less than forty-five years of age, able-bodied, free from disease, of good character and temperate habits, may be enlisted in the national guard of this state, under the restrictions of this article, for a term of not less than three years; provided, that any man having served one enlistment satisfactorily in the national guard of this state, or in the United States army or navy, may re-enlist for one, two or three years at his option; and provided, further, that boys may be enlisted as musicians if more than sixteen years of age. No minor shall be enlisted without the written consent of his parent or guardian. A man who has been expelled or dishonorably discharged from any military organization of the state or the United States shall not be eligible for enlistment or re-enlistment unless he produce the written consent to such enlistment of the commanding officer of the organization from which he was expelled or dishonorably discharged. Men who have been discharged by reason of disbandment may be enlisted and shall then receive eredit for the period served at the time of such disbandment. Chief musi cians, principal musicians, and drum majors, members of the hospital corps, and musicians may be enlisted as such. [Amendment approved March 9, 1911; Stats. 1911, p. 327.] Honorable discharge. Dishonorable discharge. § 1985. An honorable discharge shall be issued under the following circumstances: viz., to a man who has faithfully performed his duties during his term of service as required by the conditions of his enlistment or re-enlistment, or during his total service, and who has been lawfully relieved of all responsibility for public property issued to him, and from all accountability to his organization. Unless unavoidable circumstances intervene such discharge will be furnished an enlisted man at once upon the expiration of his term of service, which term will date from the taking of the oath of enlistment or re-enlistment. Proper steps shall be taken in due time for the settlement of the enlisted man's accounts and responsibility for property, and forwarding the necessary papers so as not to withhold the discharge after it is due. Any enlisted man may be honorably discharged before the expiration of his term of service by order of the commanding officer of a regiment of the coast artillery corps, of the naval militia, or unattached battalion or squadron, or, if a member of an unattached company or troop, by the brigade commander or the commander-in-chief, upon the recommendation of his commanding officer, for any of the following reasons: To accept promotion by commission; Upon removal of residence from the state, or out of the bounds of the command to which he belongs to so great a distance that, in the opinion of the commanding officer, he cannot properly perform his military duty; Upon disability established by the certificate of a medical officer; At the discretion of the officers authorized to issue discharges upon the recommendation of the company, troop, or other immediate commander, when the man seeking discharge shall make application and furnish satisfactory proof under oath that further service in the national guard will entail great loss and unusual hardship upon him. Discharge for such reasons shall not be granted when a man is ordered into active service, or until he shall have served one year of the term of enlistment in force at the time of his application for such discharge. To a man rendered supernumerary by the reduction of the organization of which he is a member; or who is a member of an organization which may be disbanded. A dishonorable discharge shall be issued: To a man sentenced by a general court-martial to be discharged; To a man for neglecting or refusing to pay any fine imposed by a military court within thirty days after it was imposed. A discharge without honor may be issued: By sentence of a general or summary court-martial; Whenever the commanding officer of a company shall approve the application of two-thirds of the members of the company for the discharge of an enlisted man thereof; provided, that at a regular meeting of the company, or at a meeting called for that purpose, two-thirds of the members of the company desire by vote the discharge of one of their members; To a man whose immediate commanding officer applies for his discharge without honor. The application for such discharge shall be directed to the officer authorized to issue it, and shall briefly state the grounds on which the discharge is applied for. The man whose discharge is applied for shall be entitled to be heard in person to explain the statements contained in the application and shall have ten days' notice of such hearing, a copy of the application, and of the notice of time and place of hearing, shall be served on the man in the same manner as warnings for duty are given. If the officer authorized to issue the discharge approves of the application of the immediate commanding officer after the conclusion of the hearing above provided for, he will issue the discharge, and if he disapproves, the man will not be discharged; The officers authorized to issue discharges may, also, upon application of company commanders, discharge without honor, if convinced after proper investigation that such discharge should be issued, any enlisted inan who habitually absents himself from the drills and instructions of his organization, or has shown a lack of interest in his military work sufficient to warrant the same; Or any enlisted man may be discharged for the good of the service by the commanding officer of the regiment, coast artillery corps or unattached battalion or squadron, or if a member of an unattached company or troop, by the brigade commander, or in other instances by the commander-in-chief, upon the recommendation of a company or troop commander and after a careful investigation by the officer issuing the discharge. The officers authorized to issue the discharges hereinbefore specified are: The commanding officer of a regiment, or of a battalion or squadron not part of a regiment or the coast artillery corps; the commanding officer of a brigade for any organization attached to the brigade and not above specified; the commanding officer of the naval militia, and the commander-in-chief. [Amendment approved March 9, 1911; Stats. 1911, p. 328.] Annual inspection. § 2008. The entire national guard and naval militia shall be inspeeted at their home stations at least once in each year; provided, however, the inspection made by the United States government, through its army and navy officers, may be accepted by the commander-in-chief in his discretion as and for the state and no other inspection ordered for that year. [Amendment approved March 9, 1911; Stats. 1911, p. 329.] Service medal. § 2011. The state shall provide a service medal or bar of appropriate design and material, to be issued for ten, fifteen, twenty, and twentyfive years of service on the active list of the national guard. There shall be no other or different medals or bars for such service. Such medals or bars shall be prepared and issued free of cost to those entitled to same, by the adjutant general, only upon application of the party entitled thereto, and upon proof of such service from the records of the national guard. [Amendment approved March 9, 1911; Stats. 