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|[[Alaska State Defense Force]] [http://www.ak-prepared.com/asdf/]
|[[Alaska State Defense Force]] [http://www.ak-prepared.com/asdf/]
|[[Alaska Naval Militia]] [http://www.ak-prepared.com/dmva/97report/Naval_Militia.htm]
|[[Alaska Naval Militia]] [http://www.ak-prepared.com/dmva/97report/Naval_Militia.htm]
|[[http://touchngo.com/lglcntr/akstats/Statutes/Title26/Chapter05/Section100.htm]]
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|[[Arizona]]
|[[Arizona]]

Revision as of 22:17, 11 March 2008

State Defense Forces (also known as State Guards, State Military Reserves, or State Militias) in the United States are military units that operate under the sole authority of a state government, although they are regulated by the National Guard Bureau (specifically the Army National Guard).[1] State Defense Forces are authorized by state and federal law and are under the command of the governor, as State Defense Forces are distinct from the National Guard in that they are not federal entities (all National Guard units were federalized under the National Defense Act of 1933 (National Guard Mobilization Act) with the creation of the National Guard of the United States). The federal government recognizes State Defense Forces under 32 USC 109 which provides that State Defense Forces "may not be called, ordered, or drafted into the armed forces" (of the United States), thus preserving their separation from the National Guard.

Although every state has laws authorizing State Defense Forces, approximately twenty-five states, in addition to Puerto Rico, currently have active State Defense Forces, each with different levels of activity, state support, and strength. SDFs generally operate with emergency management and homeland security missions. Most SDFs are organized as Army units, but Air Force and Maritime units (distinct from naval militias) also exist.

Origins

From its founding until the early 1900s, the United States maintained only a minimal army and relied on state militias to supply the majority of its troops. In 1903, the predecessor to the modern-day National Guard was formed to augment the militia and Regular Army with a federally controlled reserve force. In 1933, Congress finalized the split between the National Guard and the State Defense Force by mandating that all federally-funded soldiers take a dual enlistment/commission and thus enter both the state National Guard (Title 32) and the National Guard of the United States (Title 10). This division forced states to maintain both a National Guard and a State Defense Force if they desired to have non-federal soldiers. During World War II, much of the National Guard was deployed on federal duty. Many states continued to maintain distinct state militias (some building on ones that never ceased to exist) to defend their own territories and shorelines.

A new emphasis was placed on State Defense Forces in the 1980s, at the height of the Cold War. State Defense Forces were seen as a civil defense force in the event of a war with the Soviet Union where all National Guard units would be called up and presumably sent overseas.

Following the collapse of the Soviet Union, many SDFs saw a reduction in support and interest from states. However, with the recent emphasis on homeland security due to the September 11 attacks, SDFs are receiving new attention at the state and the federal levels as a trained corps of responders that can be called upon to assist authorities in the event of major emergencies. Yet are still not receiving funding or equipment and what little there is usually paid for by members. State defense forces have been called upon to carry out such varied missions as helping to provide unarmed security during the G-8 summit at Sea Island, Georgia in 2004 and assisting in the aeromedical evacuation of victims of Hurricanes Katrina and Rita in 2005.

Organization

Most states organize their State Defense Force in parallel to their National Guard force (both Air and Army), having it report to the governor through the adjutant general. State Defense Forces are usually not funded by the federal government in any way. In most states, members act on a completely volunteer basis, have to purchase their own uniforms and most, if not all, of their own equipment.

Because many members of State Defense Forces are veterans who have retained ranks received from Federal armed service, the State Defense Forces appear to have an inflated grade structure. Advocates reply that the grades worn by State Defense Force members accurately reflect the many years of experience that veterans (often military or naval retirees) bring to the state forces. By convention, those receiving state ranks use the two-letter state abbreviation in parenthesis after their rank to indicate the origin of their grade. For example, a major in the California State Military Reserve would give her rank as "MAJ (CA)."

While in the past many State Defense Forces were organized as military police brigades or infantry brigades, the experiences of recent events such as Hurricane Katrina has changed attitudes and plans. Civil Affairs units and medical units now predominate. Organization levels tend to be inflated: a battalion many have less than 100 members, and a State Defense Force brigade typically has less than 300 soldiers. Advocates of State Defense Forces argue that organizational inflation is typical of "cadre" units and that ranks would be quickly filled in war time as citizens ineligible or unwilling to serve in Federal units would instead enlist in State Defense Force units. The experience of the Global War on Terror has not borne out this argument.


