Each State sets the requirements to join, remain, be promoted or rewarded, and conditions of employment such as a minimum amount of duty performed in a year, and whether any duty is paid or nonpaid, and whether the individuals are covered by various civil service or retirement pension plans.Most State Guard duty is performed without pay, in a volunteer status.However, under Title 32 orders, individual members of the Army National Guard and Air Force National Guard are still subject to their respective State codes of Military Justice, which often resemble the UCMJ very closely, and/or their State civil and criminal laws.
The State Guard is often specialized, based on each State's requirements, for missions such as wilderness search and rescue, light aviation, forest firefighting, law enforcement, or general emergency management roles.
Under each State's own authorities, State Guard members may be ordered to State Active Duty (SAD), in a status similar to National Guard members in a Title 32 status but solely under State authority and discipline, and also may be provided with the training, equipment, and authority to act as law enforcement officers with powers of arrest.
State Guard organizations typically are organized similarly to a military force, and usually report to the senior National Guard officer in each State, known as the Adjutant General.
In this sense, the State Guard are auxiliaries to each State's Constitutionally authorized organized militia forces, the Army and Air Force National Guard.
While the Coast Guard is administered under Title 14 of the United States Code when not operating as part of the U. Navy, individuals commissioned or enlisted in the Coast Guard are subject to the UCMJ as an Armed Force.
However, commissioned members of the NOAA and PHS, as Uniformed Services, are only subject to the UCMJ when attached or detailed to a military unit or militarized by Presidential executive order during a national emergency or declaration of war.
While the State Guard organizations are subject to recall to SAD, or other workforce requirements as imposed by their State, they are not subject to either partial or full mobilization authorities under Title 10.
However, the individual State Guard members often have dual-status as both State Guard and a Federally recognized uniformed services member, such as a Texas State Guard officer who is also a retired US military officer.
Discipline in the sea services was provided under the Articles for the Government of the United States Navy (commonly referred to as Rocks and Shoals). 604), its naval counterpart remained little changed by comparison. If the sentence, as approved by the convening authority, includes death, a bad conduct discharge, a dishonorable discharge, dismissal of an officer, or confinement for one year or more, the case is reviewed by an intermediate court.