Impact on the National Guardbestmilitarydefenseucmjdefenselawyer275

  1. 32 U.S.C. § 505 – Training in a state status – No federal military jurisdiction.
  2. 10 U.S.C. § 672 – Training in a federal status – Guard member is subject to jurisdiction and the reserve jurisdiction legislation’s major provisions. This includes involuntary recall.
    But see In United States v. Dimuccio, 61 M.J. 588 (A.F. Ct. Crim. App. 2005) (holding that a Guard member in Title 10 status was not subject to an inspection under MRE 313 ordered by a commander in Title 32 status and suppressing the positive urinalysis resulting from that inspection).
  3. Federal status continues until the guard member has completed his federal service (excluding AWOL time) and federal jurisdiction exists notwithstanding state action to terminating jurisdiction.
    United States v. Wilson, 53 M.J. 327 (2000).