# Title 37 — Military

## Chapter 37-04.1 — National Guard Pay and Allowances

### § 37-04.1-01. Pay and allowances of national guard members - Deductions allowed.

1. Each officer and enlisted member of the national guard, when called to state active
duty by the governor, is entitled to receive pay and allowances at the highest rate
provided for national guard members of the same grade in the national guard of the
United States, except any enlisted member serving in a grade below E-3 will be paid
the same as an enlisted member serving in the grade of E-3, and the daily pay rate for
each of the grades listed must be increased as follows:
a. E-3 - fifty-five percent.
b. E-4 - forty-five percent.
c. E-5 - thirty-five percent.
d. E-6 - twenty-five percent.
e. E-7 - fifteen percent.
f. E-8 - ten percent.
2. If ordered by the governor in response to an emergency management assistance
compact request and the requesting state pays state active duty pay at a higher rate
than this state, national guard officers and enlisted members may receive the higher
rate of pay when this state is reimbursed at the higher rate.
3. Each officer and enlisted member of the national guard is entitled to receive
transportation, shelter, and subsistence. The value of articles issued to any national
guard member and not returned in good order on demand, and all legal fines or
forfeitures, may be deducted from the member's pay.
4. Each officer and enlisted member of the national guard is entitled to receive a state
active duty pay enhancement of three hundred dollars for every month spent on state
active duty or a prorated amount for each day of state active duty up to three hundred
dollars per month.
5. Each officer and enlisted member of the national guard, when called to state active
duty by the governor, is entitled to receive the same incentive pay that an officer or
enlisted member of the same grade and rating would be eligible to receive if called to
active duty under federal authority in service of the United States, not to exceed the
monthly amount authorized for the incentive under federal law.
6. Commissioned officers and enlisted members serving on state active duty for more
than fourteen days may, at the discretion of their commanding officer, receive pay for
necessary rest and recovery while on duty if it is deemed necessary to ensure the
national guard members' readiness to perform assigned duties while on state active
duty.
### § 37-04.1-02. Expenses allowed officers and enlisted members of national guard.

Officers or enlisted members of the national guard when called into state active duty by the
governor must be reimbursed for traveling and incidental expenses at the same rate provided by
law for other state officials. The adjutant general may authorize the purchase of meals or rations
for officers or enlisted members of the national guard in a duty or travel status in lieu of
individual reimbursement for meals.
### § 37-04.1-03. Pay of national guard members serving on boards, commissions, and

courts.
An officer or enlisted member of the national guard detailed to serve on any board or
commission ordered by the governor, or under the governor's authority by the commanding
officer of the national guard, or on any court of inquiry or court-martial ordered by proper
authority under any provision of this title, is entitled to receive pay and allowances at the highest
rate provided for national guard members of the same grade in the national guard of the United
States for each day that officer or enlisted member is actually employed on the board or court,
or engaged in the business of the board or court, including any day the officer or enlisted

member is traveling to and from the board or court. The sum received may not exceed ten days'
pay and the actual traveling expenses and subsistence unless, upon application of the president
of the court-martial or the presiding officer of the board, the officer appointing the court or board
has authorized the court or board to sit for a longer period, or in case of a court-martial, the
governor or officer ordering the court has authorized the court to sit for a period longer than ten
days.
### § 37-04.1-04. Pay and allowances allowed national guard called to service under federal

authority.
An officer or enlisted member of the national guard ordered to active duty under federal
authority, while so assigned, must receive the pay and allowances authorized under federal law.
