From the Chief: Our Legal Basis

I was born and raised in Happy Camp, California. Yes, it’s a real place. Yes, I’m a Happy Camper. And no, there isn’t a single stoplight in the entire town.

But what Happy Camp lacks in stoplights it makes up for in mystery and legend. My hometown is known for Bigfoot. Happy Camp is home to four Bigfoot statues and the annual three-day Bigfoot Jamboree.

There are countless questions surrounding Bigfoot: Where do they live? How many are there? How are they so good at hiding? But the mystery, myth and legend of Bigfoot is nothing compared to the confusion and complexity of National Guard duty statuses.

Everywhere I travel, I get questions about duty status in the National Guard — even from Guardsmen and their families.

Everywhere I travel, I get questions about duty status in the National Guard.

This confusion is understandable. A simple question like “Who do you work for?” can change from day to day. But that confusion can mean missing out on career opportunities, overlooking details that affect retirement and other benefits or misunderstanding our fundamental mission.

This month, I want to talk about status — what are the different statuses and why they matter.

The Constitution divides power between the federal government and the state governments. The role of federal forces is defined in Title 10 of the U.S. Code. The role of each state’s militia — today’s Guard — is defined in Title 32. Together, they provide the legal basis of our organization and our missions.

Both Title 10 and Title 32 deal with how we serve: Who has command authority, what missions we perform, where we serve and — critically — who pays for it all.

In a Title 10 status, the president is our commander in chief and command and control belongs to the combatant commander. Title 10 duty can take place anywhere in the world, and it’s paid for by the federal government. Combat operations are obviously Title 10, but overseas training exercises like African Lion also fall under Title 10.

Because these are federal roles on a federal mission, Guardsmen are entitled to federal pay and allowances. All the military professionals that work at the National Guard Bureau are also Title 10, typically as part of what we call the statutory tour program.

In a Title 32 status, the regulations and funding are federal, but command and control is at the state level. A state’s governor is commander in chief, and command and control is under the adjutant general. The duty assignment can be in the state itself or across the United States. The federal government pays for Title 32 activities, whether they are a big disaster response or ordinary drill weekends.

With state active duty, the missions, regulations and control are all at the state level. The biggest difference between Title 32 and state active duty is who picks up the check — in this case, it’s the state. As a result, the pay and benefits are different, and they are determined by state law. State-level disasters and emergencies, like a local flood or a COVID-related bus driver shortage, are typically state active duty.

These different statuses and what they mean — Title 10, Title 32 or state active duty — can be confusing for Guardsmen, their families and their employers. That’s why we’re working with Congress to simplify statuses and authorities and address inequities in pay and benefits. But these statuses are also what make the Guard a unique force, capable of any mission.

While our primary purpose is fighting America’s wars as the combat reserve of the Army and the Air Force, we don’t have to go overseas to serve our nation or make a difference. In fact, most of the time, we serve where we live.

We represent our states, territories and the District of Columbia, and help our communities in times of crisis. We can respond quickly when our fellow Americans need us, because we’re already there — the towns where we live, the cities where we work, the counties where our kids go to school.

Unlike the active component or the Reserves, our unique statuses and authorities are what allow us to bring our combat skills and equipment to help our neighbors here at home.

Even if we share that home with Bigfoot.

The author is chief of the National Guard Bureau.