1911, p. 330.] For officers' uniforms. § 2078. All officers shall receive at the conclusion of each fiscal year the sum of twenty-five dollars to assist in uniforming and equipping themselves, provided they have served as such the entire twelve months comprising such fiscal year, and if not, then such proportion of said sum as the time served bears to said year; provided, further, that personal aids-de-camp of the commander-in-chief shall not receive such allowance except those detailed from the active list. [Amendment approved March 9, 1911; Stats. 1911, p. 330.] Armory rent, care of arms, etc. Rent and clerical expenses. For band. Target practice. § 2079. There must be audited and allowed by the adjutant general and paid out of the appropriation for military purposes, upon the warrant of the state controller, to the commanding officer of each infantry, coast artillery, or engineer company of the national guard, and each division of the naval militia, except the engineer division of the naval militia, the sum of one hundred dollars per month; to the commanding officer of each machine gun company, company of signalmen, troop of eavalry, battery of field artillery, and of the engineer division of the naval militia the sum of two hundred dollars per month; the sums so paid to be used for armory rent, care of arms, and proper incidental expenses of the company, troop, battery, or division. There must be allowed, audited, and paid out of the same appropriation, to the commanding officer of each brigade the sum of two hundred dollars per month; to the commanding officer of each regiment, and of the naval militia, and to the chief of coast artillery the sum of one hundred and fifty dollars per month; to the commanding officer of each unattached battalion or squadron the sum of fifty dollars per month; the sums so paid to be used for rent of headquarters, clerical expenses, stationery, printing, postage and proper incidental expenses of the commanding officer of the organization for which said sums are audited, allowed and paid. If any regiment, the naval militia, the coast artillery corps, or unattached battalion has attached to it a uniformed and organized band of not less than twenty-eight people, to the commanding officer of such regiment, naval militia, corps or battalion, the additional sum of seventy-five dollars per month for such band; to the surgeon general the sum of twenty-five dollars per month for rent and proper incidental expenses; and to the adjutant general the sum of ten thousand dollars per annum, to be expended by him in promoting target practice. There must be audited and allowed by the adjutant general, and paid out of the appropriation for military purposes, to the surgeon in charge of each detachment of the medical department on duty with a regiment, with the signal corps and cavalry, with the coast artillery corps, and to the chief surgeon of the naval militia, the sum of fifty dollars per month for rent and proper incidental expenses of such detachment. No claims shall be allowed under the provisions of this section except upon demands made quarterly in duplicate, signed and sworn to by the officer claiming the same, before any officer of the national guard, or notary public, and forwarded through the headquarters of the regiment, coast artillery corps, unattached battalion, squadron, or company, or naval militia, with the approval of each commanding officer through whose headquarters they are required to pass, direct to the adjutant general; provided, that the adjutant general may make expenditures at any time for the promotion of target practice out of the appropriation for that purpose herein provided for. [Amendment approved March 9, 1911; Stats. 1911, p. 330.) Allowance to companies. § 2080. The sum of two hundred and fifty dollars must be audited by the adjutant general and annually paid out of the appropriation for military purposes, to each company, troop and battery of the national guard and to each division of the naval militia. The amount so audited and allowed must be paid to the commanding officers of such organizations for the use thereof. [Amendment approved March 9, 1911; Stats. 1911, p. 330.] Claims exempt. § 2085. Claims audited and allowed as provided in this chapter are exempt from the provision of article XVIII of the Political Code. [Amendment approved March 9, 1911; Stats. 1911, p. 331.] Naval militia. § 2112. (1) The numerical strength, rank, titles, and insignia of rank of the divisions of the naval militia shall conform to the laws, rules and regulations of the United States navy, so far as the same may be effectively applicable. The naval militia shall be commanded by a captain. There shall also be the following additional commissioned offieers, viz., one commander and one lieutenant commander, who, in order of rank, in the absence or disability of the superior, shall perform his duties and shall at all times assist the commanding officer in the performance of his duties; one chief engineer, with the rank of lieutenant commander; one lieutenant and navigating officer, one lieutenant and ordnance officer, one lieutenant and aid to the commanding officer of the naval militia who shall be subject to such detail as the commanding officer may designate; one lieutenant (junior grade) and assistant navigating officer, one lieutenant (junior grade) and assistant ordnance officer, one lieutenant (junior grade) and equipment officer, one ensign and assistant equipment officer, one ensign and signal officer. When more than one vessel is loaned by the United States government to the state of California for the use of the naval militia there may be for each such additional vessel one lieutenant (junior grade) and passed assistant engineer, who shall be appointed by the commander-in-chief upon the recommendation of the commanding officer of the naval militia. All the above officers shall be line officers. The captain, commander, and lieutenant commander shall be elected and hold office as prescribed in this chapter for officers of corresponding grades of regiments. All other of the above named officers shall be appointed by the commanderin-chief upon the recommendation of the commanding officer of the naval militia and shall hold office as prescribed in this title for officers of corresponding grades of regiments. The chief engineer shall be a resident of the county in which is located the engineer division of the naval militia. All elections for officers of the naval militia shall be ordered by the commander-in-chief, (2) There may also be a chaplain, who shall be of the same grade and rank as in the United States navy, and who shall be appointed by the commander-in-chief upon the recommendation of the commanding officer of the naval militia. Each division of the naval militia shall be commanded by a lieutenant, and shall include a lieutenant (junior grade), two ensigns, and not less than fifty-eight nor more than one hundred petty officers and seamen. The commissioned officers of each division shall be elected in the same manner and hold office as prescribed in this title for company officers of the national guard. Officers of the naval militia may be retired as provided in section 1963 of this |