The sun., 1918-12-25
NEW ARMY DECISION |
WIPES OUT GUARD.
Discharged From q. s. Service
Former Militia Members
Become Civilians.
BAKER APPROVES RULING
status Settled by Opinion Of
Acting Judge Advocate
General.
RAKER APPROVES RULING
s,.csol DsspnteA 90 THn srr.

WASHINGTON. Dec. 24.'-Omcers ana
unlisted men OF the Nation9l Guard
vii, revert 10 civilian status when dis
charged from the Federal service. An
opinion by the acting Judge Advocate
General Of the army making this rul-
,rr has been approved by Secretary
If War Baker and was made public to-
day
II will result virtually in wiping out
the existence Of the National Guard as
Il existed prior to the entrance of this
nation into the war. II Is explained.
Brig. Gen. S. T. Ansell, who has been
acting Judge advocate General since
Gen. Crowder was appointed Provost
Marshal General to handle the draft,
rendered the opinion. 1t was in re-
sponse to a request ffom Gen. Peyton
C. March, Chief of STAFF. who called at
tention TO a digest of an opinion Of the
Judge Advocate General dated Janu-
airy, 1918, in which it was said that
when the guardsmen were mustered
out Of the Federal service they would
revert to their militia status and also
10 their status in the National Guard.
The opinion Of Gen. Ansell follows:
an a memorandum dated December
20. 1918, you call attention to a pur-
ported digest OF an opinion Of the
Judge Advocate General in January,
1915 which digest contains the follow
ing sentence with reference to the dis
charge Of persons drafted into the
Federal service as members OF the Ma
tionsl Guard when mustered out OF
the Federal service they revert to their
former status in the militia Of the sew
eral States from which they were by
the draft called into the Federal SER
vice subject to the qualification that
the time spent in the service Of the
United states will count upon their
enlistment Of terms of commission
Finding OF Opinion.
This sentence Is found in footnote
on page 3o7 OF the supplement to the
militia laws OF the United States, fifth
edition. The correct digest of the
s.union in question is found on page I
ot the digest of opinions for the Judge
Advocate General for January, 1918.
and the sentence above quoted is not
found therein. The quoted sentence is
hased upon an obiter expression con-
famed in said opinion, which was de-
6euced from an opinion OF this Office
dated December 16. 1916, wherein the
question and answer were as follows:
30. What is the status Of the men,
be.p who have just been mustered out
OF the Federal service? Do they auto
matically revert to the National
Guard?'
"A. The muster out Is a release from
Federal service under the call only ano
does not affect enlistment contracts OF
members of the National Guard. They
therefore automatically revert to the
status in the National Guard or or
carnations Of their States in which
they were at the date they were called
into the service of the United States
except that the time served in the Sc.
vice of the United States will count
upon their enlistments or terms Of
commission.
Question of Release.
Construing the sentence first above
quoted in the light OF the opinion upor
which IL Is based, It is perfectly ap-
parent that it referred to a muster out
o. the Federal service after a call into
the Federal service. and not to a dis.
charge after n draft into the Fedora
Service.
las a matter OF fact the opinion in
the digest of which this sentence oc.
ours holds without qualification that
the draft OF a member of the Nationa
Guard into the Federal service ebso.
lItely discharges him from the militia
which includes the National Guard
furthermore, this office has held thai
a commission in the temporary forces
10 incompatible with a commission II
the National Guard and operates t
cancel the commission in the Nationa
Guard.
1t is therefore the opinion of thi,
office that former members of the Ma
i.oral Guard. both officers and enlisted
men, who entered the service by draf
Under the Presidents proclamation o
July 3, 1917, will when discharged from
the Federal service revert TO a civilian
status and will not revert to their for