recognition for competitions or outstanding military service Section 68. Suitable recognition may be awarded for military, athletic or other competitions or outstanding military service in the armed forces of the commonwealth, under such regulations as the commander-in-chief shall determine.

M.G.L. c. 33, § 81 Oaths; administration

c. 33, § 81. Oaths; administration Section 81. All commissioned officers and warrant officers of the armed forces of the commonwealth and of the United States shall have power to administer oaths for the purpose of the administration of military justice and for other purposes of military administration.

M.G.L. c. 33, § 83 Pay and allowances for certain duties

c. 33, § 83. Pay and allowances for certain duties Section 83. (a) For duty performed under sections 60 and 61 by members of the armed forces of the commonwealth not serving in a federal duty status, there may be allowed and paid from funds appropriated for that purpose the same rate of pay of like grade as they would receive if they were on active duty status in the armed forces of the United States with less than 2 years service and such subsistence, travel or other allowances as the adjutant general may authorize. (b) For duty performed under sections 38, 40 and 41, there shall be allowed and paid to members of the armed forces of the commonwealth from funds appropriated for that purpose the same rate of base pay for length of service and allowances for housing and subsistence as if they were on active duty status in the armed forces of the United States; provided, however, that the compensation shall not be less than $200 per day and shall be subject to subsection (c). (c) For duty performed under said sections 38, 40, 41 and 60, the pay and allowances authorized under this section shall be reduced by any amounts received from the United States government as pay or allowances for military service performed during the same pay period.

M.G.L. c. 33, § 84 Travel expenses

c. 33, § 84. Travel expenses Section 84. To each officer and enlisted person of the armed forces of the commonwealth required and authorized to travel under any section of this chapter, there shall be allowed and paid from funds appropriated therefor and under such regulations as the adjutant general may prescribe, the following:— (1) For travel by privately owned motor vehicle, the current mileage rate authorized by law and any regulations pursuant thereto. (2) For travel by modes of commercial travel, actual transportation expense.

M.G.L. c. 33, § 85 Subsistence

c. 33, § 85. Subsistence Section 85. Subsistence for members of the armed forces of the commonwealth ordered to duty under the provisions of sections thirty-eight, forty, forty-one and sixty, shall be furnished in kind unless otherwise directed by the adjutant general.

M.G.L. c. 33, § 88 Death or disability compensation

c. 33, § 88. Death or disability compensation Section 88. (a) An officer or enlisted person of the Massachusetts organized militia who, while performing any duty lawfully ordered under this chapter without willful neglect on the part of the person, receives injury, is disabled or contracts a sickness or disease that incapacitates the person from pursuing the person's usual business or occupation shall, during the period of incapacity, receive compensation to be fixed by a board appointed under section 90 to inquire into the claim and the actual and necessary expenses for medical services and care, medicines and hospitalization or replacement or repair of eyeglasses, dentures or prosthetic devices worn or carried and amounts related to lost wages. (b) If the death of a member of the Massachusetts organized militia results from injury, sickness or disease received while in the line of duty pursuant to orders under titles 10 and 32 of the United States Code or this chapter and the injury, sickness or disease resulting in the death was not the result of the decedent's willful neglect, a single payment of $200,000 shall be paid to the surviving spouse; provided, however, that if there is no surviving spouse, the amount shall be paid in equal shares to the children of the decedent; provided further, that if there is no surviving spouse and no children, the amount shall be paid in equal shares to the surviving parents of the decedent, and if there are no surviving parents, the amount shall be paid in equal shares to the surviving siblings. (c) For the purposes of subsection (b), parents shall include fathers and mothers through adoption; provided, however, that preference to any claim as the decedent's parents shall be given to those who exercised a relationship on the date, or most nearly before the date, on which the decedent began their lawful duty as a member of the Massachusetts organized militia. (d) Subsection (b) shall apply to service members whose death occurred on or after April 2, 2019 and those who have not received a final decision from the board of compensation as appointed under section 90. (e) All claims presented under this section shall be made in the manner provided in section 90.

