Title 10 vs Title 32 Orders - What is the Difference? (2024)

When it comes to the National Guard vs the active Army and Air Force, there are different types of orders that National Guard members may receive. Title 10 and Title 32 orders.

What is the difference though?

Title 10 vs Title 32 Orders

Title 10 orders are issued under the authority of the president and involve federal active-duty military service. This means that when a National Guard member is activated under Title 10 U.S.C., they are directed by the president to report for federal active-duty military service. These orders typically involve overseas mobilizations and have a focus on national defense.

On the other hand, Title 32 orders are authorized by a state’s governor and involve active duty under state control, with pay and benefits provided by the federal government.

Activation under Title 32 U.S.C. means that the National Guard member performs active duty under state control but receives pay and benefits from the federal government. These orders are often used for natural disasters and state-level missions.

It’s important to note that the specific duties, deployments, and entitlements associated with each order type can vary.

Activation under Title 10

When an Army National Guard or Air National Guard member is activated under Title 10 U.S.C., they are directed by the president to report for federal active-duty military service. This means they participate in military operations and are entitled to the same pay, benefits, and legal protections as active duty military members such as the SCRA.

Activation under Title 10 U.S.C. typically involves overseas mobilizations and is focused on national defense.

Activation under Title 32

Activation under Title 32 U.S.C. involves the authorization of a state’s governor by the president to mobilize or activate the National Guard within the state.

This type of activation places National Guard members on active duty under state control, while their pay and benefits are provided by the federal government. While Title 32 orders are commonly used for natural disasters and state-level missions, they can also encompass a range of other assignments.

National Guard members who are activated under Title 32 for a duration exceeding 30 days may be eligible for certain benefits.

These benefits can include access to Tricare healthcare and financial assistance. As well as Basic Allowance for Housing (BAH). It’s crucial for Guard members to understand the opportunities for federal benefits under Title 32 and ensure that they meet the required criteria to qualify.

Additionally, Guard members activated under Title 32 may also accumulate retirement credit for their service.

State Active Duty

State Active Duty is when a National Guard member is ordered to active duty solely by the governor of their state.

This typically occurs in response to state-level disasters or emergencies. During State Active Duty (SAD), Guard members may be granted the authority to act in a law enforcement capacity, which is generally prohibited under Title 10 orders unless explicitly authorized by Congress.

It’s important to note that during State Active Duty, Guard members are considered state employees, and their pay and benefits are determined by state law.

This means that they are not eligible for federal benefits that would normally be available to those activated under Title 10 or Title 32 orders. This is a complaint you often hear from Guard service members about SAD orders.

Differences in Duties and Deployments

When comparing Title 10 and Title 32 orders, it’s essential to understand the differences in the duties and deployments associated with each type of order.

While Title 10 orders typically involve overseas mobilizations and national defense efforts, Title 32 orders are primarily used for responding to natural disasters and state-specific missions.

Under Title 10 orders, National Guard members may be deployed internationally to support national defense efforts. This can involve various tasks such as combat operations, peacekeeping missions, and providing support to active duty military units. These deployments often require Guard members to serve in active combat zones and operational theaters overseas.

On the other hand, Title 32 activations are primarily focused on state-level operations. This includes responding to natural disasters such as hurricanes, floods, wildfires, and other emergencies within the state’s jurisdiction. Guard members activated under Title 32 orders may be involved in search and rescue operations, providing humanitarian aid, and assisting in disaster relief efforts.

While the typical assignments for Title 10 and Title 32 orders follow the patterns described above, it’s important to note that there can be exceptions to these general rules.

There may be instances where National Guard members activated under Title 10 orders are deployed for domestic operations, such as providing support during national emergencies or responding to widespread crises. Similarly, Title 32 activations can sometimes involve missions beyond responding to natural disasters, depending on the specific needs and requirements of the state by order of the governor.

Deployment Examples:

• Under Title 10 orders: Deployment to a combat zone in the Middle East to support ongoing military operations.
• Under Title 32 orders: Deployment to assist in search and rescue operations during a hurricane in their home state.

Benefits and Entitlements

National Guard members activated under Title 10 or Title 32 orders are entitled to a range of benefits and entitlements.

Regardless of the order, Guard members receive basic pay, allowances, and travel pay for orders of 30 days or less. However, the specifics can vary depending on the order type and the nature of the activation.

