Are National Guard soldiers civilians when off duty?

2017-12-21T15:59:20-05:00

I've heard UCMJ only applies when they're heading to or from drill, at drill, or on orders. UCMJ always applies to active duty.

Response by SPC David Willis made Dec 21 at 2017 4:03 PM

2017-12-21T16:03:52-05:00

I don't believe NG soldiers are subject to UMCJ at any time other than when drilling and being paid under a MUTA or activated under title 10.

Response by Capt Private RallyPoint Member made Dec 21 at 2017 4:08 PM

2017-12-21T16:08:21-05:00

There is a RP topic on this. It might surprise you. I know it did me.

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Response by Cpl Scott McCarroll made Dec 21 at 2017 5:35 PM

2017-12-21T17:35:09-05:00

I have always thought that they where weekend warrior, and they are supposed to be for the governor of the of there the the state. I have always thought that they were supposed to help with that State Governor in time of disaster. I don't know how the President was able to take them to the Middle East. Now that being said, if they are being used for anything that from pealing potatoes, to front line troops. As such they should receive any and all benefits that are bestowed on any of the other brachs.

Response by MAJ Private RallyPoint Member made Dec 21 at 2017 6:03 PM

2017-12-21T18:03:59-05:00

No. National Guard Soldiers and Airmen are not civilians. They are commissioned and enlisted members of their respective armed service, hold security clearances, CAC cards, have service obligations, etc. Another respondent is correct that the UCMJ does not apply to anyone outside of the Title 10 umbrella, which includes Guard service members with the exception of their Federalization. However, states have a "State Code of Military Justice" that lightly mirrors it's federal counterpart.

Response by LTC Robert Gray made Dec 22 at 2017 5:34 AM

2017-12-22T05:34:16-05:00

UCMJ applies from sign in to sign out for drills. It does not apply while traveling to or from MUTAs. While on orders it applies from the date on the orders until release on the orders. There have been a number of court cases that have determined this. These cases primarily dealt with injuries or fatalities to Reserve or Guard members who where traveling to or from drills. Benefits where denied because the courts found that the SM was not in a duty status at the time of the injury of death.

Also realize that signing out also constitutes a break in service. This precludes any UCMJ actions for conduct which occurred during one MUTA and another if the soldier was allowed to sign out and not retained on an active status. Commanders are trained in methods to prevent the break in service and will retain the SM in an active status for serious offenses.

Response by SPC Private RallyPoint Member made Dec 22 at 2017 12:30 PM

2017-12-22T12:30:23-05:00

Many States have something similar the UCMJ and we are always subject to it. In the Arizona National Guard we have the ACMJ, the Arizona Code of Military Justice and it mirrors the UCMJ. In the United States National Guard you are always subject to your actions whether on duty or off. You are a Soldier or an Airmen whether you are Active Duty, National Guard, or Reserves and are expected to act as such.

Response by SSG Guy Gould made Jan 17 at 2018 2:09 AM

2018-01-17T02:09:57-05:00

Nope. Take it from me Specialist. Nothing could be further from the truth. At one point in my not-so-illustrious active duty career, I was assigned with deploying national guard and reserve Soldiers who passing through Fort Stewart to get to their deployment. Do yourself a favor a remove every adjective in front of the word Soldier, Marine, Sailor, Airman, or Guard. There is no adjective that reverses a service members status to make any of these a civilian ... ever. Once a Soldier, Always a Soldier and never forget that.

Response by CW3 Private RallyPoint Member made Jan 17 at 2018 3:15 AM

2018-01-17T03:15:52-05:00

While it is true that the UCMJ does not really apply to National Guard Soldiers outside of active duty orders, every state I am aware of has a state code which mirrors it. For instance, in California we have something called the "California Military and Veterans Code" which, in addition to the laws addressed in it, also states that laws covered in the UCMJ will also apply to California National Guard Soldiers and Airmen. This is why the UCMJ is still routinely referenced when disciplining National Guard troops, and in other National Guard documentation.

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2018-01-17T06:25:01-05:00

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