§ 131.4. Complaints of wrongs. Any member of the organized militia who believes himself wronged by his commanding officer, and, upon due application to such commander, is refused redress, may complain to any superior officer who shall forward the complaint to the adjutant general, who shall examine into said complaint and, if justified shall take proper measures for redressing the wrong complained of. If the adjutant general finds the complaint not to be justified and refuses redress, the member who initiated the complaint may appeal to the governor for redress, in accordance with regulations issued pursuant to this chapter.

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Terms Used In N.Y. Military Law 131.4

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Organized militia: means the organized militia, the composition of which is stated in section two of this chapter;

    (2) "Officer" means a commissioned officer including a commissioned warrant officer;

    (3) "Superior officer" means an officer superior in rank or command;

    (4) "Enlisted person" means any person who is serving in an enlisted grade in any force of the organized militia;

    (5) "Active state duty" means full time military duty in the active service of the state under an order of the governor issued pursuant to sections six or seven of this chapter and while going to and returning from such duty;

    (6) "Duty status other than active state duty" means any one of the types of duty described in section forty-six of this chapter and while going to and returning from such duty;

    (7) "Military court" means a court-martial, a court of inquiry, a provost court;

    (8) "Military judge" means an official of a general court-martial detailed in accordance with section 130. See N.Y. Military Law 130.1