§121-1 Militia. The militia of the State shall consist of every resident able-bodied citizen of the United States who is seventeen years old or older and under forty-six years of age and all other able-bodied residents of that age who have declared their intention to become citizens of the United States. The militia shall be […]
§121-10 Administration. The adjutant general shall from time to time make and publish such orders and regulations, not inconsistent with law, as are necessary to bring the organization, armament, equipment, and discipline of the organized militia to a state of efficiency as nearly as possible approaching that of the army and air force of the […]
§121-10.5 Prisoner of war and missing in action designations. The State of Hawaii hereby recognizes the designations of prisoner of war and missing in action as valid descriptions of casualty status and category classification for military personnel. [L 2010, c 88, §1]
§121-11 Deputy adjutant general. The adjutant general may appoint and remove at the adjutant general’s pleasure a deputy adjutant general, who shall have a grade no higher than brigadier general. The deputy adjutant general shall perform duties assigned to the deputy adjutant general by the adjutant general and shall act for and in the place […]
§121-12 Staff for military components, organization. (a) The headquarters staff of the national guard shall be composed of the army national guard component, which shall include a selective service section, and the air national guard component. The headquarters shall be staffed by such officers, warrant officers and enlisted personnel, in the grades and branches of […]
§121-13 Commissioned by commander in chief. All commissioned officers of the army or air national guard shall be commissioned by the commander in chief but the commander in chief may refuse to issue a commission to any person, if in the commander in chief’s opinion, the person is in any way unqualified or unworthy to […]
§121-14 Officers and warrant officers; qualifications, appointment, tenure. Commissioned officers and warrant officers shall be citizens of the United States and shall be at least twenty-one years of age or such lower age as may be authorized for appointment as reserve officers of the army or the air force by federal laws and regulations. They […]
§121-15 Commissioned and warrant officers; transfer to inactive list, retirement, separation. Officers may be transferred to the inactive or retired lists, or separated from the service as follows: (1) An officer may be honorably discharged by reason of resignation, removal of residence from the State, failure to meet or maintain the requirements for federal recognition, […]
§121-16 Examination of officers and warrant officers. Every officer and warrant officer of the army or air national guard, except those for whom federal recognition is not required shall, upon the officer’s or warrant officer’s appointment to an office and assignment to a unit, upon official orders, appear before an examining board and successfully pass […]
§121-17 Resignations. Resignations of officers and warrant officers shall be in writing addressed to the adjutant general and shall state the reasons for the resignation. Resignations shall be transmitted through immediate commanding officers, who shall make indorsements thereon, and shall take effect when accepted by the adjutant general and announced in orders. [L 1967, c […]
§121-18 Retired list. Officers shall be placed on the retired list in the grade held at the time of retirement and may if promoted by the commander in chief be placed on such list in the next higher grade. Retired officers shall only be placed on active duty by order of the commander in chief […]
§121-19 Regulations governing armories, etc. Any law to the contrary notwithstanding, the adjutant general may make regulations to establish procedures governing the care and custody of department of defense facilities that are either set aside to the department of defense or on license from the federal government. The adjutant general may permit the use of […]
§121-2 Exemptions. The following are exempt from military duty: all persons exempted from military duty under the laws of the United States, all judges of the several courts, and the members of the legislature. [L 1967, c 196, pt of §1; HRS §121-2] Revision Note Reference to “magistrates” following “judges”, deleted as unnecessary in view […]
§121-20 Enlistment. Enlistment in the army or air national guard shall be in a manner, form, and for a period of time as may be provided by the laws of the United States, and regulations issued from time to time. No person shall be enlisted in the army or air national guard whose services during […]
§121-21 Discharge. Discharges shall be granted for the convenience of the State and for the same reasons and in like manner as are from time to time prescribed by federal laws and regulations for the army or air national guard. [L 1967, c 196, pt of §1; HRS §121-21]
§121-22 Warrants of noncommissioned officers. The warrants of noncommissioned officers and appointments of private first-class and rated specialists shall be continued in force after discharge by reason of expiration of term of service if they reenlist on the day following their discharge and the vacancy caused by their discharge has not been filled. [L 1967, […]
§121-23 Oath required. Every person appointed or commissioned as an officer or who enlists or reenlists shall sign and take an oath of allegiance to the State and the United States, in a form as may be prescribed by the regulations issued by the commander in chief. A person making a false oath as to […]
§121-24 Oaths and affirmations; false swearing; perjury. (a) All commissioned officers of the army or air national guard shall have the power to administer oaths and affirmations in all matters pertaining to or concerning military service or property, but in no case shall they charge any fee therefor. Any person who falsely swears or affirms […]
§121-25 Exemption from arrest and service. No member of the army or air national guard or of the militia of the State shall be arrested or subjected to service under any civil process while going to, remaining at, or returning from any place of military duty in pursuance of an order of the President of […]
§121-26 Relief from civil or criminal liability. Members of the army or air national guard or the militia ordered into active service of the State by any proper authority shall not be liable, civilly or criminally, for any act or acts done by them in pursuance of duty in such service. The attorney general, the […]
