10 U.S.C. § 12401
Army and Air National Guard of the United States: status
Members 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.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1999–2026 · leading case: Allen - Key v. Nicholson, 21 Vet. App. 54 (Vet. App. 2007).
Allen - Key v. Nicholson, 21 Vet. App. 54 (Vet. App. 2007). “Code, provides that “members 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.”
Densley v. Dep't of Ret. Sys., 162 Wash. 2d 210 (Wash. 2007). “” ¶56 Accordingly, the only national guard service for which James Densley is entitled to retirement system service credit is active federal service performed under Title 10 U.”
Frank D. Jones v. New York State Div. of Military & Naval Affairs & New York State Army Nat'l Guard, 166 F.3d 45 (2d Cir. 1999). “Although Jones was in a non-aviation unit and was not assigned an aircraft, he continued to fly assault helicopters as part of the Career Development Aviator Program (“CDAP”).”
William A. Clark v. United States, 322 F.3d 1358 (Fed. Cir. 2003). “” 10 U.S.C. § 12401 . In short, National Guard members are only serving in the federal military when they are called into formal military service.”
Densley v. Dep't of Ret. Sys., 173 P.3d 885 (Wash. 2007). “" ¶ 56 Accordingly, the only national guard service for which James Densley is entitled to retirement system service credit is active federal service performed under Title 10 U.”
United States v. Specialist YORUBA J. JONES (A.C.C.A. 2026). “), in effect at appellant’s court-martial. 3 Persons who enlist in a state National Guard unit simultaneously enlist in the National Guard of the United States as part of the Reserve Component of the United States.”
181106-829 (Board of Vet. App. 2019). “Therefore, to have basic eligibility for veterans benefits based on a period of duty as a member of a state National Guard, a National Guardsman must have been ordered into Federal service by the President of the United States, see 10 U.S.C. § 12401 , or must have performed…”
McGrath v. Opm (Fed. Cir. 2020). “10 U.S.C. § 12401 (“Members 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.”
Ramos v. Shinseki, 499 F. App'x 966 (Fed. Cir. 2013). “54, 57-58 (2007) (“[T]o have basic eligibility for veterans benefits based on a period of duty as a member of a state Army National Guard, a National Guardsman must have been ordered into Federal service by the President of the United States, see 10 U.S.C. § 12401 , or must have…”
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