User:CORNELIUSSEON/Army Regulation

• Army Regulation 130-5
• AFMD 10
• 30 December 2001
• Effective date: 30 January 2002
• Unclassified
• Army National Guard
• Organization and Functions of National Guard Bureau

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• SUMMARY of CHANGE
• AR 130-5
• Organization and Functions of National Guard Bureau
• This revision--
• Describes the responsibilities of the Chief, National Guard Bureau (para 1-4 ).
• Adds the National Guard Charter ( fig 1-1 ) as jointly developed and prescribed by the Secretary of the Army and the Secretary of the Air Force pursuant to section 10503, title 10 , United States Code (para 1-7 ).
• Describes the principal organizational elements of the National Guard Bureau (para 3-2 ).

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Chapter 1 Introduction

Section I General

1-1. Purpose

This regulation prescribes the major functions and organization of the National Guard Bureau as a Joint Bureau of the Department of the Army and the Department of the Air Force.

1-2. References

Required and related publications and prescribed and referenced forms are listed in appendix A.

1-3. Explanation of abbreviations and terms

Abbreviations and special terms used in this regulation are explained in the glossary.

Section II Responsibilities

1-4. Chief, National Guard Bureau

The Chief, National Guard Bureau will--

a. Serve as the principal adviser to the Secretary of the Army and the Chief of Staff of the Army and the Secretary of the Air Force and the Chief of Staff of the Air Force on matters relating to the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States.

b. Establish State military headquarters in the 50 States, Guam, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands; plan for and conduct operations in support of civil defense; and utilize the State adjutants general and their State headquarters.

c. Be the "responsible department official" who implements title VI of the Civil Rights Act of 1964, and DOD Directive 5500.11 , as it applies to the Army and Air National Guard (NGR 600-23/ANGR 30-12).

d. Administer the National Guard technician program, as redelegated by the Secretaries of the Army and Air Force, in a manner consistent with approved policies, directives, regulations, and publications of the Army and Air Force (AR 570-4 , AR 135-2 , Department of the Army General Order 85, 1968, and AFI 36-103).

e. Implement the Small Business Program in the National Guard Bureau ( DODD 4205.1 ).

f. Submit to the Secretary of Defense, through the Secretaries of the Army and the Air Force, an annual report on the state of the National Guard and the ability of the National Guard to meet its missions. The report will be prepared in conjunction with the Secretary of the Army and the Secretary of the Air Force and may be submitted in classified and unclassified versions.

1-5. Legal basis

Under the provisions of section 10501, title 10, United States Code ( 10 USC 10501 ), the National Guard Bureau--

a. Is established in the Department of Defense as a Joint Bureau of the Department of the Army and the Department of the Air Force.

b. Is the channel of communication between the Departments of the Army and the Air Force and the several states on all matters pertaining to the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States.

1-6. Special relationships

a. States. The Army National Guard of the United States and the Air National Guard of the United States are reserve components of the Army and the Air Force, respectively. Members of the Army National Guard of the United States and of the Air National Guard of the United States are not in active Federal service except when ordered thereto in accordance with law, or called into active Federal service in their status as members of the National Guard. When not in active Federal service, such members are administered, armed, equipped, and trained in their status as members of the Army National Guard and the Air National Guard of the several states ( sections 10107 and 10113, title 10 , United States Code (10 USC 10107, 10113)).

b. Command jurisdiction.

(1) The Governor of each State, Guam, the Commonwealth of Puerto Rico, and the Virgin Islands is the Commander in Chief of all Army and Air National Guard units not in active Federal service within his or her jurisdiction. Command is normally exercised by an adjutant general or other designated military official of the State, Guam, Commonwealth of Puerto Rico, or the Virgin Islands.

(2) The President of the United States is the Commander in Chief of the National Guard of the District of Columbia. Command is exercised through the Secretary of Defense and the Commanding General of the District of Columbia National Guard, as provided in Executive Order No. 11485 , 1 October 1969 (34 FR 15411). The Secretary of Defense has delegated his command authority to the Secretary of the Army with respect to the District of Columbia Army National Guard and to the Secretary of the Air Force with respect to the District of Columbia Air National Guard by a memorandum dated 10 October 1996.