M.G.L. c. 33, § 88B Group life insurance; partial payment of premium by commonwealth

c. 33, § 88B. Group life insurance; partial payment of premium by commonwealth Section 88B. Fifty per cent of the monthly premiums for any coverage held in the serviceman's group life insurance program administered by the Veterans Administration, or an equivalent group life insurance program of the servicemember's choosing provided that the reimbursement shall not exceed 50 per cent of the monthly premium cost of the Serviceman's Group Life Insurance, for a member of the Massachusetts National Guard shall be borne by the commonwealth.

M.G.L. c. 33, § 88C State sponsored life insurance

c. 33, § 88C. State sponsored life insurance Section 88C. The National Guard Association of Massachusetts shall be the designated provider of state sponsored life insurance products offered through insurers licensed to transact insurance business in the commonwealth for military members of the armed forces of the commonwealth and such members' dependents. The military division, through the adjutant general, is hereby designated as the official departmental sponsor of the Massachusetts National Guard State Sponsored Life Insurance Program, and shall allow, facilitate and coordinate all efforts to make the program available to all members of the armed forces of the commonwealth and such members' dependents, and shall allow, facilitate, and coordinate requested allotments with the appropriate United States Property and Fiscal Office.

M.G.L. c. 33, § 89 Use of private automobiles; conditions

c. 33, § 89. Use of private automobiles; conditions Section 89. Under an order issued by the commander-in-chief, the adjutant general, in the name and on behalf of the commonwealth, may, for military use, accept the gift or loan of a motor vehicle, or the grant of the temporary right to the use and control of a motor vehicle, or hire or purchase a motor vehicle in the event— (1) An enemy at war with the United States shall commence or threaten operations to endanger the peace or safety of the commonwealth; or (2) Of tumult, riot, mob, natural disaster, or public catastrophe within the purview of section forty-one; or (3) Any unit of the armed forces of the commonwealth shall be directed or authorized by order of the commander-in-chief to participate or engage in any military training, exercise or duty in which the use of motor vehicles in excess of the number issued to such unit may be required.

M.G.L. c. 33, § 90 Board of compensation; powers and duties; payment of claims

c. 33, § 90. Board of compensation; powers and duties; payment of claims Section 90. Claims against the commonwealth for compensation under section 88 shall be referred to a board of 3 officers with a grade of major or higher, including a judge advocate and a medical or medical service officer in the military forces of the commonwealth, appointed by the commander-in-chief. In consideration of the claim, the board shall, except as otherwise provided in section 88, take into account any compensation received by the claimant or the claimant's dependents from the United States. The board shall have the same power as the division of industrial accidents to take evidence, administer oaths, issue subpoenas and compel witnesses to attend, testify and produce books and papers. The findings of the board shall be subject to the approval of the adjutant general. The amounts so found due and so approved shall be a charge against the commonwealth and shall be paid in the same manner as other military accounts.

M.G.L. c. 33, § 93 Subrogation

c. 33, § 93. Subrogation Section 93. Where the damage or injury for which compensation is claimed under section ninety was caused under circumstances creating a legal liability in some person other than the commonwealth to pay damages in respect thereof, the commonwealth may enforce, in the name of the claimant or in its own name and for its own benefit, the liability of such other person. The sum recovered shall be for the benefit of the commonwealth unless such sum is greater than that paid by it to the claimant, in which case four fifths of the excess shall be paid to the claimant.

M.G.L. c. 33, § 94 Persons temporarily employed by armed forces; status; right to compensation

c. 33, § 94. Persons temporarily employed by armed forces; status; right to compensation Section 94. No person performing any services under section 88 shall, by reason of the services, be considered an employee of the commonwealth or, if not already an officer or enlisted person of the military division, to be an officer or enlisted person, or to be entitled to receive any pension or retirement allowance, or to have acquired any right or to be entitled to receive any other benefit or compensation. A person claiming the right to receive compensation under section 88 shall, within a reasonable time after receiving an injury or contracting a sickness or disease while performing services referred to in said section 88, give to the adjutant general notice of the name and place of residence of the person and the time, place and cause of the injury, sickness or disease. The notice shall be in writing and signed by the person claiming compensation or by someone on behalf of the person.

