10 U.S.C. § 12602

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

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(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.(Added Pub. L. 103–337, div. A, title XVI, § 1662(g)(1), Oct. 5, 1994, 108 Stat. 2995.)Editorial NotesPrior Provisions

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

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 2001–2024 · leading case: Gary W. Bowen v. United States, 292 F.3d 1383 (Fed. Cir. 2002).

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Gary W. Bowen v. United States, 292 F.3d 1383 (Fed. Cir. 2002). · cites it 2× “Notwithstanding these two provisions, Major Bowen argues that the Court of Federal Claims erred in discounting the applicability of 10 U.S.C. § 12602 . According to Major Bowen, the definition of “Federal service on active duty” in § 12602 should govern his claim.”

Bowen v. United States, 49 Fed. Cl. 673 (Fed. Cl. 2001). “10 U.S.C. § 12602 (b)(1). The rule appears to be that full-time National Guard duty and state militia training in support of a state are not considered active federal service, even with a federal paycheck, except for the limited purpose of determining how that paycheck and…”

Vieira v. CertusBank Nat'l Ass'n (In re Ladd), 516 B.R. 66 (Bankr. D.S.C. 2014). “Plaintiff also relies on 10 U.S.C. § 12602 (a)(2) in arguing Chris Ladd falls within the scope of the tolling provision of the SCRA.”

Us Ex Rel. Conover v. Anthony, 781 F. Supp. 2d 257 (D. Maryland 2011). · cites it 2× “” 10 U.S.C. § 12602 (b)(3) (emphasis added).”

Parker v. State, 86 So. 3d 791 (La. Ct. App. 2012). · cites it 2× “In support, the State cites 10 U.S.C. § 12602 (b)(2), 5 which defines active duty-Title 32 status as federal service.”

McGrath v. Opm (Fed. Cir. 2020). · cites it 2× “McGrath argues that the Board improp- erly interpreted 10 U.S.C. § 12602 , which concerns general compensation and benefits for members of the Army Na- tional Guard of the United States.”

Garrett v. Morgan Cnty. Sheriff's Off. (N.D. Ohio 2024). · cites it 2× “” 10 U.S.C. § 12602 (a)(3) (emphasis added) As noted above, here, the ONG Defendants argue that Defendants Wilker and Gillum are federal actors because they “were acting in their capacities as officers performing federal training duties under 32 U.”

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