1-7. History of the National Guard Bureau

The Constitution and Bill of Rights made specific provision for continuing a militia as a military force. Following the establishment of the Federal Government in 1792, the militia remained under complete control of the States until congressional enactment of the Dick Military Act in 1903, which made the Federal Government responsible for their training, equipment, and pay. The administrative burden placed upon the War Department by that legislation led to the creation of a type of bureau agency to administer militia affairs. With the support thus provided, the militia developed into sufficiently well-organized and uniformly trained units to permit, under the National Defense Act of 1916, as amended, the necessary alignment with the Regular Army and Federal recognition of the militia of individual states as a composite National Guard. During 1916, the antecedent unit of the present-day Air National Guard was formed. Its separate status as a component was later brought about by the National Security Act of 1947. With the creation of the separate components, the National Guard Bureau continued as a Bureau of the Department of the Army, and it became an agency of the Department of the Air Force to perform similar functions and duties for that Department. The Department of the Army Reorganization Act of 1958 designated the National Guard Bureau as a Joint Bureau of the Department of the Army and the Air Force. The Reserve Officers Personnel Management Act (the Act), dated 5 October 1994, reaffirmed that there is in the Department of Defense the National Guard Bureau, which is a Joint Bureau of the Department of the Army and the Department of the Air Force, and directed that the Secretaries of the Army and the Air Force jointly develop and prescribe a charter for the National Guard Bureau covering the matters set forth in the Act. (See fig 1-1 .)

Figure 1-1. National Guard Bureau Charter ________________________________________

