TITLE 20

Military and Civil Defense

Military

CHAPTER 1. DELAWARE NATIONAL GUARD

Subchapter II. Department of Military Affairs


The Delaware National Guard, the Delaware State Defense Forces and the Delaware militia, when not in the service of the United States, shall be governed and their affairs administered pursuant to the laws of this State, and the laws of the United States, by the Governor as Commander in Chief, through the Department of Military Affairs, which is hereby established and which shall consist of the Adjutant General as its chief executive and such other officers, warrant officers and enlisted personnel and civilian employees as the laws of the State or the laws of the United States may direct or permit. The Department of Military Affairs shall be a department of the executive branch of government in a like manner as all other such departments.

64 Del. Laws, c. 258, § 1.;

(a) The Governor shall appoint an Adjutant General, with the advice and consent of the Senate, who shall hold office at the pleasure of the Governor.

(b) To be eligible for appointment to the office of Adjutant General a person must have served as a commissioned officer of the Delaware National Guard or the armed forces of the United States.

(c) The Governor may authorize the position of Adjutant General to be held at the rank of Lieutenant General.

20 Del. Laws, c. 392, § 7; 24 Del. Laws, c. 81; 25 Del. Laws, c. 80, §§ 1-3; 27 Del. Laws, c. 74, § 1; Code 1915, § 297; 32 Del. Laws, c. 22, § 1; 32 Del. Laws, c. 23, § 10; 35 Del. Laws, c. 31, § 1; Code 1935, §§ 260, 319, 373A; 47 Del. Laws, c. 329, § 2; 48 Del. Laws, c. 150, § 1; 20 Del. C. 1953, § 122; 50 Del. Laws, c. 407, § 1; 51 Del. Laws, c. 330; 52 Del. Laws, c. 261; 54 Del. Laws, c. 57, § 16; 55 Del. Laws, c. 404, § 13; 56 Del. Laws, c. 316, § 1; 64 Del. Laws, c. 258, § 1; 76 Del. Laws, c. 242, § 1.;

The Adjutant General shall be responsible to the Commander in Chief for carrying out the policies of the Commander in Chief and shall issue orders in the Commander in Chief's name. To accomplish this end the Adjutant General shall have the following duties and the powers necessary to effectuate the same:

(1) Supervise all troops, arms and branches of the Delaware National Guard, Delaware State Defense Forces and militia, with such supervisory powers as are necessary, covering primarily all duties pertaining to their organization, armament, discipline, training, recruiting, inspection, pay, subsistence and supplies.

(2) Supervise the receipt, preservation, repair, distribution, issue and collection of all arms and military stores of this State.

(3) Maintain records of all officers and enlisted personnel of the Delaware National Guard, Delaware State Defense Forces, and Delaware militia if called to duty, and keep on file in the Adjutant General's office, or a place designated by the Adjutant General, copies of all orders, reports and communications relevant thereto.

(4) Negotiate and enter contracts on behalf of the Department of Military Affairs under the Adjutant General's jurisdiction as necessary to effectuate the purposes of this chapter, including, retirement, disability and group health benefits in accordance with appropriations therefor and enter into agreements with the Secretary of Defense of the United States or other appropriate officials for withholding sums from the compensation of such civilian employees for contributions to such benefit programs.

(5) Have a seal of office, which shall be delivered to the Adjutant General's successor at the completion of the Adjutant General's term of office. Such seal shall be approved by the Commander in Chief and shall be affixed to official documents and papers as deemed appropriate by the Adjutant General.

(6) Assist deceased service personnel's families and former service personnel or their dependents in adjusting their claims with the government and arrange for proper military funerals for service personnel from Delaware who are killed in action, or during active duty or who die overseas and are brought back to the United States for burial.

(7) Perform such other and further duties as may be required by the Commander in Chief.

(8) Shall receive an annual salary as appropriated by the General Assembly.

(9) Furnish the proper officers of the United States government such reports and other information as from time to time is deemed necessary.

