Missouri Revised Statutes
Chapter 41 - Military Forces
Section 41.310 - Officers — retirement.

Effective - 28 Aug 1961, 2 histories
41.310. Officers — retirement. — 1. Officers, warrant and flight officers and enlisted persons shall be retired from active service and placed on the retired list upon attaining the retirement age of their grade, as fixed in regulations governing the Armed Forces of the United States, or by reason of physical disability retirement while serving with the Armed Forces of the United States. Any officer, warrant or flight officer or enlisted person who has served for ten years in the organized militia may upon his own application and approval by the governor be placed upon the retired list without cost to the state. Any officers retired after fifteen years of satisfactory service may be considered and retired in one grade higher than the highest grade held during their period of active service without cost to the state. Service in the Armed Forces of the United States in time of war shall be computed as state service for the purpose of this section.
2. The governor may detail, with their own consent, officers of the retired list to active duty and return them to the retired list in his discretion. Officers retired for age shall not be detailed to command troops, but only to perform duties of staff corps or department, or to sit on boards, except in time of war or other emergency, or imminent danger thereof, when retired officers may be detailed by the governor, without their consent, to perform any military duty designated by him.
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(RSMo 1939 §§ 15030, 15103, A.L. 1951 p. 654 §§ 49, 50, A.L. 1953 p. 561, A.L. 1961 p. 479)
Prior revisions: 1929 §§ 13810, 13903; 1919 § 9146

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title V - Military Affairs and Police

Chapter 41 - Military Forces

Section 41.010 - Title of law — purpose.

Section 41.020 - Federal law applicable, when.

Section 41.025 - POW and MIA designations recognized.

Section 41.030 - Definitions.

Section 41.033 - Antiterrorism fund created, purpose — reversion to general revenue prohibited — governor to direct expenditures — antiterrorism activities defined.

Section 41.035 - Missouri department of the National Guard established.

Section 41.036 - Contingent effective date.

Section 41.040 - Military division of executive department — what constitutes.

Section 41.050 - State militia, members.

Section 41.060 - Militia service, persons exempt.

Section 41.070 - Organized and unorganized militia.

Section 41.080 - Military forces, how organized — oath.

Section 41.090 - Rules and regulations.

Section 41.100 - Governor may reorganize, when.

Section 41.110 - State defense force — organization, discipline, government.

Section 41.120 - Governor, commander in chief of militia.

Section 41.130 - Honorary staff members, governor may appoint.

Section 41.140 - Adjutant general — appointment — compensation — bond.

Section 41.150 - Assistant adjutants general — appointment — duties.

Section 41.160 - Adjutant general — duties.

Section 41.170 - Adjutant general — records — duties.

Section 41.180 - Commissioner of war service records — appointment — compensation.

Section 41.190 - Clerical personnel — appointment — compensation.

Section 41.200 - Exhibits of equipment and property.

Section 41.201 - Use of state-owned vehicles, Missouri National Guard members considered state employees — exception.

Section 41.206 - Missouri Youth Challenge Academy authorized, purpose — rulemaking authority.

Section 41.207 - Missouri Youth Challenge Foundation Fund created, use of moneys.

Section 41.210 - Adjutant general's revolving fund — disbursements — exemption from transfer to general revenue.

Section 41.212 - National Guard training site fund established — purpose — unexpended balance exempt from transfer to general revenue.

Section 41.214 - Missouri National Guard trust fund, established, disbursements.

Section 41.216 - Grants and financial assistance from the Missouri military family relief fund, who may authorize — rulemaking authority.

Section 41.218 - Missouri military family relief fund created, use of moneys.

Section 41.220 - Military council — duties — meetings.

Section 41.230 - Federal property disbursing officer — duties — compensation.

Section 41.240 - Officers — appointment — oath.

Section 41.250 - Warrant and flight officers — appointment.

Section 41.260 - State defense force — selection of officers.

Section 41.270 - Officers' bonds.

Section 41.280 - Officer's accountability for property — suit for recovery, how brought.

Section 41.290 - Assignment or transfer of officers.

Section 41.300 - Officers — resignation — acceptance refused, when.

Section 41.310 - Officers — retirement.

Section 41.320 - Officers — separation from service — reasons.

Section 41.330 - Officer dismissed from service, how.

Section 41.340 - Officer's commission — vacated, how.

Section 41.350 - Absence without leave — penalty.

Section 41.360 - Efficiency board — appointment — duties.

Section 41.370 - Medical board, duties.

Section 41.380 - Noncommissioned officers — appointment, how made.

Section 41.390 - Enlisted men — qualifications — term — oath — penalty for false statements.

Section 41.400 - Enlisted men — transfers.

Section 41.410 - Enlisted men — discharge — separation from service.

Section 41.420 - Discharges shall be recorded and copies of records furnished without fee.

Section 41.430 - Officers and enlisted personnel, compensation and allowances for active duty.