Figure 1-1. National Guard Bureau Charter-Continued ________________________________________ Chapter 2 National Guard Bureau Mission and Charter 2-1. Mission The mission of the National Guard Bureau is to-- a. Participate with the Army and the Air Force staffs in the formulation, development, and coordination of all programs, policies, concepts, and plans pertaining to or affecting the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States. b. Develop and administer such detailed operating programs as are required for the operation of the Army National Guard and the Air National Guard, based on approved programs, policies, and guidance from the Department of the Army and the Department of the Air Force. c. Participate with and assist the several states in the organization, maintenance, and operation of their National Guard units so as to provide trained and equipped units capable of immediate expansion to war strength, and available for service in time of war or emergency to augment the Active Army and Air Force. 2-2. National Guard Bureau Charter Section 10503, chapter 1011, title 10, United States Code ( 10 USC 10503 ), directed the Secretary of the Army and the Secretary of the Air Force to develop a charter for the National Guard Bureau. This has been accomplished with the cooperation and assistance of the National Guard Bureau and the Army and Air staffs. The charter, which prescribes the duties and responsibilities of the National Guard Bureau, is at figure 1-1 and is a part of this regulation. 2-3. Governing regulations when not in active Federal service a. Army regulations and Air Force instructions. Army regulations and Air Force instructions govern the National Guard not in the active Federal service in the same manner as they do the regular components, when such regulations or instructions have been made applicable to the National Guard. Specific applicability is indicated in departmental regulations and instructions. b. Army National Guard regulations and Air National Guard instructions. Army National Guard regulations will be based on Army policies fully coordinated with HQDA, approved by the Chief of Staff, United States Army, and issued by order of the Secretary of the Army. Air National Guard instructions will be issued subject to the approval of the Chief of Staff, United States Air Force, and issued by order of the Secretary of the Air Force. These regulations or instructions are binding on the National Guard and on all agents of the Active Army and Active Air Force in the same manner as Army regulations and Air Force instructions. Joint Regulations may be issued when the subject matter is applicable to both the Army and Air National Guard, with the approval of both the Department of the Army and the Department of the Air Force. c. Other National Guard publications. The Chief, National Guard Bureau will issue such other publications as necessary, provided that such publications are consistent with approved policies of the Secretary and Chief of Staff of the Department concerned. Such publications may cover areas of operation not fully clarified or detailed in departmental publications. They will be binding only upon the Army or Air National Guard, as appropriate. d. Comparative status of National Guard and Air National Guard regulations and Army and Air Force regulations. National Guard and Air National Guard regulations are issued by the authority of the Secretary of the Army and Secretary of the Air Force, and they therefore carry the same force and effect as Army and Air Force regulations. 2-4. Legal opinions The legal opinions rendered by the Office of the General Counsel, Department of Defense; Office of the General Counsel, Army; Office of the General Counsel, Air Force; Office of the Judge Advocate General, Army; and the Office of the Judge Advocate General, Air Force are applicable to and binding upon the National Guard Bureau and the Army and Air National Guard of the United States to the same extent as those legal opinions are binding upon the Department of Defense, Department of the Army, and Department of the Air Force. Chapter 3 Organization 3-1. General The organization of the National Guard Bureau includes the offices of the Chief, National Guard Bureau; Director, Army National Guard; Director, Air National Guard; Chief Counsel; Comptroller; Inspector General; and such other subordinate offices and operating divisions as required to discharge the responsibilities of the National Guard Bureau of the Department of the Army and the Department of the Air Force. 3-2. Major organizational elements a. Office of the Chief, National Guard Bureau is composed of the Chief, National Guard Bureau; Vice-Chief, National Guard Bureau; Chief of Staff; Executive Office; United States Property and Fiscal Officers; and such separate offices as are required by the Chief, National Guard Bureau. b. Office of the Director, Army National Guard is composed of the Director, Army National Guard; Deputy Director, Army National Guard; Executive Office; and such operating divisions as may be prescribed by the Chief, National Guard Bureau for those matters pertaining to the Army National Guard and the Army National Guard of the United States. c. Office of the Director, Air National Guard is composed of the Director, Air National Guard; Deputy Director, Air National Guard; Executive Office; and such operating divisions as may be prescribed by the Chief, National Guard Bureau for those matters pertaining to the Air National Guard and the Air National Guard of the United States. d. Office of the Chief Counsel, National Guard Bureau is composed of the Chief Counsel and such additional staff as may be needed to provide legal support to the Chief, National Guard Bureau, other National Guard Bureau offices, the Adjutants General, and the United States Property and Fiscal Officers. e. Office of the Comptroller, National Guard Bureau is composed of the Comptroller and such additional staff as may be prescribed by the Chief, National