National Guard and Reserve Eligibility for the Post-9/11 GI Bill

National Guard and Reserve Eligibility for the Post-9/11 GI Bill

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June 7, 2021
National Guard and Reserve Eligibility for the Post-9/11 GI Bill
The Post-9/11 GI Bill is a popular educational assistance
National Guard and Reserve Activations
program designed for servicemembers and veterans and
There are a variety of statutory authorities under which
their family members. In FY2021, almost 725,000
G&R personnel may be ordered to perform full-time duty.
individuals are anticipated to receive average benefits of
The President can order G&R personnel to perform federal
$16,230 each. Since enactment of the Post-9/11 GI Bill in
active duty in certain circumstances under Title 10 of the
2008, the eligibility of National Guard and Reserve (G&R)
U.S. Code. A governor can order National Guard personnel
members has been the subject of ongoing debate that has
to perform state active duty (SAD) under state law.
produced several amendments that expand their eligibility.
Additionally, in certain circumstances a governor can order
National Guard personnel to perform Full Time National
This In Focus provides background on G&R eligibility for
Guard Duty (FTNGD) under Title 32 of the U.S. Code.
the Post-9/11 GI Bill and describes questions for Congress
to consider as G&R eligibility continues to be at issue.
Original Post-9/11 GI Bil Eligibility
As originally enacted, the Post-9/11 GI Bill allowed G&R
Background
personnel to accrue credit toward benefits by performing
qualifying duty under six provisions of Title 10 of the U.S.
Background on the Post-9/11 GI Bill
Code. At that time, three of these authorities were the
Per Section 5001 of the Supplemental Appropriations Act,
primary authorities being used to support operations in Iraq
2008 (P.L. 110-252), the Post-9/11 GI Bill was enacted in
and Afghanistan (10 U.S.C. §§688, 12301(d), and 12302)
response to findings that “service on active duty in the
while a fourth was related to the possibility of being
Armed Forces [had] been especially arduous … since
captured in combat (§12301(g)). The other two authorities–
September 11, 2001,” and to recognize the value of military
10 U.S.C. §§12301(a) and 12304–were intended to be used
service.
for war or national emergencies.
Among the eligibility requirements for the Post-9/11 GI Bill
Expansions in Post-9/11 GI Bill Eligibility for G&R
are minimum qualifying active duty service requirements
Since 2010, the definition of qualifying duty for purposes of
that must be met on or after September 11, 2001. For most
the Post-9/11 GI Bill has expanded to provide broader
qualifying servicemembers, their benefit level increases
eligibility for G&R personnel. Changes to qualifying duty,
incrementally as their aggregate time in qualifying active
and the year the change was made, are listed below, along
duty service increases. For eligibility, most servicemembers
with some rationale.
require a minimum of 90 days in qualifying active duty
service. For maximum benefit levels, most servicemembers
 2011. FTNGD, when authorized by the President or the
require 36 months in qualifying active duty service.
Secretary of Defense for the purpose of responding to a
Qualifying servicemembers may use their Post-9/11 GI Bill
national emergency declared by the President and
benefits while serving or as a veteran, or if eligible, they
supported by federal funds, was added as qualifying
may transfer their benefits to one or more family members .
duty.
Background on the National Guard and Reserve
 2011. FTNGD for the purpose of organizing,
There are seven individual reserve components of the
administering, recruiting, instructing, or training the
Armed Forces, and they are collectively referred to as the
National Guard was added as qualifying duty in
reserve component (RC). Five of the reserve components
recognition that such duty was substantially similar to
are exclusively federal organizations: the Army Reserve,
duty under 10 U.S.C. Section 12301(d) for the reserves
Navy Reserve, Marine Corps Reserve, Air Force Reserve,
that are exclusively federal organizations.
and Coast Guard Reserve. The other two—the Army
National Guard and Air National Guard—have both state
 2013. An activation authority specifically for Coast
and federal roles. There are National Guard organizations in
Guard Reserves to augment the active component (14
each state, Puerto Rico, Guam, the U.S. Virgin Islands, and
U.S.C. §3713) was added as qualifying duty.
the District of Columbia. While the District of Columbia
National Guard is an exclusively federal organization and
 2017. Two new activation authorities enacted in 2011
operates under federal control at all times, the other 53
(10 U.S.C. §§12304a and 12304b) were added as
National Guards operate as state or territorial organizations
qualifying duty.
unless ordered into federal service.
See Table 1 for a complete list of the authorities under
which an individual can qualify for the Post-9/11 GI Bill.
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National Guard and Reserve Eligibility for the Post-9/11 GI Bil
Table 1. Post-9/11 GI Bill Qualifying Duty for National Guard and Reserve (G&R) Personnel
Statutory Authority
Description
10 U.S.C. §688
Retiree Recall. Al ows retired military personnel, including retired G&R personnel, to be ordered to active duty.
10 U.S.C. §12301(a)
Full Mobilization. Al ows involuntary activation of G&R personnel upon congressional declaration of war. It is
similar to authority used to activate G&R personnel during World War II; it has not yet been used.
10 U.S.C. §12301(d)
Voluntary Activation. Al ows G&R personnel to volunteer for duty. Used for a wide variety of missions,
including combat operations, federal COVID-19 response, and training. Used for the federal reserve components’
Active Guard and Reserve (AGR) program, which involves full-time duty organizing, administering, recruiting,
instructing, and training. Used for National Guard AGRs serving at the federal level as wel .
10 U.S.C. §12301(g)
Captivity. Al ows military personnel in a missing status due to hostile action to be ordered to, or retained on,
active duty.
10 U.S.C. §12301(h)
Medical. Al ows G&R personnel to be ordered to, or retained on, active duty for medical care or disability
evaluation.
10 U.S.C. §12302
Partial Mobilization. Al ows involuntary activation of G&R personnel upon presidential declaration of a national
emergency. This has been the main authority used to order G&R personnel to duty for operations in Afghanistan
and Iraq. Also being used for federal COVID-19 response.
10 U.S.C. §12304
Presidential Reserve Call Up. Al ows involuntary activation of G&R personnel at the direction of the President.
Formerly used at the start of the 1990-1991 Persian Gulf War and for the Bosnia and Kosovo missions.
10 U.S.C. §12304a
Major Disaster or Emergency. Al ows involuntary activation of Army Reserve, Navy Reserve, Marine Corps
Reserve, and Air Force Reserve to respond to a major disaster or emergency. Used briefly for federal COVID-19
response efforts in 2020, then superseded by Partial Mobilization authority.
10 U.S.C. §12304b
Pre-Planned Missions. Al ows involuntary activation of G&R personnel for pre-planned missions in support of a
Combatant Command. Used for various missions such as air defense, security cooperation, and aviation support.
14 U.S.C. §3713
Disaster Response. Al ows involuntary activation of Coast Guard Reserve during, or to aid in prevention of, a
disaster, accident, catastrophe, act of terrorism, or transportation security incident. Used for the Deepwater
Horizon oil spil .
32 U.S.C. §502(f)
Full-Time National Guard Duty. Used for National Guard personnel performing full-time duty in the state-
level National Guard AGR program. Also used for National Guard personnel performing full-time duty in support
of operations or missions undertaken by the member’s unit at the request of the President or Secretary of
Defense, such as state COVID-19 response and security operations in the District of Columbia.