M.G.L. c. 33, § 96 Authorization; administration; bond of custodian; distribution on disbandment of unit

c. 33, § 96. Authorization; administration; bond of custodian; distribution on disbandment of unit Section 96. Organization and unit funds, subject to available appropriations, shall be maintained and conducted as the adjutant general may prescribe in regulations. The administration of the funds by the officer designated in regulations to have custody of the funds shall be a duty of the office of the officer. Upon the disbandment of any organization or unit maintaining a fund as provided in this section, the adjutant general shall immediately become custodian or treasurer of the fund and shall distribute the funds to organizations or units as the adjutant general may determine to be equitably entitled to the funds or, if no organization or unit is so entitled, shall draw a check for the total amount on deposit in favor of the state treasurer who shall hold the funds or shall expend them as the general court may prescribe; provided, however, that in the case of organizations or units ordered into the active service of the United States, the adjutant general or a designee may act as custodian of the funds during the period of active service of the United States.

M.G.L. c. 33, § 97 Allowances for administration and maintenance

c. 33, § 97. Allowances for administration and maintenance Section 97. There may annually, subject to available appropriations, be allowed and paid quarterly from money appropriated for the purpose in substantially equal installments under regulations as may be promulgated by the adjutant general to the organizations and units of the armed forces of the commonwealth, when not in federal service, appropriate sums for administration and maintenance.

M.G.L. c. 33, § 98 Uniforms

c. 33, § 98. Uniforms Section 98. The uniform of the military forces of the commonwealth shall be prescribed by the adjutant general or applicable regulations. No uniforms shall be provided by the commonwealth without a special appropriation.

M.G.L. c. 33, § 99 Unauthorized use of uniform; penalties

c. 33, § 99. Unauthorized use of uniform; penalties Section 99. Whoever, not being in the service of the armed forces of the United States or of the commonwealth, appears in public wearing the distinctive uniform of any branch of such service shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 6 months or both. This section shall not apply to: (i) any person discharged from such service, for any cause other than the own unworthiness of the person, wearing a uniform to take part in any military or naval parade or on any occasion of ceremony; or (ii) any person in the service of the armed forces of the United States, discharged for any cause other than the own unworthiness of the person, wearing the uniform from the place of discharge to the home of the person. A person found to have violated this section may be arrested without a warrant by any officer qualified to serve criminal process; provided, however, that nothing in this section shall subject to penalty any action with respect to the wearing of uniforms of the armed forces of the United States which is authorized by federal law.

M.G.L. c. 33, § 101 Unit clothing and equipment; issuance

c. 33, § 101. Unit clothing and equipment; issuance Section 101. Except as otherwise provided, units of the military forces of the commonwealth shall be provided, at the expense of the commonwealth, with the individual and unit clothing and equipment necessary for their proper training and performance of military duties. Individual and unit clothing and equipment shall be issued in the manner prescribed by the adjutant general.

M.G.L. c. 33, § 102 Unit clothing and equipment; regulation of use

c. 33, § 102. Unit clothing and equipment; regulation of use Section 102. Individual and unit clothing and equipment so provided shall be used only for military purposes, under regulations promulgated by the commander-in-chief, who shall provide how and where such property shall be kept and used, and shall be returned when directed by the adjutant general.

M.G.L. c. 33, § 103 Use, care and return of military property

c. 33, § 103. Use, care and return of military property Section 103. An officer or enlisted person shall be responsible for the proper care, safekeeping and return, when so directed, of all items of military property issued by the United States or the commonwealth. Service members shall use the items of military property for military purposes only and, upon being discharged, transferred or otherwise separated from military service or upon the demand of a commanding officer, shall immediately deliver the items to the commanding officer or any officer ordered to receive them in good order and condition, fair wear of the items excepted.