Guard Bureau. f. Office of the Inspector General is composed of the Inspector General and such other staff as may be required to perform the Inspector General functions of the National Guard Bureau. Chapter 4 Appointments and Duties 4-1. Appointment of Chief, National Guard Bureau a. How appointed. The President, by and with the advice and consent of the Senate, appoints the Chief of the National Guard Bureau from officers of the Army National Guard of the United States and the Air National Guard of the United States who-- (1) Are recommended for such appointment by their respective Governors or, in the case of the District of Columbia, by the commanding general of the District of Columbia National Guard. (2) Have had at least 10 years of federally recognized commissioned service in an active status in the National Guard. (3) Are in a grade above the grade of brigadier general. b. Term of office. An officer appointed as Chief of the National Guard Bureau serves at the pleasure of the President for a term of 4 years. An officer may not hold the office of chief after becoming 64 years of age. An officer may be reappointed as Chief of the National Guard Bureau. While holding the office, the Chief of the National Guard Bureau may not be removed from the reserve active status list, or from an active status under any provision of law that otherwise would require such removal due to completion of a specified number of years of service or a specified number of years of service in grade. c. Duties. The Chief of the National Guard Bureau is the principal adviser to the Secretary of the Army, the Chief of Staff of the Army, the Secretary of the Air Force, and the Chief of Staff of the Air Force on matters relating to the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States. He or she ensures that the National Guard Bureau performs those functions contained in the National Guard Bureau charter, as more specifically defined in this regulation, or such other functions as may be prescribed by the Secretary of the Army or the Secretary of the Air Force. d. Grade. The Chief of the National Guard Bureau will be appointed to serve in the grade of lieutenant general. 4-2. Appointment of Vice Chief, National Guard Bureau a. How appointed. The Vice Chief, National Guard Bureau, is selected by the Secretary of Defense from officers of the Army National Guard of the United States or the Air National Guard of the United States who-- (1) Are recommended for such appointment by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard. (2) Have had at least 10 years of federally recognized commissioned service in an active status in the National Guard. (3) Are in a grade above the grade of colonel. b. Term of office. An officer appointed as Vice Chief of the National Guard Bureau serves for a term of 4 years, but he or she may be removed from office at any time for cause. The Chief and Vice Chief of the National Guard Bureau may not both be members of the Army or of the Air Force. The term of the Vice Chief of the National Guard Bureau will end upon the appointment of a Chief of the National Guard Bureau who is a member of the same armed force as the Vice Chief. However, the Secretary of Defense may waive the restrictions for a limited period of time to provide for the orderly transition of officers to serve in the positions of Chief and Vice Chief of the National Guard Bureau. c. Duties. The Vice Chief of the National Guard Bureau performs such duties as may be prescribed by the Chief of the National Guard Bureau. d. Grade. The Vice Chief of the National Guard Bureau will be appointed to serve in the grade of major general. e. Functions as Acting Chief. When there is a vacancy in the office of the Chief of the National Guard Bureau or in the absence or disability of the Chief, the Vice Chief of the National Guard Bureau acts as Chief and performs the duties of the Chief until a successor is appointed or the absence or disability ceases. 4-3. Succession When there is a vacancy in the offices of both Chief and Vice Chief of the National Guard Bureau or in the absence or disability of both the Chief and Vice Chief of the National Guard Bureau, or when there is a vacancy in one such office and in the absence or disability of the officer holding the other, the senior officer of the Army National Guard of the United States or the Air National Guard of the United States on duty with the National Guard Bureau shall perform the duties of the Chief until a successor to the Chief or Vice Chief is appointed or the absence or disability of the Chief or Vice Chief ceases, as the case may be. 4-4. Appointment of Director, Army National Guard a. How appointed. The President, by and with the advice and consent of the Senate, shall appoint the Director, Army National Guard from general officers of the active Army National Guard of the United States nominated by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard. The Secretary of Defense may not recommend an officer to the President for appointment as Director, Army National Guard unless the officer-- (1) Is recommended by the Secretary of the Army. (2) Is determined by the Chairman of the Joint Chiefs of Staff to have significant joint duty experience. Until 1 October 2003, the Secretary of Defense may waive this requirement if the Secretary of the Army requests the waiver, and, in the judgment of the Secretary of Defense, the officer is qualified for service in the position and the waiver is necessary for the good of the service. b. Term of office. The Director, Army National Guard will be appointed for a period of 4 years, but he or she may be removed for cause at any time. The officer serving as Director may be reappointed for one additional 4-year period. c. Grade. The Director, Army National Guard will serve in the grade of lieutenant general. d. Duties. The Director, Army National Guard, under the supervision and control of the Chief, National Guard Bureau, performs those administrative and operational functions of the Chief pertaining to the Army National Guard and the Army National Guard of the United States. The organization of the office of Director, Army National Guard and the operating divisions thereunder, with specific functions and responsibilities, will be as prescribed by the Chief, National Guard Bureau. e. Succession. In the event the office of the Director, Army National Guard becomes vacant, or the incumbent, because of disability, is unable to discharge the responsibilities and the duties thereof, the Deputy Director, Army National Guard will act as Director, Army National Guard until the disability ceases or a successor is appointed. 