10 U.S.C. § 10107
Army National Guard of the United States: status when not in Federal service
When not on active duty, members of the Army National Guard of the United States shall be administered, armed, equipped, and trained in their status as members of the Army National Guard.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2003–2023 · leading case: Ass'n of Civilian Technicians, Inc. v. United States, 603 F.3d 989 (D.C. Cir. 2010).
Ass'n of Civilian Technicians, Inc. v. United States, 603 F.3d 989 (D.C. Cir. 2010). “" 10 U.S.C. § 10107 ; see id. § 12401. Title 32 provides, in turn, that when not called to federal duty by the President, 32 U.”
In Re Sealed Case, 551 F.3d 1047 (D.C. Cir. 2009). “" 10 U.S.C. § 10107 . As its plain language indicates, section 10107 addresses the status of individual servicemen, not the status of state Army National Guard units within the military department.”
William A. Clark v. United States, 322 F.3d 1358 (Fed. Cir. 2003). “” 10 U.S.C. § 10107 . Meanwhile, section 12401 of Title 10 provides that “[m]embers 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.”
Clark v. United States, 69 Fed. Cl. 443 (Fed. Cl. 2006). “However, the Federal Circuit also quoted 10 U.S.C. § 10107 in that opinion: “When not on active duty, members of the Army National Guard of the United States shall be administered, armed, equipped, and trained in their status as members of the Army National Guard.”
Larry Greene v. Dep't of the Army (MSPB 2023). “§ 10106 (quoted above), with 10 U.S.C. § 10107 (quoted here); see 6 10 U.”
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