M.G.L. c. 33, § 105 Loss or damage to military property; liability; restitution

c. 33, § 105. Loss or damage to military property; liability; restitution Section 105. An officer or enlisted person of the military forces of the commonwealth who damages, loses through carelessness or neglect, carries away or unlawfully disposes of military property of the United States or of the commonwealth, shall be charged with the money value thereof, as determined by an investigating officer or board of survey detailed or appointed by the adjutant general to investigate and report upon the case. Such investigating officer or board of survey shall submit with the report all the evidence bearing upon the loss, damage or disposition of the property.

M.G.L. c. 33, § 107 Unlawful purchase or possession of military property; penalty

c. 33, § 107. Unlawful purchase or possession of military property; penalty Section 107. A person who knowingly purchases, retains or has possession of any item of military property of the United States or the commonwealth, unless the military property was issued to the person or is in possession in accordance with law, shall be punished by a fine not to exceed 10 times the value of the military property.

M.G.L. c. 33, § 108 Custodians of military property; bond; duties; accountability

c. 33, § 108. Custodians of military property; bond; duties; accountability Section 108. An officer or noncommissioned officer of the armed forces of the commonwealth to whom monies or public property are at any time issued may be required to give bond to the commonwealth, in an amount and with such sureties as may be determined by the adjutant general and conditioned upon the faithful performance of the duties of the officer, accounting properly for all monies or property received by virtue of the assignment and duties during the term of the bond and turning over to the immediate successor of the officer or other officer designated by the adjutant general all records, reports, monies or property for which the officer is accountable as provided in section 112.

M.G.L. c. 33, § 109 Use of schedule bonds

c. 33, § 109. Use of schedule bonds Section 109. The adjutant general may arrange for such schedule bond as the adjutant general considers advisable to take the place of individual bonds required by law from any officer or officers or noncommissioned officer or officers of the armed forces of the commonwealth. Each such schedule bond shall be with surety satisfactory to the adjutant general and conditioned that the officers and noncommissioned officers holding the positions specified in said bond shall faithfully perform the duties of their respective offices; and it shall contain such other conditions or provisions as may be required by law.

M.G.L. c. 33, § 110 Premiums on bonds; payment

c. 33, § 110. Premiums on bonds; payment Section 110. The premium due to any surety company for acting as surety on any bond given under the provisions of sections fifteen, one hundred and eight and one hundred and nine shall be paid by the commonwealth.

M.G.L. c. 33, § 111 Custodians of military property; powers and duties

c. 33, § 111. Custodians of military property; powers and duties Section 111. (a) A service member shall be responsible for military property of the United States and the commonwealth that the service member receives and the service member shall not sell, loan or transfer the military property or any part of the property without the authority of the adjutant general. An officer or enlisted person shall be liable to the commonwealth for all military property that is defaced, injured, destroyed or lost by neglect or default of the officer or enlisted person or for its value, which shall be recovered in an action of tort brought by the state judge advocate in the name of the commonwealth. (b) A service member shall exercise the strictest care and vigilance for the preservation of the individual and unit clothing and equipment and other property furnished by the service member's commands and, in the case of any loss of, or damage to, the clothing, equipment or other property by the service member's neglect or default, the service member shall be subject to appropriate punishment under this chapter. (c) If an officer or enlisted person neglects or refuses to return any military property of the United States or the commonwealth or of any unit, or to account satisfactorily for it to the officer responsible for its custody or to the officer ordered to receive it, the custodian or officer may make a written complaint directly to the colonel of state police describing the missing property. Upon receipt of the complaint, the state police shall make diligent search for the property and shall take possession of the military property and turn the military property over to the officer responsible for its custody.