4-5. Appointment of Deputy Director, Army National Guard a. How appointed. The Secretary of the Army will appoint the Deputy Director, Army National Guard from officers of the active Army National Guard of the United States who-- (1) Have been recommended by their respective Governors or, in the case of the District of Columbia, the Commanding General of the District of Columbia National Guard. (2) Have had at least 10 years of federally recognized commissioned service in the active Army National Guard of the United States immediately preceding their appointment. b. Term of office. The Deputy Director, Army National Guard will be appointed for a term not to exceed 4 years. He or she may serve consecutive terms. c. Grade. The Deputy Director, Army National Guard will serve in the grade of brigadier general. d. Duties. The Deputy Director, Army National Guard is the principal assistant to the Director, Army National Guard and performs such duties and functions as may be prescribed by the Director, Army National Guard. e. Succession. In the event the office of the Deputy Director, Army National Guard becomes vacant, or the incumbent, because of disability, is unable to discharge the responsibilities and duties thereof, the next senior officer of the Army National Guard assigned to the National Guard Bureau will act as Deputy Director, Army National Guard unless otherwise directed by the Chief, National Guard Bureau. 4-6. Appointment of Director, Air National Guard a. How appointed. The President, by and with the advice and consent of the Senate, shall appoint the Director, Air National Guard from rated general officers of the active Air National Guard of the United States nominated by their respective Governors or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard. The Secretary of Defense may not recommend an officer to the President for appointment as Director, Air National Guard, unless the officer-- (1) Is recommended by the Secretary of the Air Force. (2) Is determined by the Chairman of the Joint Chiefs of Staff to have significant joint duty experience. Until 1 October 2003, the Secretary of Defense may waive this requirement if the Secretary of the Air Force requests the waiver, and, in the judgment of the Secretary of Defense, the officer is qualified for service in the position and the waiver is necessary for the good of the service. b. Term of office. The Director, Air National Guard will be appointed for a period of 4 years, but he or she may be removed for cause at any time. The officer may be reappointed for one additional 4-year period. c. Grade. The Director, Air National Guard will serve in the grade of lieutenant general. d. Duties. The Director, Air National Guard, under the supervision and control of the Chief, National Guard Bureau, performs those administrative and operational functions of the Chief pertaining to the Air National Guard and the Air National Guard of the United States. The organization of the office of Director, Air National Guard and the operating divisions thereunder, with specific functions and responsibilities, will be as prescribed by the Chief, National Guard Bureau. e. Succession. In the event the office of the Director, Air National Guard becomes vacant, or the incumbent, because of disability, is unable to discharge the responsibilities and the duties thereof, the Deputy Director, Air National Guard will act as Director, Air National Guard until the disability ceases or a successor is appointed. 4-7. Appointment of Deputy Director, Air National Guard a. How appointed. The Secretary of the Air Force will appoint the Deputy Director, Air National Guard from rated officers of the active Air National Guard of the United States who-- (1) Have been recommended by their respective Governors, or, in the case of the District of Columbia, the Commanding General of the District of Columbia National Guard. (2) Have had at least 10 years of federally recognized commissioned service in the active Air National Guard of the United States immediately preceding the appointment. b. Term of office. The Deputy Director, Air National Guard will be appointed for a term not to exceed 4 years. He or she may serve consecutive terms. c. Grade. The Deputy Director, Air National Guard will serve in the grade of brigadier general. d. Duties. The Deputy Director, Air National Guard is the principal assistant to the Director, Air National Guard, and he or she performs such duties and functions as may be prescribed by the Director, Air National Guard. e. Succession. In the event the office of the Deputy Director, Air National Guard becomes vacant, or the incumbent, because of disability, is unable to discharge the responsibilities and duties thereof, the next senior officer of the Air National Guard assigned to the National Guard Bureau will act as Deputy Director, Air National Guard unless otherwise directed by the Chief, National Guard Bureau. 4-8. Other statutory officers In addition to the above officers, the National Guard Bureau will have a legal counsel, a comptroller, and an inspector general. Appointment of these officers will be by the Chief, National Guard Bureau. Such appointments will comply with all applicable departmental personnel and manpower rules, regulations, and policies. Officers appointed will perform such duties as the Chief may prescribe.