Considerations for Congress
Secretary of Defense in response to a national emergency
declared by the President and supported by federal funds.
What is the appropriate minimum period of
This limitation could prevent some activations from
qualifying service?
qualifying. For example, activations in response to the
Individuals who serve an aggregate minimum of 90 days of
President declaring a “major disaster” or “emergency”
qualifying active duty may be eligible to receive 50% of the
under the Robert T. Stafford Disaster Relief and Emergency
maximum Post-9/11 GI Bill benefit payments. In March
Assistance Act would appear not to qualify.
2020, National Guard members were initially deployed for
89 days of qualifying active duty to support operations
In 2019, National Guard activations under 32 U.S.C.
related to the national COVID-19 emergency. Partially in
Section 502(f) at the request of the Secretary of Defense to
response to congressional concerns, the activations were
secure the southern border did not originally qualify toward
extended to ensure individuals had sufficient time to qualify
the Post-9/11 GI Bill. The Secretary later deemed such
for the Post-9/11 GI Bill without additional duty periods.
activations to be a federally funded response to a national
emergency declared by the President on February 15, 2019
Which activation authorities should qualify?
(Proclamation 9844, 84 Federal Register 4949). As a result,
There are several activation authorities, and new authorities
the activations became qualifying duty for the purposes of
may be established. In addition to 32 U.S.C. Section 502(f),
the Post-9/11 GI Bill.
full time National Guard duty may be performed under
several other sections of Title 32 of the U.S. Code and
Cassandria Dortch, Specialist in Education Policy
entitle the member to pay from the United States.
Lawrence Kapp, Specialist in Military Personnel Policy
What is the appropriate level of secretarial
IF11849
discretion?
To be Post-9/11 GI Bill-qualifying, 32 U.S.C. Section
502(f) orders must be authorized by the President or the
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National Guard and Reserve Eligibility for the Post-9/11 GI Bil

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