Veteran Status for Reserve, National Guard, and Militia

About 40% of the U.S. Armed Forces serve in the Reserve and National Guard. New York is home to thousands of Reserve, National Guard, and New York State Militia members, as well as many who have previously served and are now retired. These service members play a vital role in defending our nation and state, and many also serve their communities in civilian careers.

For Veterans’ benefits, eligibility for Reserve and National Guard members is generally based on periods of federal activation or mobilization. In 2016, the U.S. Department of Veterans Affairs officially recognized National Guard and Reserve retirees with 20 or more qualifying years of service as Veterans, even if they were never federally activated. In some cases, eligibility for certain benefits and services may also be earned during qualifying training periods.

We encourage anyone who has served in the Reserve, National Guard, or Militia to contact our staff. Our team can help you and your family understand what services and benefits you may be eligible for.

Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law passed in 1994 that protects the civilian employment rights of service members and Veterans. Under certain conditions, it requires employers to reinstate employees to their civilian jobs after they return from military service. USERRA also protects service members from workplace discrimination based on their military service or affiliation. 

The Servicemembers Civil Relief Act (SCRA) is a federal law that provides important legal and financial protections for service members when they enter active duty. These protections may apply to issues such as housing and rental agreements, evictions, credit card and loan interest rates, mortgage foreclosures, automobile leases, insurance coverage, and income tax obligations.

New York State law provides strong employment and reemployment protections for Reserve, National Guard, and Militia members who work for state and municipal agencies. State law also prohibits discrimination based on military service in employment, property rights, and public accommodations. In addition, New York City and other local governments offer their own civil protections related to military and Veteran status.

Traditional Reserve and National Guard service includes initial entry training, one weekend drill or assembly each month, and two weeks of annual training each year. This type of service is generally not considered active duty for Veterans’ benefits and services. However, certain injuries or medical conditions that occur during training periods may still qualify.

Reserve and National Guard members may be mobilized or activated for federal service under Title 10 or Title 32 of the United States Code. Eligibility for benefits depends on the type of orders and the length of service.

For Veterans’ benefits and services, Reserve and National Guard members are generally recognized as having served on active duty if they completed at least 180 days on federal orders, excluding training

State Active Duty (SAD) is used to mobilize National Guard and Militia members for full-time service during state emergencies. While on SAD orders, members are paid as New York State employees and receive pay and benefits under state law.

Service under SAD does not count toward federal Veterans’ benefits or services, nor toward state Veterans’ benefits that require federal active-duty service.

Reserve and National Guard members may also serve in other duty statuses, including:

Active Guard and Reserve (AGR)

Active Duty Support (ADS)

Active Duty Special Work (ADSW)

Dual-status federal technicians (Title 5, U.S. Code)