sharon

The National Guard is run by the state or territory unless in times of war. Well we all know who runs them at the present time, but the Governor still has control.


M21-1 Part IV
10.03 NATIONAL GUARD SERVICE (38 CFR 3.6© & (d) and 3.7(m))

a. General. The Army National Guard and the Air National Guard operate full-time operational and support programs similar to the Ready Reserves. However, section 101(22) of Title 38, United States Code, provides separate definitions of "active duty for training" for Guard personnel and Reservists. While the definition for Reservists permits the interpretation that full-time duty for purposes other than training is active military, naval or air service, the definition for Guard personnel does NOT permit this interpretation. Therefore, full-time operational/support service performed by Guard personnel in ACDUTRA status does NOT qualify as active duty for purposes of VA benefits UNLESS the member or former member has a service-connected disease or injury that was incurred or aggravated during the ACDUTRA period.

EXCEPTION: See paragraph 23.06 for special provisions as to basic eligibility for Loan Guaranty benefits.

b. Qualifying Service

(1) Service Under Title 10 U.S.C. If the Guard unit or the member individually is "activated" under the authority of Title 10 U.S.C., members who report for active duty (service characterized as Federal Active Duty) have qualifying service for Title 38 purposes until deactivated. In some cases a member may be ordered to active duty for training under the authority of 10 U.S.C. 672(d) which constitutes "active duty for training" for Title 38 purposes. If an individual's orders specify activation to temporary duty under Title 10, further development regarding the purpose of the activation is not needed unless there is evidence in file showing the purpose of the activation was to train the individual. The order to Active Duty MUST state that service is under Title 10 U.S.C.

(2) Service Under Title 32 U.S.C. Full-time National Guard service is "active duty for training" under 38 U.S.C. 101(22)© if performed under 32 U.S.C. 316, 502, 503, 504 or 505. This is true regardless of whether the member is performing operational duty or is undergoing training. Operational duty includes, for example, AGR (Active Guard Reserve) and ADS (Active Duty Support) service. National Guard service does not meet the definition of "active military, naval, or air service" in 38 U.S.C. 101(22) unless the member or former member is service disabled and therefore subject to an exception outlined in 38 U.S.C. 101(24) or 106(:D(3).

(a) The terms AGR and ADS apply to Guard personnel as well as to Reservists serving in these capacities.

( Since 1964 there has been authority under 32 U.S.C. 502(f) to assign National Guard members who provide full-time support to the Reserve components to full-time operational duty even though they are not activated.

(3) Service Verification. The type of National Guard service should be identified on the DD 214. If the information is not indicated on the DD 214, develop with the appropriate component listed in part III, chapter 4. On the 202 Screen in BDN, in the ADDITIONAL INFORMATION FIELD, specifically ask whether the orders stipulated service under Title 10 or under Title 32. If the DD 214 or the response to development with the service department indicates that service was under both Title 10 and Title 32, Title 10 service applies.

c. Discharge for Disability. See paragraph 10.01a(2) and 38 CFR 3.6(a) for the definition of the term "active military, naval or air service." If a person is injured while performing "active service" in the National Guard and the injury is compensable, this person meets the definition of "veteran" if the person was discharged or released from "active service." As used in this definition, the term "released" means return to civilian status even though not relieved from possible liability to serve at a future time (38 U.S.C. 101(2)). The individual does not have to be discharged or otherwise separated from the National Guard. The VA must determine under 38 CFR 3.12 if the individual, for the period of “active service” in which the injury occurred, was released under conditions other than dishonorable. The individual may have a different character of discharge for each “active service” period or for their entire guard service. To grant compensation, the injury must have occurred during an “active service” period that was under conditions other than dishonorable. (see VAOPGCPREC 6-2004)