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Serving two bosses
I have received several calls from officers re- questing information about the difference be- tween the Reserve and National Guard service. Two officers were contemplating enlisting, while the other officers were
duty for specific state missions and full-time Guard positions.
This type of state-level activation is guided by state laws and
policies, but it is funded by the federal government after
approval from the POTUS. This typically happens with
large-scale, state-related missions: major natural di-
being mobilized to active service regard- ing COVID-19. I’ll attempt to provide a simple explanation of pay, benefits and service status.
“The Army Reserve has this fundamental imperative to be ready enough for the next fight,” says Chief of Army Reserve Lieutenant General Charles Luckey. This most definitely applies to the National Guard as well.
Serving in the National Guard means you serve two bosses: a state governor and the President of the United States (PO- TUS). Keeping score of your earned benefits under the two bosses can be confusing.
Federal authority over servicemembers falls under Title 10 of the U.S. Code. These laws apply to active duty, reservists and Guard members who are ordered to federal-level active duty for federal-level missions. Funding comes from the fed- eral government. POTUS is the boss.
Federal authority over National Guard members falls un- der Title 32 of the U.S. Code. This is considered federal active
Recording Secretary sasters, for example. The governor is the boss even
MILITARY RERPeOporRt T
JERRY CRUZ
though the state mission is sanctioned and funded by the federal government.
The confusion sets in when you are not activated under
Title 10 or 32 but you are called up for a state-level mission by the state governor specifically under state authority and state funding. This situation occurs when a governor utilizes the Guard purely within the jurisdiction of a state-specific, state-managed mission, such as local control over a limited civil disturbance. We’ll call this “state activation” for the pur- pose of keeping it simple.
Active-duty members of the National Guard, whether ac- tivated are under Title 10 or 32, receive the same benefits and service credit as federal active-duty servicemembers — technically, you are a federal employee. You could retire after 20 years of service and receive immediate retired pay if you racked up 20 years of Title 10 or 32 duty. You receive all the benefits associated with holding an active duty ID card: edu- cation, leave, base privileges and health care for you and your family while activated.
For those on “state activation,” you receive pay, benefits, and retirement credit according to the state’s employment laws, policies, and programs. Federal laws, policies, and money do not apply. You are a state employee.
To retire from the Guard and Reserve with federal service benefits, you must earn a minimum of 20 “good years” of fed- eral service credit. A “good year” is a minimum of 50 service points. Once you earn 20 creditable years of service, you can retire to the gray zone and await pay and benefits at age 60. If you don’t qualify for federal service retirement, a Guard member may qualify for a state’s retirement program. Keep in mind that eligibility for Veteran Administration (VA) benefits requires federal active service, Title 10 or 32.
Did you know about a free Chicago Transit Authority (CTA) Military Service Pass? Active-duty members of the Reserves and National Guard (and qualifying veterans who are 10 per- cent or higher VA-rated service-connected disability) are eli- gible. These passes work only on the CTA and are not avail- able for Metra bus and rail service. Applications are accepted in person the first Tuesday of every month at 100 W. Randolph St., Suite 5-507 and on the fourth Tuesday of every month at the Jesse Brown VA Medical Center.
Thank you for all you do, and please be careful out there.
If you have questions or comments, please send me an email at LTC_Cruz@wowway.com.
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