Appendix A

References

The Official Army Publications Web Sites.

• US Army Publishing Agency

Administrative Departmental Publications and Forms

(ARs, Cirs, Pams, OFs, SFs, DD & DA Forms)

• US Army Training and doctrine digital Library

Army Doctrinal and Training Publications (except engineering & medical)

(FMs, PBs, TCs & STPs)

• US Army Logistics Support Activity

Army Technical and Equipment Publications (except engineering & medical)

(TMs, TBs & SCs)

• US Army Corps of Engineers

Army Engineering Publications (except administrative)

(TMs & FMs)

• US Army Medical Department

Army Medical Publications (except administrative)

(TMs, FMs, and SB 8-75-Series Publications)

• Army Knowledge Online (AKO)

All departmental publications, including distribution-restricted items

• U.S. Army Home Page (AHP)

All unrestricted departmental publications

Publication Section I

Required Publications

• AFI 36-103. Organizational Responsibility for Civilian Personnel Administration and Management(Cited in para 1-4d )
• AR 135-2. Full-Time Support Program (Cited in para 1-4d )
• AR 570-4. Manpower Management (Cited in para 1-4d )

Publication Section II

Related Publications

A related publication is merely a source of additional information. The user does not have to read it to understand this publication.

• AFI 33-324. The Information Collections and Reports Management Program; Controlling Internal, Public, and Interagency Air Force Information Collections http://afpubs.hq.af.mil
• DA GO 85. Department of the Army General Order 85, 1968

Department of the Army Reorganization Act of 1958, P.L. 85-599. http://www.nara.gov/nara/legislative Dick Military Act of 1903, 32 Stat 775.

• DODD 4205.1. Department of Defense Small and Small Disadvantaged Business Utilization Programs. , http://www.dtic.mil/whs/directives
• DODD 5500.11. Nondiscrimination in Federally Assisted Programs http://www.dtic.mil/whs/directives

EO 11485. Executive Order No. 11485, 1 Oct. 69 (34 FR 15411) http://www.nara.gov/fedreg/eo.html National Defense Act of 1916, as amended. http://www.nara.gov/nara/legislative National Security Act of 1947. http://www.nara.gov/nara/legislative NGR 600-23/ANGR 30-12. Nondiscrimination in Federally Assisted Programs http://www.ngbpdc.ngb.army.mil Title VI of the Civil Rights Act of 1964. http://www.nara.gov/nara/legislative 10 USC 331-333 or 12406. www4.law.cornell.edu/uscode 10 USC 10107. www4.law.cornell.edu/uscode 10 USC 10113. www4.law.cornell.edu/uscode 10 USC 10501. www4.law.cornell.edu/uscode 10 USC 10503. www4.law.cornell.edu/uscode 10 USC 12301-12304. www4.law.cornell.edu/uscode Publication Section III Prescribed Forms This section contains no entries. Publication Section IV Referenced Forms This section contains no entries. Glossary Abbreviations ANGI Air National Guard instruction NGB National Guard Bureau NGR National Guard regulation Terms Air National Guard That part of the federally recognized organized militia of the several states that is an air force, is trained, and has its officers appointed under the sixteenth clause of section 8, article I of the Constitution; and is organized, armed, and equipped wholly or partly at Federal expense. Air National Guard of the United States The reserve component of the Air Force, all of whose members are members of the Air National Guard. Army National Guard That part of the federally recognized organized militia of the several states that is a land force, is trained, and has its officers appointed under the sixteenth clause of section 8, article I of the Constitution; and is organized, armed, and equipped wholly or partly at Federal expense. Army National Guard of the United States The reserve component of the Army, all of whose members are members of the Army National Guard. Call The procedure, under sections 331-333 or 12406, title 10, United States Code ( 10 USC 331 - 333 or 12406 ), through which the President brings all or a part of the National Guard (as part of the militia of the United States) into the active military service of the United States. National Guard The Army National Guard and the Air National Guard. Order The procedure under sections 12301-12304, title 10, United States Code ( 10 USC 12301 - 12304 ), through which the Army National Guard of the United States and the Air National Guard of the United States as reserve components enter into the active military service of the United States. Several States The 50 states, Commonwealth of Puerto Rico, Guam, the District of Columbia, and the Virgin Islands. Special Terms This section contains no entries.