Oregon § 396.117 Prohibition on active federal service of sibling of person killed while in military; exceptions

Oregon Statutes

§ 396.117 — Prohibition on active federal service of sibling of person killed while in military; exceptions

Oregon § 396.117

Vol.10

Title 32Military Affairs; Emergency Services

Ch. 396Militia Generally

This text of Oregon § 396.117 (Prohibition on active federal service of sibling of person killed while in military; exceptions) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 396.117 (2026).

Text

(1)If the Adjutant General receives notice that an Oregon National Guard unit will be called into active federal service outside this state under Title 10 of the United States Code, the Adjutant General may not place or retain a servicemember in the unit if the servicemember is the sibling of a person who was killed while serving under Title 10 of the United States Code with the Armed Forces of the United States, unless the Adjutant General has first provided notice to the Governor. The notice must include documentation of:

(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

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(1) If the Adjutant General receives notice that an Oregon National Guard unit will be called into active federal service outside this state under Title 10 of the United States Code, the Adjutant General may not place or retain a servicemember in the unit if the servicemember is the sibling of a person who was killed while serving under Title 10 of the United States Code with the Armed Forces of the United States, unless the Adjutant General has first provided notice to the Governor. The notice must include documentation of:
(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.