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

(Code 1915, Sec. 297;40 Del. Laws, c. 73, Sec. 1; Code 1935, Sec. 260; 47 Del. Laws, c. 329, Sec. 2; 20 Del. C. 1953, Sec. 124; 64 Del. Laws, c. 258, Sec. 1.) (94)

Sec. 127. Military staff of Governor. (95)(Text)

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. (96)

(64 Del. Laws, c. 258, Sec. 1.) (97)

Sec. 128. Duties of Department of Military Affairs. (98)(Text)

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: (99)

(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. (100)

(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. (101)

(3) Establish awards and decorations and approve the design therefor. (102)

(64 Del. Laws, c. 258, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (103)

Sec. 129. Commissioned and warrant officers; oath and term of appointment. (104)(Text)

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. (105)

(20 Del. Laws, c. 392, Sec. 19; Code 1915, Sec. 302; 32 Del. Laws, c. 22, Sec. 1; Code 1935, Sec. 265; 20 Del. C. 1953, Sec. 128; 64 Del. Laws, c. 258, Sec. 1.) (106)

Sec. 130. Regulations as to appointment of officers and other matters. (107)(Text)

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. (108)

(Code 1915, Sec. 299; 32 Del. Laws, c. 22,Sec. 1; Code 1935, Sec. 262; 20 Del. C. 1953, Sec. 127; 64 Del. Laws, c. 258, Sec. 1.) (109)

Sec. 131. Enlistment and oath. (110)(Text)

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. (111)

(20 Del. Laws, c. 392, Sec. 10; 24 Del. Laws, c. 62, Sec. 1; Code 1915, Sec. 300; 32 Del. Laws, c. 22, Sec. 1; Code 1935, Sec. 263; 20 Del. C. 1953, Sec. 129; 64 Del. Laws, c. 258, Sec. 1.) (112)

Sec. 132. Death of veteran personnel; state flags to half-staff. (113)(Text)

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. (114)

(73 Del. Laws, c. 394, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (115)

Sec. 133. Retirement of officers and enlisted personnel. (116)(Text)

Repealed by 73 Del. Laws, c. 263, Sec. 1, eff. May 17, 2002. (117)

Sec. 134. Retirement of officers and enlisted personnel -- Rights of retired officers and enlisted personnel. (118)(Text)

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. (119)

(24 Del. Laws, c. 62, Sec. 2; Code 1915, Sec. 324; 32 Del. Laws, c. 22, Sec. 1; Code 1935, Sec. 298; 20 Del. C. 1953, Sec. 132; 64 Del. Laws, c. 258, Sec. 1.) (120)

Sec. 135. Oaths and affirmations; who may administer; false swearing. (121)(Text)

(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. (122)

(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. (123)

(20 Del. Laws, c. 392, Sec. 55; Code 1915, Sec. 322; 32 Del. Laws, c. 22, Sec. 1; Code 1935, Sec. 296; 20 Del. C. 1953, Sec. 133; 64 Del. Laws, c. 258, Sec. 1.) (124)

Sec. 136. State armories and arsenals; use; rentals; payment of orders; application for federal funds. (125)(Text)

(a) The Adjutant General shall determine the use of armories and arsenals by military units of the Delaware National Guard. (126)

(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. (127)

(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. (128)

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