(a) The determination by the chain of command that placement or retention of the servicemember in the unit is a military necessity to accomplish the unit’s mission; or
(b) The servicemember’s request for active federal service with the unit, completed in a manner that complies with Oregon National Guard regulations.
(2) The Oregon Military Department shall adopt regulations as necessary to carry out the provisions of this section.
(3) This section does not require action by the Oregon National Guard that is contrary to federal law or regulations, or that degrades the readiness of the Oregon National Guard to perform federal or state missions. [2011 c.395 §1]
Note: 396.117 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 396 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Structure 2021 Oregon Revised Statutes
Volume : 10 - Highways, Military
Chapter 396 - Militia Generally
Section 396.025 - Purposes; rules of construction.
Section 396.045 - Severability; conflicts.
Section 396.105 - Militia comprised of organized and unorganized militia.
Section 396.115 - Persons exempt from militia service.
Section 396.120 - Authority to administer oaths.
Section 396.125 - Governor as Commander in Chief; military regulations; conflict with state law.
Section 396.130 - Service of organized militia outside state.
Section 396.140 - Registration of unorganized militia; failure to appear.
Section 396.145 - Military staff of Governor.
Section 396.150 - Adjutant General; appointment and tenure; qualifications; grade.
Section 396.155 - Adjutant General; compensation; bond; traveling expenses.
Section 396.160 - Adjutant General; duties.
Section 396.165 - Assistant Adjutants General.
Section 396.170 - Acting Adjutant General.
Section 396.175 - United States Property and Fiscal Officer.
Section 396.305 - Oregon Military Department; duties and functions.
Section 396.315 - Adjutant General as director of department.
Section 396.337 - Cooperative agreements with federal National Guard Bureau; rules.
Section 396.338 - Accounts for cooperative agreements.
Section 396.355 - Property loss incident to activities of organized militia.
Section 396.360 - Department programs for at-risk youth; policies and procedures.
Section 396.362 - Oregon Military Emergency Financial Assistance Program.
Section 396.364 - Oregon Military Emergency Financial Assistance Fund.
Section 396.375 - Report to legislature on military cultural barriers.
Section 396.510 - Control of armories and camps; care of property.
Section 396.515 - Sale, exchange or lease of military department property.
Section 396.535 - Acquisition of property for military use; payment for use of property.
Section 396.540 - Use of armories.
Section 396.545 - Leases and agreements for use of armories.
Section 396.555 - Oregon Military Museum established at Camp Withycombe.