M.G.L. c. 33, § 112 Accounting for military property upon change of command or disbandment

c. 33, § 112. Accounting for military property upon change of command or disbandment Section 112. (a) An officer of the military forces of the commonwealth, upon vacating an office, shall turn over to an immediate successor or other officer designated by the commander-in-chief all records, reports and military property in the officer's possession belonging or in any way pertaining to the office. (b) Upon the disbandment of any unit which has received military property for military use, the service members responsible for the property shall return the property to the officer ordered to receive the property. (c) Until the service member responsible for the military property or a legal representative receives from the adjutant general notice that the property accounts of the service member have been found correct, the liability of the service member or the estate of the service member for military property shall continue. Upon the death or desertion of a service member responsible for military property, the immediate commanding officer shall immediately cause the property to be collected and a correct inventory made by physical count and examination. The inventory shall be forwarded to the adjutant general and compensation for any shortage may be recovered as provided in subsection (a) of section 111.

M.G.L. c. 33, § 113 Inspection and condemnation of military property; reports

c. 33, § 113. Inspection and condemnation of military property; reports Section 113. A state surveying officer or a board of officers designated by the commander-in-chief shall inspect and condemn military property of the commonwealth unfit for use. No such property shall be sold or otherwise disposed of until it has been inspected and condemned, and the condemnation approved by the commander-in-chief, except that subsistence stores of a perishable nature, which would spoil before action could be taken by the state surveying officer or a board as above provided, may be sold, or given to a non-sectarian charitable institution by the officer responsible therefor, after investigation by an officer detailed by the commanding officer of the organization. The report of the investigation, approved by the commanding officer, shall be forwarded by the responsible officer. The proceeds of any sales made hereunder shall be paid to the military division of the commonwealth.

M.G.L. c. 33, § 114 Lease of military property

c. 33, § 114. Lease of military property Section 114. The commander-in-chief may lease to, or permit to be used by, the armed forces of the United States, military property belonging to the commonwealth, upon such terms and conditions as will fully protect the interests of the commonwealth.

M.G.L. c. 33, § 116 Acceptance of gifts

c. 33, § 116. Acceptance of gifts Section 116. The adjutant general, with the approval of the commander-in-chief, may accept on behalf of the commonwealth any gift or bequest of personal property to or for the use of the military forces of the commonwealth, and shall forthwith transfer any money or securities so received to the state treasurer who shall administer the same as provided in section seventeen A of chapter ten.

M.G.L. c. 33, § 117 Establishment; responsibility of cities and towns; penalty for noncompliance

c. 33, § 117. Establishment; responsibility of cities and towns; penalty for noncompliance Section 117. Cities and towns shall provide for units of the armed forces of the commonwealth not provided with a state armory or air installation, and permanently stationed within their limits, adequate facilities, including a suitable hall for the purpose of drill, and suitable rooms, properly equipped, annexed thereto for the assemblies of such units, for administrative work, and for the safekeeping of military property. They shall provide for such facilities the necessary fuel, lights, water, janitor service and necessary repairs, or shall make a reasonable monetary allowance therefor to the commonwealth. Where two or more units of the armed forces of the commonwealth are permanently stationed in the same city or town, the city or town may, instead of providing each with a suitable hall for drill, provide one or more halls to be used by the units in common. Any city or town failing to comply with this section shall forfeit to the commonwealth a sum not exceeding five thousand dollars for each year, for each unit, during which such failure continues, to be recovered upon an information in equity brought in the superior or supreme judicial court by the attorney general at the relation of the adjutant general. Any amount so forfeited shall be credited to the armory appropriation for the fiscal year in which the forfeiture occurs.

M.G.L. c. 33, § 118 Rentals

c. 33, § 118. Rentals Section 118. For each armory, air installation or adequate facility maintained by a city or town, or privately owned, there shall annually be allowed and paid by the commonwealth such rental as has been mutually agreed upon.

