N.J. Stat. tit. 38A, ch. 5

N.J. Stat. tit. 38A, ch. 5
in effect

N.J. Stat. § 38A:5-1 Nominating, appointing and commissioning of officers

(a) The Governor shall nominate and appoint all general and flag officers of the militia, with the advice and consent of the Senate. (b) All other officers of the militia shall be appointed and commissioned by the Governor upon recommendation of the Adjutant General after due consideration to nominations of the commanders in the normal chain of command. (c) No person shall assume the status or perform the duties of an officer until he shall have been duly appointed and announced in orders issued by the Adjutant General. (d) Officers shall be citizens of the United States and, unless otherwise prescribed by federal law and regulation, shall be at least 21 years of age. L.1963, c. 109. Amended by L.1984, c. 181, s. 15, eff. Nov. 14, 1984.

N.J. Stat. § 38A:5-2 Oath of office

Except when a comparable oath is subscribed to under Federal laws or regulations, every officer shall take and subscribe to the following oath of office: "I , do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of New Jersey against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and of the Governor of the State of New Jersey; that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of in the upon which I am about to enter, so help me God." L.1963, c. 109.

N.J. Stat. § 38A:5-3 Acceptance of commission or warrant deemed resignation of other commissions or warrants

The acceptance of a commission or warrant in the militia shall be deemed a resignation by the person accepting the same of all other commissions or warrants held by him in the militia, provided, however, that acceptance of a commission in the State Guard in time of war or emergency shall not be so deemed a resignation. The acceptance of a commission or warrant, or enlistment, in any of the Armed Forces of the United States, including the reserve components thereof, shall also be deemed a resignation by the person accepting the same or so enlisting of any commissions or warrants held in the militia, provided, however, that acceptance of temporary appointments while in Federal service or of a reserve commission in the same component as that in which serving in the militia shall not be so deemed a resignation. L.1963, c. 109.

N.J. Stat. § 38A:5-4 Acceptance of commission not to vacate civil office

Any citizen of this State may accept and hold a commission in the militia or in any reserve component of the Armed Forces of the United States, without thereby vacating any civil office or position held. The acceptance or holding of any such commission shall not constitute holding of an office of trust or profit under the government of this State or of the United States incompatible with the holding of any civil office or position under the government of this State. L.1963, c. 109.

N.J. Stat. § 38A:5-5 Uniforms and equipment

Officers shall provide themselves with the uniforms and equipment prescribed by applicable regulations. L.1963, c. 109.

N.J. Stat. § 38A:5-6 Examination as to fitness

The Governor, whenever he deems it to be for the good of the service, may order any officer to appear before a board of examination. The board of examination shall consist of 3 officers, senior in rank to the officer whose fitness for service is under examination, and such board shall be vested with the powers of courts of inquiry, to examine into the moral character, capacity, availability for active State or Federal service, and physical and professional fitness of such an officer. The board may recommend the retention of the officer being examined, the retirement because of physical inability to perform active service, or his discharge and the vacating of his commission or warrant. The findings of the board shall become effective upon approval by the Governor. L.1963, c. 109.

N.J. Stat. § 38A:5-7 Resignation of officers

An officer may resign his commission or warrant, but such resignation shall not become effective until it shall have been accepted by the Governor. L.1963, c. 109.

N.J. Stat. § 38A:5-8 Vacating commissions or warrants

The commission or warrant of an officer shall be vacated: (a) Upon acceptance by the Governor of the resignation of such officer; or (b) By an order of the Governor discharging such officer: (1) For his failure to maintain his qualifications for Federal recognition; or (2) For the scheduled or actual termination or withdrawal of his Federal recognition where Federal recognition is a prerequisite for continued service; or (3) For a change in Federal reserve status which makes him ineligible to continue assigned to a unit of the organized militia; or (4) For his absence from duty without leave for more than 3 months; or (5) Pursuant to the recommendation of a board of examination or the sentence of a court-martial. L.1963, c. 109.

N.J. Stat. § 38A:5-9 Unassigned list

There shall be an unassigned list for officers. An officer may be included in the unassigned list: (a) Pending acceptance of his resignation, or (b) Pending his retirement as otherwise provided by this Title, or (c) Pending withdrawal or termination of his Federal recognition, or (d) Pending separation following unfavorable review of the recommendations or findings of a board of examination or a court-martial. L.1963, c. 109.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026