Posted on May 17, 2020
How can State Defense Force members be subject to the UCMJ?
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These soldiers (Airmen, sailors) have no federal status or benefits. They cannot be denied federally. They can't even use the PX or other facilities on base although some Commanders particularly on bases with a lot of National Guard do let them. So I don't see any legal logic to how they can be subject to a federal law. The only thing I could think of is that the states would have to have a parallel set of of laws that a part of state code. However California State Guard members are subject to the UCMJ when on duty!
UCMJ
Law
Posted 4 y ago
Responses: 12
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They are not subject to the UCMJ, per its own terms in Article 2. The State of California has its own military laws which appear to have adopted the UCMJ as a law of the state, and enforceable on the state militia, as modified by statute or by regulation adopted by the governor. So while it says that they are subject to the UCMJ, they are in fact being punished under state law, not federal.
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Capt Gregory Prickett
SGT Michael Hearn - and what's that got to do with either the subject of this post or my comment?
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UCMJ is incorporated into state law for state military reserves:
California Code, Military and Veterans Code - MVC § 560:
(a) The Uniform Code of Military Justice (Chapter 47 (commencing with Section 801 ) of Title 10 of the United States Code) and the rules and regulations adopted thereunder, together with the Manual for Courts-Martial, United States, 1984 (Executive Order 12473 of April 13, 1984, as amended), are hereby adopted as part of this code and shall be applicable to and govern the State Military Reserve.
California Code, Military and Veterans Code - MVC § 560:
(a) The Uniform Code of Military Justice (Chapter 47 (commencing with Section 801 ) of Title 10 of the United States Code) and the rules and regulations adopted thereunder, together with the Manual for Courts-Martial, United States, 1984 (Executive Order 12473 of April 13, 1984, as amended), are hereby adopted as part of this code and shall be applicable to and govern the State Military Reserve.
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LTC (Join to see)
I know it covered in the military and vets code, but it still doesn't seem logical legally that estate you can tell an employee went to that they are subject to a federal law that only applies to people on federal status. SFC Kelley, said they are not unless they have dual-status as a military retiree who is recalled. So it would be interesting question. Although many military retirees and veterans join a State Defense Force it is not neither is required.
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CW3 (Join to see)
LTC (Join to see) - Sir, this question often comes up on RallyPoint. SGM (Join to see) is correct that 560 CMVC essentially is a catch-all for anything not covered by the state code, and many other states follow suit with their own making it so the ICMJ essentially applies (as I stated above in my own post). It does make sense when you consider that they are a government military force, even though they are in a state-owned status. Forces such as these must have legal limitations and a system in place that must be followed. You can find laws limiting law enforcement officers within states as well, and can even go down the line on other government entities. However, with military and police specifically, a lot of authority and power are given to these individuals which laws like these essentially regulate. In fact, under CA Penal Code 830.4(a) California National Guard soldiers and airmen can even be given state police powers under certain conditions, which again, is very similar in other states. The UCMJ and applicable state military codes help to keep good order and discipline within the military forces. And in the case of state forces, it also makes it easier for National Guard soldiers to transition to federal service where the full federal UCMJ does *directly* apply (which happens often as I am sure you are aware).
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Capt Gregory Prickett
LTC (Join to see) - when the state adopts it, it's a state law that they are subject to, not a federal one.
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The State Defense Force is an all volunteer force and does not fall under the authority of the UCMJ. However, as LTC Dolgin mentioned each State has a parallel system that covers the standard behavior of the volunteers.
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