• Pay and Allowances – Both Title 10 and Title 32 activations provide Guard members with basic pay, which is determined by the member’s rank and years of service. In addition to basic pay, Guard members may be eligible for various allowances, such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS). It’s important to note that BAH rates can vary depending on the order type and length. Under Title 32 orders, Guard members receive BAH at a rate that does not vary by location. However, under Title 10 orders, BAH is based on the member’s permanent duty station location.
• Healthcare – Guard members and their families have access to healthcare benefits through the Tricare Reserve Select program. This program offers comprehensive healthcare coverage for a monthly premium, allowing Guard members and their families to receive medical care from a network of healthcare providers.
• Retirement Credit – All service under either Title 10 or Title 32 orders counts towards retirement credit. This means that every day of service contributes to the total number of years required to qualify for federal service retirement benefits. Guard members must accumulate a minimum of 20 “good years” of federal service credit, with a minimum of 50 service points each year, to be eligible for federal service retirement.

It’s important for Guard members to familiarize themselves with the specific benefits and entitlements associated with their order type. Whether it’s understanding the variations in pay and allowances, accessing healthcare benefits through Tricare Reserve Select, or keeping track of retirement credit, being informed about available benefits can help Guard members make the most of their service.

Retirement Considerations

Retirement is an important consideration for National Guard members, and it varies depending on the type of orders they serve under.

For those aiming to qualify for federal service retirement benefits, a minimum of 20 “good years” of federal service is required, with at least 50 service points earned each year. These years of federal service usually involve service under Title 10 or Title 32 orders.

If a Guard member does not meet the requirements for federal service retirement, they can rely on their state’s retirement program. Each state has its own retirement program for Guard members who do not qualify for federal retirement benefits.

Guard members should carefully plan their service to meet the required years and points. They can also explore contributing to other retirement programs such as a Thrift Savings Plan.

VA Benefits Eligibility

One of the essential considerations for National Guard members is their eligibility for VA benefits.

To qualify for these benefits, federal active service under either Title 10 or Title 32 activation is generally required. This means that Guard members who are activated under either order type may be eligible for a range of benefits offered by the Department of Veterans Affairs, including healthcare and other support services.

It’s important to note that state call-ups or activations under State Active Duty may not meet the criteria for VA benefits, as they are typically considered state-level missions. Again, this has been a huge issue for a lot of Guard members if they can hurt on SAD orders.

Understanding the specific requirements and criteria for VA benefits eligibility can be crucial down the road.

The VA offers various programs and resources to support service members and veterans, ensuring they receive the necessary care and assistance they need. Guard members should explore the available options and consult with VA representatives to determine their eligibility and access to these valuable benefits.

Benefits offered by the Department of Veterans Affairs

• Healthcare services, including hospital care, preventive care, and mental health services
• Disability compensation for service-connected injuries or illnesses
• Educational benefits, such as the GI Bill for tuition assistance and vocational rehabilitation
• Home loan guarantees and assistance for purchasing, building, or adapting homes
• Life insurance programs for active duty service members and veterans
• Employment and vocational support through job placement and training programs
• Survivor and dependent benefits for eligible family members of deceased service members

Title 10 and Title 32 Orders

Understanding the differences between Title 10 and Title 32 orders is important for National Guard members.

Again, Title 10 orders involve federal active-duty military service, providing opportunities for overseas mobilizations and focusing on national defense.

While Title 32 orders involve state-controlled active duty with federal pay and benefits, typically for natural disasters and state-level missions.

It is key for a National Guard member to be aware of their duty status, track their service points and orders, and familiarize themselves with the applicable state and federal benefit programs.

Remember:

• Title 10 orders involve federal active-duty military service, while Title 32 orders involve state-controlled active duty with federal pay and benefits.
• Activation under Title 10 U.S.C. typically involves overseas mobilizations and focuses on national defense.
• Title 32 activations are generally used for natural disasters and state-level missions.
• Guard members activated under Title 10 may be deployed internationally, while Title 32 activations are focused on state-level operations.
• Retention of pay and benefits depends on the type of order and the specific state and federal programs. It’s essential to understand the eligibility criteria for federal benefits and retirement based on the order type and specific retirement programs in place.