Section 41.435 - Reenlistment bonus may be paid.

Section 41.440 - Active duty — expenses allowed.

Section 41.450 - State defense force, how equipped.

Section 41.460 - Discipline and training.

Section 41.470 - Order to training or special duty — pay and allowances — adjutant general, orders effective — pay, eligibility.

Section 41.475 - Authorization to request volunteers for counter-drug activities — delegation of authority to adjutant general.

Section 41.480 - Organized militia when called to duty — martial law.

Section 41.490 - State defense force — powers of governor.

Section 41.500 - State defense force — called to duty, when.

Section 41.510 - Refusal to obey orders — penalty.

Section 41.520 - Governor may suspend code, when.

Section 41.530 - Governor shall order militia into federal service, when.

Section 41.540 - Organized militia in federal service — retention of designations.

Section 41.550 - Credit for time in federal service.

Section 41.560 - Meritorious service medal.

Section 41.570 - Conspicuous service medal.

Section 41.572 - Legion of merit medal.

Section 41.578 - Missouri adjutant general staff identification badge.

Section 41.580 - Long service ribbon.

Section 41.582 - Missouri Iraq campaign ribbon.

Section 41.584 - Missouri Afghanistan campaign ribbon.

Section 41.586 - Missouri Kosovo campaign ribbon.

Section 41.588 - Missouri Vietnam campaign ribbon.

Section 41.592 - Missouri National Guard first sergeant ribbon.

Section 41.594 - Governor's unit citation.

Section 41.595 - Missouri National Guard overseas training ribbon, eligibility.

Section 41.596 - Missouri National Guard state partnership program ribbon, eligibility.

Section 41.597 - Order of the minuteman award, eligibility — limitation on number awarded.

Section 41.655 - Planning and zoning for unincorporated areas near military bases — airport hazard area zoning required (Johnson County).

Section 41.657 - National Guard training centers, land use ordinances for surrounding area (Adair, Audrain, Crawford, McDonald, Miller, Newton, Randolph, Ray, and Washington counties).

Section 41.670 - Armories — free use of — exempt from taxation, when.

Section 41.672 - William E. "Bud" Lewis Armory.

Section 41.674 - Lawrence A. Witt National Guard Armory designated in Lawrence County.

Section 41.676 - Sergeant Robert Wayne Crow Jr. Memorial Armory designated in Joplin.

Section 41.680 - Members of organized militia exempt from civil process, when.

Section 41.690 - Conservators of the peace.

Section 41.700 - Organized militia not liable for acts done in performance of duty.

Section 41.710 - Blank cartridges not to be fired, when — penalty.

Section 41.720 - Resisting militia — penalty.

Section 41.730 - Militia, discrimination and interference with prohibited — penalty.

Section 41.740 - Militia — right-of-way on streets or highways — penalty for obstructing.

Section 41.750 - Campground or armory — intrusion — penalty.

Section 41.753 - Definitions — military installation commander's search and seizure powers — organized militia members, rights and immunities.

Section 41.780 - Uniform not to be worn by unauthorized person — penalty.

Section 41.790 - Violation of code — penalty.

Section 41.890 - Military personnel to hold Missouri resident status, when.

Section 41.900 - Organized militia on active duty by governor's order covered by workers' compensation.

Section 41.910 - Adjutant general may elect to purchase insurance or be self-insurer.

Section 41.920 - Tort liability denied.

Section 41.930 - Average earnings, how determined.

Section 41.940 - Amount of federal benefits to be deducted from state payments — authorization required.

Section 41.942 - Leave of absence without loss of status or benefits for government employees, when, evidence required, procedure.

Section 41.944 - Certain military service, termination of lease — requirements.

Section 41.946 - Licensure or certification by state, continuing education — exemption from requirements for active military service.

Section 41.948 - Student of higher education called to active military service — option for refund or incomplete grade — requirements — rules and regulations, promulgation, procedure.

Section 41.950 - Members of military forces called to active duty — relieved from certain provisions of law.

Section 41.955 - Lease of National Guard property authorized, purpose — contents of lease.

Section 41.958 - Honor detail, training — rules.

Section 41.960 - Office of air search and rescue, authorized.

Section 41.962 - Purpose.

Section 41.964 - Funds, limitations.

Section 41.966 - Acceptance of gifts, grants, loans, authorized.

Section 41.970 - Civil air patrol, use in support of National Guard missions — definitions — procedure for activation.

Section 41.1000 - Civil air patrol, members who are state employees, leave to be granted — members generally, not subject to discharge from employment due to membership.

Section 41.1005 - State employee leave for Coast Guard duty, when limitations — salary, leave benefit — attorney general to enforce.

Section 41.1010 - Missouri military preparedness and enhancement commission established, purpose, members, duties.

Section 41.1012 - Office of military advocate established, purpose — advocate appointment — department to provide administrative support.