M.G.L. c. 33, § 119 Rental bills; contents; filing; payment

c. 33, § 119. Rental bills; contents; filing; payment Section 119. The mayor or city manager of a city, or the selectmen of a town, providing an armory, air installation or adequate facilities for the use of the armed forces of the commonwealth, shall annually submit, on or before June first, to the state quartermaster, through the senior commanding officer stationed therein, a bill for the rental thereof. All such bills shall give the designation and location of each armory, air installation or facility and the designation of each unit quartered therein. The state quartermaster shall annually, not later than June thirtieth, file with the state comptroller his certificate, stating the sum allowed for each armory, air installation or facility, the designation of each unit occupying it, and the city or town making the return, and thereupon he shall notify the mayor or selectmen of the sum allowed, which shall be paid to the city or town.

M.G.L. c. 33, § 120 Armories furnished by state; effect on municipal responsibility

c. 33, § 120. Armories furnished by state; effect on municipal responsibility Section 120. When any armory or air installation is furnished by the commonwealth in any city or town, the adjutant general shall notify the city or town where such armory or air installation lies, and thereupon all obligations of said city or town as to said armory or air installation under section one hundred and seventeen, and all allowances and payments by the commonwealth for rent, shall cease, as to the units quartered in said armory or air installation.

M.G.L. c. 33, § 122 Lease, rent or use of armory for nonmilitary purpose

c. 33, § 122. Lease, rent or use of armory for nonmilitary purpose Section 122. The adjutant general may lease, rent or permit the use of an armory or part thereof for nonmilitary purposes, by any federal or state governmental entity, or any other user, under such restrictions and for such compensation, if any, as the adjutant general may by regulation prescribe. The adjutant general shall apply any compensation received to the cost of maintaining the armory.

M.G.L. c. 33, § 126 Armory commission; powers and duties in respect to location and rejuvenation of armories and air installations; method of acquiring land

c. 33, § 126. Armory commission; powers and duties in respect to location and rejuvenation of armories and air installations; method of acquiring land Section 126. The armory commission shall rebuild, remodel or repair state armories or air installations damaged or destroyed and may reconstruct, remodel, enlarge or otherwise improve existing state armories or air installations if it deems the needs of the service so require. The commission shall construct additional armories or air installations until the armed forces of the commonwealth shall be provided with adequate quarters. The armory commission shall designate the location of armories and air installations to be constructed and shall immediately, on behalf of the commonwealth, take by eminent domain under chapter 79 or acquire by purchase or otherwise suitable lots of land in the respective cities or towns designated and shall erect, furnish and equip thereon armories or air installations sufficient for 1 or more units of the armed forces of the commonwealth as it considers necessary; provided, however, that no land shall be acquired and no buildings shall be erected, reconstructed, remodeled or enlarged until the site and plans and the total amount to be authorized for the site and plans have been approved by the commander-in-chief. The armory commission may, on behalf of the commonwealth and with the approval of the commander-in-chief, take by eminent domain under chapter 79 or acquire by purchase or lease, land suitable for ranges for target practice for the armed forces of the commonwealth and upon such land may, with the approval of the commander-in-chief, erect such buildings and construct such facilities as may be needed. Land acquired by purchase under this section shall be paid for by the commonwealth upon the execution of such a release or conveyance as shall be prescribed by the attorney general. The armory commission may, on behalf of the commonwealth and with the approval of the commander-in-chief, dispose of an armory or air installation whenever it considers that the continued existence of such armory or air installation no longer suitably or efficiently serves the purposes of the armed forces of the commonwealth either due to obsolescence or changes in the defense requirements.

M.G.L. c. 33, § 130 Drills or parades by armed citizens or foreign troops; conditions

c. 33, § 130. Drills or parades by armed citizens or foreign troops; conditions Section 130. The commander-in-chief may prescribe rules and regulations under which bodies of citizens of the United States, or foreign troops to whose admission to the United States the government of the United States has consented, may drill or parade with firearms or harmless imitations thereof. The commander-in-chief may authorize the use by any such body of any state armory or air installation for drill or training.

M.G.L. c. 33, § 131 Unauthorized parades by armed citizens; unlawful maintenance of armories; penalties

c. 33, § 131. Unauthorized parades by armed citizens; unlawful maintenance of armories; penalties Section 131. Whoever violates any provision of section one hundred and twenty-nine or one hundred and thirty shall be punished by a fine of not more than $500 or by imprisonment for not more than six months, or both.

