The Uniform Code of Military Justice, Title 10, Chapter 47, United States Code; the Manual for Courts-Martial, United States, 1984, (Executive Order No. 12437 (13 April 1984), as amended); the regulations and directives of the United States military forces made applicable to the national guard; and the decisions of the United States court of military appeals and of the armed services courts of military review are adopted as the Code of Military Justice, the Manual for Courts-Martial, the regulations and the precedential case law of this state on military justice matters, respectively, except as hereinafter limited or stated within Chapter 20, Article 12 NMSA 1978. These documents shall be reasonably construed and applied so as to achieve and effect the high level of order and discipline necessary for the military forces of the state. Time standards other than periods of limitations and pretrial confinement may be waived by convening authorities or military judges where such standards would be impracticable within the traditional operations of militia forces. Where regulations and procedures for the United States army differ from those of the United States air force, the army national guard and the state defense force shall observe the regulations and procedures of the United States army and the air national guard shall observe the regulations and procedures of the United States air force. References therein and in Sections 20-12-13 through 20-12-73 NMSA 1978 to “the United States” shall mean “the state” where such meaning has reasonable application. References to “the president” or to “the secretary” (meaning the secretary of the army or the secretary of the air force) shall mean “the governor”. The adjutant general may by regulation prescribe practical changes or variances from the procedural provisions of the Uniform Code of Military Justice, from the Manual for Courts-Martial or from service regulations subservient thereto.
History: 1978 Comp., § 20-12-2, enacted by Laws 1987, ch. 318, § 87; 1989, ch. 337, § 7.
ANNOTATIONS
Cross references. — For the Uniform Code of Military Justice, see 10 U.S.C. § 801 et seq.
The 1989 amendment, effective June 16, 1989, in the third sentence from the end, inserted “and in Sections 20-12-13 through 20-12-73 NMSA 1978”; and added the last two sentences.