Training

Training standards vary widely. In most states, the SDF is unarmed. Most SDF's lack the training standards to be armed, and state legislators have long feared legal consequences for arming an under trained force. However there are exceptions. Notably, the 49th Military Police Brigade of the Alaska State Defense Force is a fully deputized, armed police force. A study by the U.S. Freedom Foundation[2] in 2006 recommended minimum standards for state defense forces including weapons training, but the report has been largely ignored. And training remains unregulated and varies greatly some states only having a one to two day induction course, which is unrealistic for those wishing to be called soldiers. Those wishing to carry weapons need to attend real training. [3]

The Military Emergency Management Specialist (MEMS) qualification created by the State Guard Association of the US (SGAUS)[4] has quickly become the single common training focal point among State Defense Forces. Alabama, California, and Texas have each adopted the MEMS badge as a basic qualification required of all members desiring promotion. Training is conducted through MEMS academies in each state, and includes course material provided online by FEMA and other agencies, as well as practical experience in local disaster planning and exercise management.[5]

Community Emergency Response Teams (CERTs) are being organized by several state defense forces by utilizing training offered by the FEMA Citizen Corps. Some states offer a shoulder patch to be worn in the same style as the U.S. Army Ranger arc as an incentive to become certified as part of the local or unit CERT team. Cert teams are open to any able body citizen and are a good way SDF's in integrate into their communities.

Special Units

State defense forces include a surprising variety of special units including medical, aviation, and ceremonial units. The following are representative:

  • Cavalry Troop A, Maryland Defense Force[6]
  • Aviation Battalion, Virginia Defense Force[7]
  • Governor's Foot Guard & Band, Connecticut State Militia[8]
  • Georgia State Defense Force Band[9]
  • Oregon State Defense Force Pipe Band[10]
  • Texas Medical Rangers[11]

Uniforms

Uniform policies are important to State Defense Force soldiers since wearing a uniform is one of the more appealing aspects for members. As most want to look the part. As a rule, State Defense Forces wear standard U.S. military uniforms with insignia closely matching those of their Federal counterpart, though state variations often stray far from the guidance of National Guard Bureau Regulation 10-4[12]. Army units generally wear red name tags on service uniforms, and name tapes on ACU and BDU uniforms use the State Defense Force name or state name rather than "U.S. Army." Standard U.S. Army corps insignia are often used (sometimes in violation of NGR 10-4,) or a unique "state guard" corps insignia consisting of a musket crossed by a sword is used instead, particularly for those members who have not attended a U.S. Army corps qualification course. Where berets are worn, some State Defense Forces use a beret flash identical to the one the U.S. Army uses, but in bright red thread instead of the Federal infantry blue flash. Some states have beret flashes based on the state flag. Maryland Defense Force soldiers wear an olive drab beret.[13] State soldiers in the New York Guard wear a grey beret flash.[14] Per NGR 10-4, states may prescribe their own distinctive uniforms without consulting the National Guard Bureau, provided no distinctive Federal items are worn.

Uniforms have become an uncomfortable subject in some states. In states where the State Defense Force integrates comfortably within the state structure of the National Guard, state uniforms tend to have only subtle differences not easily discerned by civilians. For example, in Texas, where State and Federal soldiers work side-by-side, the Texas State Guard wears standard U.S. Army camouflage uniforms but with a distinctive Texas beret flash, a state guard unit patch, and the "U.S. Army" name tape replaced with one reading "Texas State Guard." Similarly, the California State Military Reserve wears a uniform almost indistinguishable from the U.S. Army uniform worn by it's Federal counterparts in the National Guard except for the unit patch and beret flash. A similar pattern can be found in the New York Guard. The Tennessee State Guard wears a "tactical response uniform" (TRU)[15] in the M81 Woodland pattern but whose cut and accouterments match the new Army Combat Uniform.

In Alabama, where distinct tension between the Federal and state military forces has existed for many years, an opposite approach is taken. Members of the Alabama State Defense Force (ASDF) wear subdued or brightly colored insignia on camouflage uniforms, along with bright (non-subdued) patches. Berets are not authorized. In their brightly colored uniforms, ASDF soldiers cannot be mistaken for Federal troops. Some argue that all SDFs should take this stand so they can't be mistaken for Federal troops. For a brief period service uniforms were not authorized for ASDF troops, until members pointed out that the ribbons awarded them for Alabama service were therefore not authorized for wear on any uniform or civilian clothing (ribbons can only be worn on service or dress uniforms.) Since State Defense Forces generally grant no pay and are entirely volunteer organizations, the award of a ribbon is one of the few acknowledgments state soldiers receive. The commanding general quietly lifted the ban on service uniforms in the next release of ASDF uniform regulations.

