31-2A-25
Section 31-2A-25 (Article 25.) Who may serve on courts-martial. (a) Any commissioned officer of the Alabama National Guard is eligible to serve on all courts-martial for the trial of any person subject to this code. (b) Any warrant officer of the Alabama National Guard is eligible to serve on general and special courts-martial for the trial of any person subject to this code, other than a commissioned officer. (c) Any enlisted member of the state military forces who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member subject to this code, but that member shall serve as a member of a court only if, before the conclusion of a session called by the military judge under Section 31-2A-39a (Article 39(a)) prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested orally on the record or in writing that enlisted...
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31-10-20
Section 31-10-20 Definitions. The following words and terms used in this article shall have the meanings as set forth in this section: (1) ACTIVE MEMBER. A member of a federally recognized unit of the Alabama National Guard meeting the minimum requirements for satisfactory membership as defined in the regulations of the Department of the United States Army and the Department of the United States Air Force. (2) ALABAMA NATIONAL GUARD. Federally recognized units of the Alabama National Guard. (3) DEGREE OBJECTIVE. A series of courses (enrolled hours) which apply toward a specific degree. (4) TUITION. The total semester, quarter, or classroom hour cost of instruction and fees, excluding late registration fees, academic penalty fees, and electives fees, to the student as periodically published in the catalog of the educational institution, not to exceed the average full-time class load. (5) TUITION BENEFITS. The difference in the amounts provided for tuition pursuant to the Montgomery G.I....
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22-21-276
Section 22-21-276 Injunctive relief; issuance of license for inpatient beds or facilities in violation of article prohibited; facilities in violation of article not to receive reimbursement for services. (a) Injunctive relief against violations of this article or any reasonable rules and regulations of the SHPDA may be obtained from the Circuit Court of Montgomery County, Alabama, at the instance of the SHPDA, any holder of a certificate of need that is adversely affected in the exercise of privileges thereunder by such violation or any member of the public directly and adversely affected by such violation. Upon written request by the SHPDA, it shall be the duty of the Attorney General of the State of Alabama to furnish such legal services as may be appropriate and to prosecute such action for injunctive relief to an appropriate conclusion. (b) The State Board of Health shall not issue a license to operate new inpatient beds or any health care facility constructed, or acquired in...
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31-2A-137
Section 31-2A-137 (Article 137.) Articles to be explained. (a)(1) The articles of this code shall be carefully explained to each enlisted member at the time, or within one year after, the member joins the Alabama National Guard. (2) Such articles shall be explained again: a. After the member has completed basic or recruit training. b. At the time when the member reenlists. (b) The text of the code and of the rules prescribed under such code shall be made available to a member of the state military forces, upon request by the member, for the member's personal examination. (Act 2012-334, p. 790, §1.)...
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31-2A-27
Section 31-2A-27 (Article 27.) Detail of trial counsel and defense counsel. (a)(1) Trial counsel and defense counsel shall be detailed for each general and special court-martial. The Alabama National Guard shall prescribe regulations providing the manner in which counsel are detailed for such court-martial and for persons who are authorized to detail counsel for such court-martial. (2) No person who has acted as investigating officer, military judge, witness, or court member in any case may act later as trial counsel, assistant trial counsel, or, unless expressly requested by the accused, as defense counsel or assistant or associate defense counsel in the same case. No person who has acted for the prosecution may act later in the same case for the defense nor may any person who has acted for the defense act later in the same case for the prosecution. (3) Except as provided in subsection (b), trial counsel or defense counsel detailed for a general or special court-martial must be a...
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31-2A-84
Section 31-2A-84 (Article 84.) Unlawful enlistment, appointment, or separation. Any person subject to this code who effects an enlistment or appointment in or a separation from the Alabama National Guard of any person who is known to him or her to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct. (Act 2012-334, §1.)...
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31-10-3
Section 31-10-3 Tuition reimbursement authorized for eligible members of National Guard. Subject to the annual appropriation in the annual Education Trust Fund Appropriation Act, provided such annual appropriations shall not exceed $10,000,000, the Alabama Commission on Higher Education is hereby authorized to pay or reimburse the qualifying tuition for any active member of the Alabama National Guard who is enrolled in a program leading to the associate, baccalaureate, masters, or doctorate degree in an accredited institution of higher learning, community or technical college within the State of Alabama. Such payments or reimbursements shall be made timely at the end of each academic quarter or semester for all tuition reimbursements, and shall be made on the basis of certified invoices submitted by such institution or school to the Alabama Commission on Higher Education, and shall be supported by names of the students receiving such benefits, together with the amounts claimed for each...
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31-2-34
Section 31-2-34 Proceedings when member of armed forces unable to account for property or money. Whenever it is ascertained by the Adjutant General of the state or the United States property and fiscal officer or the state property and disbursing officer of the National Guard of Alabama, that any member of the armed forces of the state is unable properly to account for all property and money for which he is accountable and responsible he shall give immediate notice thereof to the Attorney General of the state for action against such person and his bondsman, if applicable, and the Attorney General is hereby authorized and required to bring such action. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §34; Acts 1973, No. 1038, p. 1572, §35.)...
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31-2A-15
Section 31-2A-15 (Article 15.) Commanding officer's non-judicial punishment. (a) Under such regulations as prescribed, any commanding officer may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to this article. The Governor, the Adjutant General, or an officer or a general or flag rank in command may delegate the powers under this article to a principal assistant who is a member of the Alabama National Guard. (b) For the purposes of this article, the term "day" shall mean the following: (1) For the purposes of pay, one day shall equal one active duty military payday. (2) For all other purposes, one day shall equal one calendar day. (c) For the purposes of this part, all members must be in military status when punishment is imposed. (d) Any commanding officer may impose upon enlisted members of the officer's command any of the following: (1) An admonition. (2) A reprimand. (3) The withholding of privileges for up to six consecutive...
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31-2A-92
Section 31-2A-92 (Article 92.) Failure to obey order or regulation. Any person subject to this code who does any of the following shall be punished as a court-martial may direct: (1) Violates or fails to obey any lawful general order or regulation. (2) Having knowledge of any other lawful order issued by a member of the Alabama National Guard, which it is his or her duty to obey, fails to obey the order. (3) Is derelict in the performance of his or her duties. (Act 2012-334, §1.)...
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