10 U.S.C. § 10106
Army National Guard: when a component of the Army
The Army National Guard while in the service of the United States is a component of the Army.
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1997–2023 · leading case: In Re Sealed Case, 551 F.3d 1047 (D.C. Cir. 2009).
In Re Sealed Case, 551 F.3d 1047 (D.C. Cir. 2009). “The Department nonetheless seeks to break the chain by relying primarily on two other provisions: 10 U.S.C. §§ 10106 and 10107. Section 10106 says, "The Army National Guard while in the service of the United States is a component of the Army.”
Allen - Key v. Nicholson, 21 Vet. App. 54 (Vet. App. 2007). “” 10 U.S.C. § 10106 . Section 12401 of title 10, U.”
Jeannemarie Selbe v. United States, 130 F.3d 1265 (7th Cir. 1997). “§ 101 (a)(4) (defining “armed forces” to mean “the Army, Navy, Air Force, Marine Corps, and Coast Guard”); and 10 U.S.C. §§ 3078 and 8078 (respectively declaring that the Army National Guard and the Air National Guard are components of the Army and the Air Force) (repealed; now…”
Abbott v. Biden, 70 F.4th 817 (5th Cir. 2023). “See 10 U.S.C. §§ 10106 , 10112. B. On August 24, 2021, the Secretary of Defense ordered all members of the military to take COVID vaccines.”
Gamble v. Dep't of the Army, 567 F. Supp. 2d 150 (D.D.C. 2008). “See 10 U.S.C. § 10106 . Accordingly, plaintiffs claims against the Alaska Army National Guard are limited to those times when it was on active duty.”
Larry Greene v. Dep't of the Army (MSPB 2023). “The administrative judge reasoned that the CANG was also an “Executive agency” within the meaning of Title 5 because under 10 U.S.C. § 10106 , “[t]he Army National Guard while in the service of the United States is a component of the Army.”
Ramos v. Shinseki, 499 F. App'x 966 (Fed. Cir. 2013). “§§ 101 (21),(10), 101(29); 10 U.S.C. §§ 10106 , 12401 ("[Mjembers of the Army National Guard of the United States and the Air National Guard of the United States are not in active Federal service except when ordered thereto under law”).”
Auth. Under the Def. Base Closure & Realignment Act to Close or Realign Nat'l Guard Installations Without the Consent of State Governors (OLC 2005). “at 345–46, and their units become exclusively components of the United States Armed Forces, see 10 U.S.C. §§ 10106 , 10112 (2000). II. A.”
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