Complaints of Wrongs

(a)Any member of the Guam military forces who believes himself wronged by his commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to any CH. 63 GUAM NATIONAL GUARD superior officer who shall examine into the complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, send to the Adjutant General a true statement of that complaint with the proceedings had thereon.

(b)When an action or proceeding is commenced in any court, other than a military court, against any member of the Guam military forces for any act done in the lawful performance of their duty, as determined by a finding of fact made by a court of inquiry under § 63724 of this Code, while such member was on active Guam duty, the member may be represented, pursuant to § 30108 of Title 5, Guam Code Annotated, by the Attorney General’s office. The Adjutant General, upon the written request of the member involved, shall forward the member’s request for representation to the Attorney General, and instruct the Guam Judge Advocate General, a judge advocate or legal officer to assist the Attorney General’s office in the preparation and trial of such case.

(c)Members of the Guam military forces on active Guam duty by order of I Maga’håga/Maga’låhi or other proper authority, shall not be liable, civilly or criminally, for any act or acts done by them while in the lawful performance of their duty.

(d)Members of the Guam military forces on active Guam duty shall have the powers of peace officers when they are:

(1)called or ordered into active Guam duty by I Maga’håga/Maga’låhi pursuant to the provisions of § 63500, Title 10, Guam Code Annotated,

(2)serving within the area wherein military assistance is required, and

(3)directly assisting civil authorities in any of the situations specified in § 63500, Title 10, Guam Code Annotated. The authority of any such peace officer extends to the area wherein military assistance is required as to a public offense committed or which there is reasonable cause to believe has been committed within that area.