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Why Are National Guard Members Not Considered Veterans?

Published in Military Service Status 3 mins read

Not all National Guard service automatically confers veteran status; it primarily depends on the type and duration of active duty orders under which a member served. While National Guard members serve their country with dedication, their typical drill weekends and annual training periods do not meet the federal definition of active duty required for veteran status.

The Path to Veteran Status for National Guard Members

For a National Guard member to be recognized as a veteran by the Department of Veterans Affairs (VA), their service must typically include a call to active duty under specific federal authorities. This distinction is crucial and often misunderstood.

Generally, National Guard members may qualify for veteran status if they were:

  • Called to Active Duty under Title 10 U.S. Code: This occurs when the President federalizes National Guard units, deploying them for national emergencies, conflicts, or other federal missions (e.g., deployments to combat zones, domestic support for federal operations). Service under Title 10 typically qualifies for veteran status and associated VA benefits, provided the service period meets minimum duration requirements.
  • Called to Active Duty under Title 32 U.S. Code: This involves a state governor calling up National Guard units, but for specific federal missions or in support of federal operations (e.g., some border security operations, specific disaster responses with federal funding). While initiated by the state governor, if the orders are for a federal mission and the service is funded by federal appropriations, it can also qualify for veteran status, contingent on the nature and duration of the duty.

It's important to note that state active duty (when a governor calls up the National Guard for purely state-level missions, such as natural disaster response within the state, without federal orders or funding) generally does not qualify a member for veteran status, as it does not fall under the federal active duty definitions.

Key Distinctions for Eligibility

The critical factor determining veteran status for National Guard members is whether their service constitutes "active duty" as defined by federal law for the purpose of VA benefits.

Here’s a simplified breakdown of different types of service and their impact on veteran status:

Criterion Title 10 Active Duty Title 32 Active Duty (Qualifying) State Active Duty (Non-Qualifying)
Activated By President of the United States State Governor (for federal mission) State Governor (for state mission only)
Primary Funding Federal government Federal government State government
Veteran Status Typically qualifies (with minimum service period) Can qualify (if specific federal mission & duration) Generally does NOT qualify
Purpose National defense, federal operations, combat deployments Federal support within the state, specific federal programs State emergencies, disaster response within the state

For more detailed information regarding eligibility and benefits, individuals can refer to the official resources provided by the U.S. Department of Veterans Affairs.

In summary, while all National Guard service is valuable, only specific types of federalized active duty typically lead to veteran status and eligibility for federal veterans' benefits.