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Delaware Laws | Title 20 Military and Civil Defense
CHAPTER 1. DELAWARE NATIONAL GUARD
Subchapter II. Department of Military Affairs

(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. (70)

(c) The Governor may authorize the position of Adjutant General to be held at the rank of Lieutenant General. (71)

(20 Del. Laws, c. 392, Sec. 7; 24 Del. Laws, c. 81; 25 Del. Laws, c. 80, Sec.Sec. 1-3; 27 Del. Laws, c. 74, Sec. 1; Code 1915, Sec. 297; 32 Del. Laws, c. 22, Sec. 1; 32 Del. Laws, c. 23, Sec. 10; 35 Del. Laws, c. 31, Sec. 1; Code 1935, Sec.Sec. 260, 319, 373A; 47 Del. Laws, c. 329, Sec. 2; 48 Del. Laws, c. 150, Sec. 1; 20 Del. C. 1953, Sec. 122; 50 Del. Laws, c. 407, Sec. 1; 51 Del. Laws, c. 330; 52 Del. Laws, c. 261; 54 Del. Laws, c. 57, Sec. 16; 55 Del. Laws, c. 404, Sec. 13; 56 Del. Laws, c. 316, Sec. 1; 64 Del. Laws, c. 258, Sec. 1; 76 Del. Laws, c. 242, Sec. 1.) (72)

Sec. 123. Adjutant General -- Powers and duties. (73)(Text)

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: (74)

(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. (75)

(2) Supervise the receipt, preservation, repair, distribution, issue and collection of all arms and military stores of this State. (76)

(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. (77)

(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. (78)

(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. (79)

(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. (80)

(7) Perform such other and further duties as may be required by the Commander in Chief. (81)

(8) Shall receive an annual salary as appropriated by the General Assembly. (82)

(9) Furnish the proper officers of the United States government such reports and other information as from time to time is deemed necessary. (83)

(10) Promulgate rules and regulations for the governance and discipline of the Delaware National Guard. (84)

(20 Del. Laws, c. 392, Sec. 7; 24 Del. Laws, c. 81; 25 Del. Laws, c. 80, Sec.Sec. 1-3; 27 Del. Laws, c. 74, Sec. 1; Code 1915, Sec. 297; 32 Del. Laws, c. 22, Sec. 1; 32 Del. Laws, c. 23, Sec. 10; 35 Del. Laws, c. 31, Sec. 1; Code 1935, Sec.Sec. 260, 319, 373A; 47 Del. Laws, c. 329, Sec. 2; 48 Del. Laws, c. 150, Sec. 1; 20 Del. C. 1953, Sec. 122; 50 Del. Laws, c. 407, Sec. 1; 51 Del. Laws, c. 330; 52 Del. Laws, c. 261; 54 Del. Laws, c. 57, Sec. 16; 55 Del. Laws, c. 404, Sec. 13; 56 Del. Laws, c. 316, Sec. 1; 64 Del. Laws, c. 258, Sec. 1; 70 Del. Laws, c. 186, Sec. 1; 72 Del. Laws, c. 106, Sec. 4.) (85)

Sec. 124. Assistant Adjutants General -- Rank; appointment; qualifications. (86)(Text)

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. (87)

(Code 1935, Sec. 260(a); 47 Del. Laws, c. 329, Sec. 2; 20 Del. C. 1953, Sec. 123; 64 Del. Laws, c. 258, Sec. 1.) (88)

Sec. 125. Assistant Adjutants General -- Duties in absence or disability of Adjutant General. (89)(Text)

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. (90)

(Code 1935, Sec. 260(a); 47 Del. Laws, c. 329, Sec. 2; 20 Del. C. 1953, Sec. 123; 64 Del. Laws, c. 258, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (91)

Sec. 126. Service Officers; appointment and duties. (92)(Text)

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. (93)

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