M.G.L. c. 33, § 132 Ancient and honorable artillery company; rights preserved

c. 33, § 132. Ancient and honorable artillery company; rights preserved Section 132. This chapter shall not affect the right of the Ancient and Honorable Artillery Company of Massachusetts to maintain its organization as a military company and its constitution and by-laws in so far as the same are not repugnant to the laws of the commonwealth or of the United States.

M.G.L. c. 33, § 133 Civil officers; penalties for violation of chapter

c. 33, § 133. Civil officers; penalties for violation of chapter Section 133. Civil officers named in this chapter who neglect or refuse to obey any of its provisions shall, except as otherwise expressly provided, forfeit not less than $200 nor more than $500.

M.G.L. c. 33, § 134 Corps of cadets; rights preserved

c. 33, § 134. Corps of cadets; rights preserved Section 134. The First Corps of Cadets and the Second Corps of Cadets shall be organized as the commander-in-chief directs, and may retain their respective names, the right to wear such distinctive uniforms as may be approved from time to time by the commander-in-chief, and retain their ancient privileges as prescribed in Title 32 of the United States Code.

M.G.L. c. 33, § 135 National guard; representation at conventions

c. 33, § 135. National guard; representation at conventions Section 135. The adjutant general may appoint delegates from the National Guard Association of Massachusetts, Inc. to represent the national guard, army and air, of the commonwealth at the annual conventions of the National Guard Association of the United States. Said adjutant general may also appoint delegates from the Massachusetts National Guard Enlisted Association to attend the annual conventions of the Enlisted Association of the National Guard of the United States. The necessary expenses of the delegates so appointed from the active national guard, army or air, may be paid out of military appropriations; provided, however, that no more than a total of thirty delegates shall be appointed annually to attend said conventions; and provided, further, that at no time shall the total amount of expenses paid to any delegate so appointed exceed the rate determined by the human resources division.

M.G.L. c. 33, § 137 National guard education assistance program

c. 33, § 137. National guard education assistance program Section 137. There shall be a Massachusetts national guard education assistance program. The program shall be administered by the military division which may issue a certificate of exemption from the matriculation fee and tuition to any member of the Massachusetts army or air national guard who is enrolled at any state institution in a program the cost of which is borne by the commonwealth and who is qualified as provided in this section. This certificate shall remain in effect for 1 full academic year and shall be renewed after the student has completed a full academic year of work equal to 30 semester hours, in accordance with regulations prescribed by the military division. A certificate may therefore be in effect for more than 1 year. To receive benefits from the program, the member shall be a member in good standing of the active Massachusetts army or air national guard at the beginning of each semester that benefits are payable and shall remain a member in good standing of the active Massachusetts army or air national guard throughout the entire semester for which benefits are payable. Assistance shall continue for the benefit of the member only during such time as the member remains a student in good standing at the institution in which the member is enrolled; provided, however, that no student shall receive the benefits for more than 130 semester hours. Enrollment of a member in a course at any such institution shall be dependent on the availability of seats. For the purposes of this section, ''availability of seats'' shall mean vacancies that exist in a course after the enrollment of all tuition-paying students and all students who are enrolled under any scholarship or tuition waiver provisions.