In all cases, the state adjutant general has final say on uniforms worn by State Defense Forces, though Federal service regulations generally shape the policies of each state. U.S. Army regulations tacitly approve the wear of the Army uniform by State Defense Forces, but Air Force, Navy, and Marine Corps uniform regulations do not address the issue. Wear of distinctive insignia, such as Air Force enlisted insignia[16] and the Marine Corps' "globe and anchor" may not be legal for State Defense Force soldiers.[17]

Partial List of State Defense Force ground unit BDU/ACU Uniform Variances from Federal force uniforms.

Force Name Tape Reads Name Tape colors Insignia Head Covering
Alabama State Defense Force[18] ALSDF Red on Olive drab Bright metal or gold on olive drab patrol hat only
Alaska State Defense Force[19] ASDF Black on Olive Drab Black on Olive Drab (unknown)
California State Military Reserve[20] CALIFORNIA Black on Olive Drab/ACU Black on Olive Drab/ACU Black beret with California hexagon flash
Georgia State Defense Force[21] GEORGIA Black on Olive Drab/ACU Black on Olive Drab/ACU Black beret with red SDF flash
Indiana Guard Reserve[22] INDIANA Black on Olive Drab Black on Olive Drab Army beret & flash
Maryland Defense Force [1] MARYLAND Gold on Black Gold on olive drab Olive beret with state flash
Michigan Volunteer Defense Force [2] MICHIGAN Black on Olive Drab Black on Olive Drab Black beret with red flash
Mississippi State Guard [3] MISSISSIPPI Red on Olive drab Black on Olive Drab Patrol hat & bright insignia
New York Guard [4] NEW YORK GUARD Black on Olive Drab/ACU (Army) Black on Olive Drab/ACU (Army) Black beret & grey flash
Ohio Military Reserve [5] OHIO Black on Olive Drab Black on Olive Drab patrol hat
Ohio Naval Militia [6] O. N. M. Black on Olive Drab Gold/Silver on Olive Drab (E-4 & up) Naval style 8-point cover
Oregon State Defense Force [7] OREGON Black on Olive Drab Black on Olive Drab (unknown)
Puerto Rico State Guard [8] PRSG ARMY Black on ACU Black on ACU Black beret with yellow & red flash reminiscent of Spanish heraldry
South Carolina State Guard [9] S.C. STATE GUARD Gray on black Black on Olive Drab patrol hat
Tennessee State Guard [10] TN ST GUARD Black on Olive Drab Black on Olive Drab patrol hat
Texas State Guard [11] TEXAS STATE GUARD Black on Olive Drab/ACU (Army) Black on Olive Drab/ACU patrol hat
Texas State Guard Maritime Regiment [12] TEXAS STATE GUARD Black on MARPAT Black on MARPAT Five-point naval cover
Vermont State Guard [13] VERMONT Black on Olive Drab Black on Olive Drab patrol hat
Virginia Defense Force [14] VA. DEF. FORCE Black on White Gold on Olive drab patrol hat
Washington State Guard [15] WASHINGTON Black on ACU Black on ACU (unknown)

Future

Efforts are being made in Congress to better integrate the State Defense Forces into a larger Homeland Security strategy. This might involve enabling the Secretary of Defense to coordinate with, loan equipment to, and provide training for the State Defense Forces as the National Guard Reserve. Even absent such federal support, as State Defense Forces become increasingly more "professionalized" in terms of the quality of their recruits, training, and state-level funding, they are sure to perform an increasingly significant--and more visible--role alongside other, more established, responders. Though to date little has been done to better equip or train forces and the integration that was hoped for has yet to be fully realized.

Federal activation

The U.S. Constitution, coupled with several statutory and case laws, details the relationship of the State Defense Forces to the federal government. Outside 32 USC 109, the U.S. Supreme Court ruled: "It is true that the state defense forces 'may not be called, ordered, or drafted into the armed forces.' 32 U.S.C. 109(c). It is nonetheless possible that they are subject to call under 10 U.S.C. 331-333, which distinguish the 'militia' from the 'armed forces,' and which appear to subject all portions of the 'militia' - organized or not - to call if needed for the purposes specified in the Militia Clauses" Perpich v. Department of Defense, 496 U.S. 334 (1990). The following is an extract of the laws which the U.S. Supreme Court cited giving the federal government authority to activate the State Defense Forces.

10 USC 331 - “Federal aid for State governments”

Whenever there is an insurrection in any State against its government, the President may, upon the request of its legislature or of its governor if the legislature cannot be convened, call into Federal service such of the militia of the other States, in the number requested by that State, and use such of the armed forces, as he considers necessary to suppress the insurrection.

