§12602 — Title 10 Armed Forces | U.S. Code

Summary

Treats certain National Guard work as federal Reserve service for laws that give benefits to members and to their dependents and beneficiaries. If a Guard member does training, duty, or other service for which the United States pays them, that time counts as Reserve service. Full‑time National Guard duty counts as federal active duty as a Reserve. Inactive‑duty training done under regulations in section 502 of title 32 (or other law) counts as federal inactive‑duty Reserve service. For the Army Guard, it counts as Reserve of the Army. For the Air Guard, it counts as Reserve of the Air Force.

Title 10, §12602

Armed Forces — Source: USLM XML via OLRC

(a)For the purposes of laws providing benefits for members of the Army National Guard of the United States and their dependents and beneficiaries—

(1)military training, duty, or other service performed by a member of the Army National Guard of the United States in his status as a member of the Army National Guard for which he is entitled to pay from the United States shall be considered military training, duty, or other service, as the case may be, in Federal service as a Reserve of the Army;

(2)full-time National Guard duty performed by a member of the Army National Guard of the United States shall be considered active duty in Federal service as a Reserve of the Army; and

(3)inactive-duty training performed by a member of the Army National Guard of the United States in his status as a member of the Army National Guard, in accordance with regulations prescribed under section 502 of title 32 or other express provision of law, shall be considered inactive-duty training in Federal service as a Reserve of the Army.

(b)For the purposes of laws providing benefits for members of the Air National Guard of the United States and their dependents and beneficiaries—

(1)military training, duty, or other service performed by a member of the Air National Guard of the United States in his status as a member of the Air National Guard for which he is entitled to pay from the United States shall be considered military training, duty, or other service, as the case may be, in Federal service as a Reserve of the Air Force;

(2)full-time National Guard duty performed by a member of the Air National Guard of the United States shall be considered active duty in Federal service as a Reserve of the Air Force; and

(3)inactive-duty training performed by a member of the Air National Guard of the United States in his status as a member of the Air National Guard, in accordance with regulations prescribed under section 502 of title 32 or other express provision of law, shall be considered inactive-duty training in Federal service as a Reserve of the Air Force.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 3686 and 8686 of this title, prior to repeal by Pub. L. 103–337, § 1662(g)(2).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

§12602 Members of Army National Guard of United States and Air National Guard of United States: credit for service as members of National Guard