M.G.L. c. 33, § 137A National guard family education program

c. 33, § 137A. National guard family education program Section 137A. (a) For the purposes of this section the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Availability of seats'', vacancies that exist in a course after the enrollment of all tuition-paying students and all students who are enrolled under any scholarship or tuition waiver provisions. ''Dependents'', immediate family members of a member who are enrolled in the Defense Enrollment Eligibility Reporting System in connection with the member. ''Member'', a Massachusetts army or air national guard member eligible pursuant to subsection (d). (b) There shall be a Massachusetts national guard family education program. The program shall be administered by the military division and shall allow qualified members pursuant to subsection (d) to transfer tuition benefits pursuant to section 137 to their dependents. (c)(1) The Massachusetts national guard family education program may issue a certificate of exemption from the matriculation fee and tuition to specified dependents of members enrolled in a program at any public institution of higher education listed under section 5 of chapter 15A who are qualified as provided in this section, the cost of which shall be borne by the commonwealth. The credit total of tuition benefits shall not exceed 130 semester hours per member, including hours transferred to a member's dependents. (2) The military division shall maintain a record of tuition and fee credit totals of each member, including semester hours per member. (3) Dependents shall use their specified credit allotment within 10 years of member separation from service or by the age of 26, whichever date is later. (d) Unless a member has more than 20 years of military service, to be eligible for the program the member shall: (i) extend their current service obligation or reenlist for national guard education assistance program benefits pursuant to section 137 after completing their initial 6–year military service obligation to the Massachusetts army or air national guard; (ii) be eligible to serve an additional 6–year enlistment from the date of extension or reenlistment; (iii) be in good standing and a satisfactory participant in the Massachusetts army or air national guard; and (iv) have not previously used the maximum tuition benefits pursuant to section 137. (e) Members may split their national guard education assistance program tuition benefits, pursuant to section 137, between dependents. The combined total of semester hours for members and their dependents shall not exceed 130 semester hours total. (f) Enrollment of a dependent in a course at any public institution of higher education shall be subject to the availability of seats.

M.G.L. c. 33, § 138 Joint Base Cape Cod fire department

c. 33, § 138. Joint Base Cape Cod fire department Section 138. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Chief'', the chief of the Joint Base Cape Cod fire department. ''Department'', the Joint Base Cape Cod fire department. ''Joint Base Cape Cod'', approximately 22,000 acres of land owned by the commonwealth in Barnstable county established under chapter 196 of the acts of 1935 and used primarily for military purposes. (b) There shall be within the military division a Joint Base Cape Cod fire department. The department shall provide air crash crew and fire protection services on the Joint Base Cape Cod. The department shall be under the supervision and control of the chief of the Joint Base Cape Cod fire department. The chief shall be appointed by the adjutant general and may be removed by the adjutant general for cause after a hearing. The chief shall have charge of extinguishing fires on the Joint Base Cape Cod and the protection of life and property in the event of fire, aircraft mishap or explosion. The chief shall enforce all applicable state and federal fire laws and codes. The chief shall purchase, subject to the approval of the adjutant general or the adjutant general's designee, and maintain all apparatus used by the fire department and shall make other necessary expenditures subject to such further limitations as the adjutant general or the adjutant general's designee may prescribe. The chief shall enter into mutual aid agreements with surrounding cities and towns as necessary. The chief shall have and exercise all the powers and discharge all the duties conferred or imposed by statute upon engineers in towns, except as otherwise provided by chapter 48. The chief shall appoint a deputy chief and such officers and firefighters as the chief considers necessary and may remove the deputy chief, officers and firefighters for cause after a hearing, subject to any applicable collective bargaining agreement. The chief, deputy chief, officers and firefighters shall be civilian employees of the military division and shall not be subject to General Laws establishing a civil service system. New uniformed members of the department shall be subject to sections 61A and 61B of chapter 31. Except as otherwise provided in this section, the chief shall administer the department. The chief shall make rules and regulations for its operation, shall report annually to the adjutant general or the adjutant general's designee on the condition of the department and at such other times as the adjutant general or the adjutant general's designee shall request.

M.G.L. c. 33, § 139 Protection of assets classified as vital to national security

c. 33, § 139. Protection of assets classified as vital to national security Section 139. Subject to conditions and limitations as promulgated in regulations by the commander-in-chief, the national guard may use all appropriate means necessary to protect assets vital to national security classified as such according to rules, regulations or instructions promulgated by the United States Department of Defense or the military departments of the United States Department of Defense or as otherwise ordered by the commander-in-chief.
Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleV/Chapter33Fetched: 10/20/2026

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