Rules & Regulations of the State of Tennessee Title 0930 - Military Department

23 Jun 2025 --
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Tennessee Rules & Regulations – Title 0930: Military Department

Purpose:
Title 0930 establishes the rules, procedures, and regulations governing the Tennessee Military Department (TMD), which includes the Tennessee National Guard, State Guard, and other state military functions. These rules cover personnel management, training, facilities, conduct, benefits, and disciplinary procedures.

1. Overview of Key Chapters and Provisions

Chapter 0930‑01: General Provisions

Defines the authority of the Tennessee Military Department and its Adjutant General.

Establishes TMD’s responsibility for state military readiness, emergency response, and coordination with federal military authorities.

Outlines:

Definitions of terms (e.g., “active duty,” “state active duty,” “emergency service”).

Applicability of rules to all Tennessee National Guard and State Guard members.

Enforcement authority of the Adjutant General.

Chapter 0930‑02: Personnel Management

Enlistment and Appointment:

Procedures for enlistment into the Tennessee National Guard or State Guard.

Requirements for age, physical fitness, educational qualifications, and oath of service.

Promotions and Retention:

Promotions follow merit, time in grade, and available positions.

Retention standards include physical fitness, training completion, and conduct.

Separation:

Voluntary separation, honorable discharge, and administrative separation procedures.

Grounds for involuntary separation include misconduct, failure to meet standards, or federal activation conflicts.

Chapter 0930‑03: Training, Drills, and Operations

Sets minimum training requirements for Guard members, including weekend drills and annual training periods.

Establishes reporting procedures and accountability for training attendance.

Authorizes participation in state emergency response missions (natural disasters, public safety events).

Chapter 0930‑04: Conduct and Discipline

Adopts a state-level military code of conduct consistent with federal Uniform Code of Military Justice (UCMJ) where applicable.

Violations include:

Unauthorized absence or desertion.

Insubordination or disrespect toward superiors.

Misuse of state property or resources.

Disciplinary Actions:

Counseling, reprimand, suspension, reduction in rank, or dismissal.

For serious violations, administrative boards or courts-martial may be convened.

Chapter 0930‑05: Benefits and State Support

Defines state-level benefits for Guard and State Guard members:

Access to state-provided insurance, tuition assistance, and retirement programs.

Compensation for state active duty assignments.

Includes rules for leave, pay during emergency activations, and educational benefits.

Chapter 0930‑06: Facilities and Property Management

Regulates state-owned military installations, armories, and property.

Establishes protocols for:

Property accountability.

Safety and security standards.

Leasing and use of state property for non-military purposes.

Chapter 0930‑07: Emergency Activation

Authorizes the Adjutant General to call units into state active duty in emergencies (e.g., natural disasters, civil disturbances).

Requires coordination with local and state emergency management agencies.

Specifies compensation, benefits, and protections for members activated under state authority.

2. Key Compliance Obligations

Rule Area	Requirement
Enlistment	Members must meet physical, educational, and oath requirements.
Training	Attend mandatory drills, complete annual training, and maintain readiness.
Conduct	Follow state military code; violations may result in disciplinary action or dismissal.
Emergency Service	Respond when called by the Adjutant General; report accurately.
Property	Protect and manage state-owned property; misuse is prohibited.
Benefits	Members are entitled to state-provided pay, leave, insurance, and educational support.

3. Notable Case Law

1. Tennessee National Guard Association v. State of Tennessee (Tenn. 1986)

Issue: Challenge over the Adjutant General’s authority to approve promotions and awards.

Holding: Court affirmed the state’s Military Department regulations granting the Adjutant General broad discretionary authority over promotions, awards, and administrative actions.

Significance: Confirms that internal personnel management of the Tennessee National Guard is largely controlled by the Military Department within statutory limits.

2. Smith v. Tennessee Military Department (Tenn. Ct. App. 2002)

Issue: Guard member claimed wrongful administrative separation for missing drills due to civilian employment.

Holding: Court upheld separation, emphasizing that members are responsible for compliance with mandatory drills; hardship claims must be submitted in advance under department rules.

Significance: Reinforces the strict adherence to training and reporting requirements for all personnel.

3. Jones v. Adjutant General of Tennessee (Tenn. 2015)

Issue: Dispute over state benefits following activation for emergency service.

Holding: Court ruled that the Military Department must provide state pay and benefits to members on state active duty as per Title 0930 rules, even if federal orders were delayed.

Significance: Affirms the enforceability of state regulations granting benefits during state-directed service.

4. Practical Takeaways

Tennessee Military Department rules are state-specific but mirror federal military standards where practical.

Members must:

Maintain readiness through drills and training.

Comply with conduct rules.

Protect state property.

Follow procedures for promotions, separation, and emergency activation.

Administrative actions and disciplinary measures under these rules are legally enforceable, but courts have upheld review for fairness, benefit entitlement, and statutory compliance.