Definitions

As used in this Code:

(a)“Accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.

(b)“Active Guam duty” means full-time duty in the active military service of Guam, under an order of I Maga’håga/Maga’låhi issued pursuant to authority vested in her/him by law, and while going to and from such duty.

(c)“Cadet” as used in this code shall include Senior Reserve Officer Training Corps students who also are participating in the simultaneous membership program

(SMP)with the Guam National Guard and Guam Military Academy Officer Candidate Participants.

(d)“Code” means the Guam National Guard Code of Military Justice.

(e)“Commanding Officer” includes commissioned officer and command position in accordance with applicable regulations.

(f)“Concerning authority” includes, in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command.

(g)“Duty status” means on duty pursuant to orders such as inactive duty training, annual training, active duty special work, full time national guard duty, special training, active guard reserve, or other authorized duty as set out in Title 32, United States Code and appropriate regulations of the Department of Defense, Army, Air Force, and National Guard Bureau as well as the laws and regulations of Guam. It does not include duty, the performance of which, subjects a person to the Uniform Code of Military Justice.

(h)“Enlisted member” means a person enlisted in, or Enlisted member inducted, called, or conscripted into, the Guam military forces in an enlisted grade.

(i)“Federal Service” means on duty, governed by the Federal Service provisions of Title 10, United States Code, particularly the Uniform Code of Military Justice.

(j)“Grade” means a step or degree, in a graduated scale Grade of office or military rank, that is established and designated as a grade by law or regulation. CH. 63 GUAM NATIONAL GUARD

(k)“He, him or any other masculine pronoun, ” where used, means, and shall be interpreted to include, the masculine and/or feminine gender, as the case may be.

(l)“Includes” means “includes but not limited to.”

(m)“Judge advocate” means any commissioned officer who is federally recognized as judge advocate by the National Guard Bureau and has been certified by the Guam Judge Advocate General or in certain cases, as appropriate, a judge advocate of an United States Armed Forces, active or reserve, meeting the qualifications of Article 27, Uniform Code of Military Justice, and being so certified and designated as required by said Armed Force.

(n)“Legal officer” means any commissioned officer of the territorial military forces or nonmilitary person who:

(1)volunteers to prosecute or defend an accused in a court-martial or administrative matter;

(2)graduated from a law school accredited by the American Bar Association (ABA);

(3)is a member of the bar of a Federal court or of the highest court of a State, Territory, Commonwealth of the United States or the District of Columbia; and

(4)has been certified as competent to perform such duties by the Guam Judge Advocate.

(o)“May” is used in a permissive sense. The words “no person may...” means that no person is required, authorized, or permitted to do the act proscribed.

(p)“Military” refers to any or all of the Guam military forces.

(q)“Military Court” means a court-martial, a court of inquiry, a military commission, or a provost court.

(r)“Military Judge” means an official of a court-martial detailed in accordance with this Code.

(s)“National Guard” means the Army National Guard and/or the Air National Guard.

(t)“Officer” means commissioned officer and warrant officer.

(u)“Pay” includes basic pay, special pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.

(v)“Rank” means the order of precedence among members of the Guam military forces.

(w)“Record, ” when used in connection with the proceedings of a military court means:

(1)an official written transcript, written summary, or other writing relating to the proceedings; or

(2)an official audio tape, videotape, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced.

(x)“Scheduled unit training assembly” means that training assembly scheduled as a part of the comprehensive plan for a unit on a yearly basis.

(y)“Shall” is used in an imperative sense.

(z)“Spouse” means husband or wife, as the case may be.

(aa)“Superior Commissioned Officer” means a commissioned officer superior in rank or command.

(bb)“Territory” means Guam. CH. 63 GUAM NATIONAL GUARD

(cc)“Guam Judge Advocate General” means the Judge Advocate General of the Guam military forces, commissioned therein, and responsible for supervising the administration of military justice in the Guam military forces, and performing such other legal duties as may be required by the Adjutant General.

(dd)“Guam military forces” means the National Guard of Guam, as defined in Section 101(3),

(4)and

(6)of Title 32, United States Code, and any other militia or military forces organized under the laws of Guam, when not in a status subjecting them to the jurisdiction of the Uniform Code of Military Justice under Chapter 37 of Title 10, United States Code.