2016 North Dakota Century Code Title 37 Military Chapter 37-07 Enlisted Personnel
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CHAPTER 37-07
ENLISTED PERSONNEL
37-07-01. Original enlistments in national guard - Qualifications.
Any person who is a citizen of the United States, or who has declared the person's intention
to become a citizen, if within the ages set forth in the National Defense Act of 1920, as
amended, able-bodied, free from disease, of good character, and of temperate habits, may be
originally enlisted in the national guard of this state under the restrictions contained in this title
for a term of not less than three years and as provided by national guard regulations
promulgated by the secretary of defense.
37-07-02. Re-enlistment periods in national guard.
Re-enlistments in the national guard subsequent to original enlistments may be made for
such period as may be prescribed by the adjutant general in accordance with regulations
promulgated by the United States department of defense. For the purpose of this section, any
enlistment by a person who has previously served six months or more in the armed forces of the
United States must be considered a re-enlistment.
37-07-03. Enlisted men to sign contract of enlistment and subscribe to oath.
Individuals enlisting in the national guard of this state shall sign an enlistment contract and
subscribe the following oath of enlistment:
I acknowledge to have voluntarily enlisted on _____________, ______, as a soldier in
the national guard of the United States and of the state of North Dakota, for the period of
three years (or one year ______,) under the conditions prescribed by law, unless sooner
discharged by proper authority. And I do solemnly swear that I will bear true faith and
allegiance to the United States of America and to the state of North Dakota, and that I will
serve them honestly and faithfully against all their enemies whomsoever, and that I will
obey the orders of the president of the United States and of the governor of the state of
North Dakota, and of the officers appointed over me according to law, the rules of war, and
the uniform code of military justice.
37-07-04. Transfers of enlisted men.
Enlisted members of the national guard removing from one location to another in this state
may be transferred from one unit to another within the same organization upon
recommendations of the respective unit commanders concerned and approval of the
commanding officer of the organization. Transfers between organizations will be made only
upon the approval of the adjutant general.
37-07-05. Pay and allowances of enlisted national guard members - Deductions
allowed.
Each enlisted member of the national guard, when called into active service by the
governor, shall receive pay at the rate provided for enlisted personnel of similar grade, rating,
and term of enlistment in the national guard of the United States, except that such daily pay rate
for each of the grades hereafter listed must be increased by the percentage set forth after such
grade as follows:
1. E-3
55%
2. E-4
45%
3. E-5
35%
4. E-6
25%
5. E-7
15%
6. E-8
10%
Each enlisted member shall also receive transportation, shelter, and subsistence. The value of
articles issued to any member of a company or battery and not returned in good order on
demand, and all legal fines or forfeitures, may be deducted from the member's pay. Each
enlisted member shall also receive a state active duty pay enhancement of one hundred dollars
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for every fourteen consecutive days spent on state active duty. Pay at an annual encampment
must be such as is allowed by federal law.
37-07-06. Discharge of enlisted person.
An enlisted person discharged from service in the national guard, except when drafted into
the military service of the United States, shall receive a discharge in writing in such form and
with such classification as is or shall be prescribed for the regular army. In time of peace, a
discharge may be given prior to the expiration of the term of enlistment under such regulations
as the president may prescribe.
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