10 USC 332 – “Use of militia and armed forces to enforce Federal authority”

Whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State or Territory by the ordinary course of judicial proceedings, he may call into Federal service such of the militia of any State, and use such of the armed forces, as he considers necessary to enforce those laws or to suppress the rebellion.

10 USC 333 – “Interference with State and Federal law”

The President, by using the militia or the armed forces, or both, or by any other means, shall take such measures as he considers necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if it -



(1) so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or

(2) opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.


In any situation covered by clause (1), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.

List of current State and Territory Defense Forces

A 2005 Department of Defense report reported 27 active SDFs. If the state is not listed below as having an active defense force (even if the state has a law authorizing an SDF), then they are unofficial military organizations, who may be violating 18 USC 702 by wearing Federal military uniforms without proper authority.

State or Territory Army Division Naval Division State Law
Alabama Alabama State Defense Force [16] none [[17]]
Alaska Alaska State Defense Force [18] Alaska Naval Militia [19] [[20]]
Arizona none none [[21]]
Arkansas none none
California California State Military Reserve [22] California State Military Reserve Naval Militia [23] [[24]]
Colorado none none [[25]]
Connecticut Connecticut State Militia Units [26] none
Delaware none none [[27]]
District of Columbia none none none
Florida none none [[28]]
Georgia Georgia State Defense Force [29] none [[30]]
Guam none none [[31]]
Hawai'i none none
Idaho none none
Indiana Indiana Guard Reserve [32] none [[33]]
Illinois none Illinois Naval Militia [34]
Iowa none none
Kansas none none [[35]]
Kentucky none none [[36]]
Louisiana none none [[37]]
Maine none none [[38]]
Maryland Maryland Defense Force [39] none [[40]]
Massachusetts Massachusetts State Guard [41] none
Michigan Michigan Volunteer Defense Force [42] none
Minnesota none none
Mississippi Mississippi State Guard [43] none
Missouri none none [[44]]
Montana none none [[45]]
Nebraska none none
Nevada none none
New Hampshire none none
New Jersey none New Jersey Naval Militia [46]
New Mexico New Mexico State Defense Force [47] none
New York New York Guard [48] New York Naval Militia [49]
North Carolina none none [[50]]
North Dakota none none
Ohio Ohio Military Reserve [51] Ohio Naval Militia [52]
Oklahoma none none
Oregon Oregon State Defense Force [53] none
Pennsylvania none none
Puerto Rico Puerto Rico State Guard [54] none
Rhode Island none none
South Carolina South Carolina State Guard [55] none
South Dakota none none [[56]]
Tennessee Tennessee State Guard [57] none
Texas Texas State Guard [58] Texas State Guard Maritime Regiment [59]
Utah none none
Vermont Vermont State Guard [60] none
U.S. Virgin Islands none none
Virginia Virginia State Defense Force [61] none
Washington Washington State Guard [62] none
West Virginia none none
Wisconsin none none [[63]]
Wyoming none none [[64]]

See also


Federal bills regarding use of the State Defense Forces

References

  1. ^ "NGR 10-4" (PDF). National Guard Regulation. Department of the Army. 10/01/1987. Retrieved 2006-11-24. {{cite web}}: Check date values in: |date= (help)
  2. ^ http://www.freedomfoundation.us/
  3. ^ http://www.sgaus.org/SDFStandards06.pdf
  4. ^ http://www.sgaus.org/index.htm
  5. ^ http://www.sgaus.org/MEMS.html
  6. ^ http://www.mddefenseforce.org/units/cavalry/index.php
  7. ^ http://vadf-avn.org/
  8. ^ http://www.governorsfootguard.com/
  9. ^ http://www.gasdf.com/band/band.htm
  10. ^ http://www.mil.state.or.us/SDF/Units/Units.html
  11. ^ http://www.texasmedicalrangers.com/
  12. ^ http://www.ngbpdc.ngb.army.mil/pubs/10/ngr10_4.pdf
  13. ^ http://www.mddefenseforce.org/mission/index.php
  14. ^ http://www.dmna.state.ny.us/nyg/nygd/1334-1.pdf
  15. ^ http://www.vajoe.com/board/postgallery.php?pid=29407&filename=TNSG-TRUs.jpg
  16. ^ http://www.law.cornell.edu/uscode/search/display.html?terms=insignia&url=/uscode/html/uscode10/usc_sec_10_00000773----000-.html
  17. ^ http://www.law.cornell.edu/uscode/html/uscode10/usc_sec_10_00007881----000-.html
  18. ^ http://alguard.state.al.us/
  19. ^ http://www.ak-prepared.com/asdf/
  20. ^ http://www.calguard.ca.gov/casmr/
  21. ^ http://www.gasdf.com
  22. ^ http://www.mdisdf.org/
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