(10) Promulgate rules and regulations for the governance and discipline of the Delaware National Guard.

20 Del. Laws, c. 392, § 7; 24 Del. Laws, c. 81; 25 Del. Laws, c. 80, §§ 1-3; 27 Del. Laws, c. 74, § 1; Code 1915, § 297; 32 Del. Laws, c. 22, § 1; 32 Del. Laws, c. 23, § 10; 35 Del. Laws, c. 31, § 1; Code 1935, §§ 260, 319, 373A; 47 Del. Laws, c. 329, § 2; 48 Del. Laws, c. 150, § 1; 20 Del. C. 1953, § 122; 50 Del. Laws, c. 407, § 1; 51 Del. Laws, c. 330; 52 Del. Laws, c. 261; 54 Del. Laws, c. 57, § 16; 55 Del. Laws, c. 404, § 13; 56 Del. Laws, c. 316, § 1; 64 Del. Laws, c. 258, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 106, § 4.;

The Adjutant General will be assisted by an Assistant Adjutant General of the Army National Guard in the Department of Military Affairs and an Assistant Adjutant General of the Air National Guard in the Department of Military Affairs. They shall hold the rank of Brigadier General. Such individuals shall be appointed from the active or retired list of the Army National Guard and Air National Guard respectively by the Adjutant General and shall have served as commissioned officers of the Delaware National Guard or armed forces of the United States and shall serve at the pleasure of the Adjutant General.

Code 1935, § 260(a); 47 Del. Laws, c. 329, § 2; 20 Del. C. 1953, § 123; 64 Del. Laws, c. 258, § 1.;

In case of absence or disability of the Adjutant General to perform the duties of the office of Adjutant General, the Commander in Chief shall designate 1 of the Assistant Adjutants General to serve as the Adjutant General.

Code 1935, § 260(a); 47 Del. Laws, c. 329, § 2; 20 Del. C. 1953, § 123; 64 Del. Laws, c. 258, § 1; 70 Del. Laws, c. 186, § 1.;

The Adjutant General shall designate 2 individuals of the clerical force of the Department of Military Affairs as Service Officer and Assistant Service Officer, who shall assist any active or former member of the Delaware National Guard or any resident of this State who has served in the armed forces of the United States or their husbands, wives, children or dependents in adjusting their claims with the government arising from such service.

Code 1915, § 297;40 Del. Laws, c. 73, § 1; Code 1935, § 260; 47 Del. Laws, c. 329, § 2; 20 Del. C. 1953, § 124; 64 Del. Laws, c. 258, § 1.;

The military staff of the Governor shall consist of the Adjutant General, the Assistant Adjutants General, and such personal aides-de-camp as the Governor may select. Commissioned officers of the Delaware National Guard, if detailed as aides-de-camp, shall be relieved of ordinary duties while actually on duty with the Governor but shall continue to be paid as if on ordinary duty.

64 Del. Laws, c. 258, § 1.;

The Department of Military Affairs shall assist the Adjutant General in carrying out the duties of that office and shall also consult with the Adjutant General in carrying out the following duties:

(1) Make such changes in the military organization of the Delaware National Guard as are necessary from time to time to conform to the requirements of the laws of the United States and the directives of the National Guard Bureau.

(2) Fix the location of units and headquarters of the Delaware National Guard and shall, subject to the approval of the National Guard Bureau, transfer, attach, consolidate or inactivate any organization or unit, when in its judgment the efficiency of the Delaware National Guard presently existing will be increased thereby.

(3) Establish awards and decorations and approve the design therefor.

64 Del. Laws, c. 258, § 1; 70 Del. Laws, c. 186, § 1.;

All officers known as commissioned officers and warrant officers, appointed under and by authority of this chapter shall, before entering upon the duties of their several and respective offices, take and subscribe the oath as prescribed by the National Defense Act for officers or warrant officers, as applicable, for officers of the National Guard and shall hold their appointments in conformity therewith.

