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Submission For The Record of Peter J. Duffy, National Guard Association of the United States, Deputy Director Legislation

The National Guard is unique among components of the Department of Defense in that it has the dual state and federal missions. While serving operationally on Title 10 active duty status in Operation Iraqi Freedom (OIF) or Operation Enduring Freedom (OEF), National Guard units are under the command and control of the President. However, when not deployed on title 10 orders, members of the National Guard serve under the command and control of their governors  to protect their communities from all manner of threats while continuing to train. As a special branch of the Selected Reserves they train not just for their federal missions but for their potential state active duty missions such as fire fighting, flood control and providing assistance to civil authorities in a variety of possible disaster scenarios.

While serving in their states, members are scattered geographically with their families as they hold jobs, own businesses, pursue academic programs and participate actively in their civilian communities. Against this backdrop, members of the National Guard remain ready to uproot from their families and civilian lives to serve their governor domestically or their President in distance parts of the globe as duty calls and to return to reintegrate within the same communities when their missions are accomplished. The National Guard is always ready and always there as the daily national news will certainly reflect.

When persons join the National Guard or Reserve they give the President a blank check to use them as the President deems necessary. It remains up to the President to decide just how to use them. Historically there was no assurance that those serving in the National Guard would be deployed in federal service under title 10 orders that would qualify them as veterans as that term is defined in the US Code. It was not unusual for members to serve their state and nation honorably for twenty years trained and ready for a call to federal service which never came. This was through no design or machinations on their part but strictly a function of the President’s exercise of discretion in deciding whether to activate them for federal service or not.

 Because of an oddity in the law, those members of the National Guard and Reserve who have served honorably for twenty years to earn military retirement pay cannot call themselves veterans unless they have served on qualifying title 10 active duty. This is neither fair nor respectful as these members remained trained and ready for federal missions throughout their honorable service.  But for the chance call up order from the President, their service is indistinguishable from that of  the active forces who can freely separate from service and use the veterans appellation irrespective of any overseas deployment.

NGAUS strongly supports H.R. 3787. The time is long past due to extend the well earned status of veteran to our dedicated career men and women of the National Guard and Reserve without conditioning the same on a chance call to serve on qualifying title 10 active duty. Their selfless and honorable service deserves nothing less than to bestow upon them the right to call themselves veterans.