20 Del. Laws, c. 392, § 19; Code 1915, § 302; 32 Del. Laws, c. 22, § 1; Code 1935, § 265; 20 Del. C. 1953, § 128; 64 Del. Laws, c. 258, § 1.;

The Governor of this State may issue such regulations governing the appointment of officers in the National Guard of this State and such other matters pertaining to the National Guard as may be necessary in order to conform to the requirements made by Congress for participation in federal appropriations for the National Guard.

Code 1915, § 299; 32 Del. Laws, c. 22, § 1; Code 1935, § 262; 20 Del. C. 1953, § 127; 64 Del. Laws, c. 258, § 1.;

Enlistment and oath of enlistment in the National Guard of this State shall be in conformity with the provisions of the National Defense Act and any amendments thereto.

20 Del. Laws, c. 392, § 10; 24 Del. Laws, c. 62, § 1; Code 1915, § 300; 32 Del. Laws, c. 22, § 1; Code 1935, § 263; 20 Del. C. 1953, § 129; 64 Del. Laws, c. 258, § 1.;

If any unit of the Delaware National Guard learns of the death of any its current or retired members, said unit may, on the day on which the deceased member is to be buried, cremated or otherwise interred or ceremoniously remembered following that member's death, lower the state flag to half-staff for the duration of the day.

73 Del. Laws, c. 394, § 1; 70 Del. Laws, c. 186, § 1.;

Repealed by 73 Del. Laws, c. 263, § 1, effective May 17, 2002.;

Retired officers and enlisted personnel shall be borne on the roster of the Delaware National Guard as so retired and shall be entitled to wear the uniform of the highest grade attained by them on all occasions of ceremony. Retired officers may, at the discretion of the Commander in Chief, with their consent be temporarily placed on active duty.

24 Del. Laws, c. 62, § 2; Code 1915, § 324; 32 Del. Laws, c. 22, § 1; Code 1935, § 298; 20 Del. C. 1953, § 132; 64 Del. Laws, c. 258, § 1.;

(a) General, field, commissioned and warrant officers may administer oaths and affirmations in all matters appertaining to or concerning the Delaware National Guard service, but in no case shall they charge any fee or compensation therefor.

(b) Whoever falsely swears or falsely affirms to any oath or affirmation administered pursuant to this section shall be deemed guilty of perjury in the second degree, a class E felony.

20 Del. Laws, c. 392, § 55; Code 1915, § 322; 32 Del. Laws, c. 22, § 1; Code 1935, § 296; 20 Del. C. 1953, § 133; 64 Del. Laws, c. 258, § 1.;

(a) The Adjutant General shall determine the use of armories and arsenals by military units of the Delaware National Guard.

(b) The Adjutant General may enter into, on behalf of the State, leases and contracts for the use of any state-owned armory, arsenal or military reservation upon such terms and conditions and for such duration as the Adjutant General deems advisable; provided, such use or occupation of any such property shall not interfere with the operation of such property by the armed forces of this State.

(c) All rentals received for the use of any such property shall be forwarded to the Adjutant General and be used to pay for the maintenance, utilities and other expenses associated with such use of said armories.

(d) No order shall be paid by the State Treasurer unless approved by the Adjutant General, or by an officer or employee designated by the Adjutant General, or unless an itemized bill or statement showing in detail the items to be paid under such order shall be attached and the contents thereof certified to be correct.

(e) The Adjutant General shall have full authority to make application to the National Guard Bureau for federal funds to improve or maintain any armory, arsenal or military reservation of this State.

26 Del. Laws, c. 41, § 3; 27 Del. Laws, c. 61, § 3; Code 1915, § 329; 32 Del. Laws, c. 22, § 1; Code 1935, § 304; 47 Del. Laws, c. 329, § 17; 20 Del. C. 1953, § 194; 64 Del. Laws, c. 258, § 1; 70 Del. Laws, c. 186, § 1.;