State Defense Forces, an Untapped Homeland Defense Asset

By LTC Brent C. Bankus

Introduction

 

Since the September 11, 2001 attacks on New York City and Washington DC, a comprehensive federal government review of homeland security and homeland defense has led to a massive effort to coordinate assets at the local, state, and federal level, with an emphasis on contingency planning and information sharing.  In addition, several new organizations were formed to address homeland security and homeland defense issues including the Department of Homeland Security and DoDs Northern Command (NORTHCOM), at Peterson Air Force Base, Colorado.  Also, civilian volunteer programs such as the Federal Emergency Management Agency sponsored Citizen Corps and the White House sponsored USA Freedom Corps were formed.[1] In the U. S. National Security Strategy, President George W. Bush makes it clear, “Defending our nation against its enemies is the first and fundamental commitment of the Federal Government.  To defeat this threat we must make use of every tool in our arsenal – military power, better homeland defenses, law enforcement, intelligence, and vigorous efforts to cutoff terrorist financing.”[2] Additionally, in a recent interview Democratic Presidential hopeful, retired General Wesley Clarke announced his proposal to create the “Civilian Reserve.” His plan consists of a "Civilian Reserve," and will comprise a cross section of everyday Americans using their skills in efforts to address community based problems ranging from repairing local schools structures to less tangible goals such as "securing the homeland."[3]

 

Yet, little has been written about expanding the use of current volunteer organizations, specifically State Defense Forces (SDF), who continue to play an important but unheralded role in defending the homeland.  These local volunteer organizations have historically been referred to as State Militia, Home Guards, State Guards, or State Guard Reserves and represent a heretofore untapped asset and potential additional force for Homeland Security/Defense in the Global War on Terrorism.  Since before World War I, State Guards and Naval Militias have been called upon to fill the void left by the federalized forces, particularly the National Guard, and have ably carried out their assigned duties.  Also, as currently demonstrated, state recognized SDFs and Naval Militia units carry on the tradition of their predecessors in approximately half the states and territories of the United States, with little fan fare mostly on a limited budget, and without standardized policies and procedures.

 

Historical Roots

 

Colonial America

 

Similar to the U.S. Army, Army National Guard, and U.S. Army Reserve, State Guards/ State Defense Forces trace their roots to the colonial militia.  The militia tradition in early America obligated all able-bodied men to bear arms when called upon by the government fulfilling two requirements:

 

·       Providing local defense and security service (resisting enemy attacks, suppressing insurrections and enforcing laws),

·       Providing manpower for expeditions during wartime.[4]

 

Subsequent to the American Revolution, the Founding Fathers attempted to institutionalize their distrust for a large standing active force by depending on local militia units as the first line of defense.  This idea was abandoned due to defense requirements for an expanding nation, command and control, and reliability challenges associated with militia troops. [5]   As an alternative, in 1789 Congress granted special permission to maintain a small military force autonomous of state control with the understanding the militia would be used as augmentation for emergencies.

 

This system was viewed as adequate as militia or volunteer units served on numerous occasions throughout the 19th and early 20th centuries, participating in domestic and overseas actions ranging from defending their homes from Indian attacks, (Indian Campaign 1867-98), to traditional operations (War of 1812, Mexican War 1846-48, Civil War 1861-65, Spanish American War 1898) to Military Operations Other than War ( Philippine Campaign, 1899-1903; China Campaign 1900; Cuban Pacification 1903; and the Puerto Rico Occupation 1899-1903) to name a few.

 

However, the increased federal demands on local militia or volunteer units beginning with the Spanish American War in 1898, caused concern among decision makers with respect to personal readiness and equipment interoperability when supporting the active forces.  This prompted a review of the effectiveness of the Militia Act of 1792, the first attempt to regulate local militias.  It stated that “all able bodied males citizens between the ages of 18-42 to arm themselves and attend regular muster.”  While well meaning, the Militia Act of 1792 was never widely enforced and unit effectiveness varied.[6] 

 

In response to these problems, Congressman Charles Dick of Ohio sponsored legislation, later named the Dick Act of 1903, which differentiated between the organized militia and the unorganized militia by granting Federal recognition to the land forces of the organized militia and designating them as the “National Guard.” Federal recognition was crucial since it provided federal funding for monthly drill periods and a five-day summer encampment to units that had previously been only state sponsored.  In addition, National Guard units were directed to emulate the active force in structure and training.  The Act also stipulated that the duration of Federal service would not exceed nine months and overseas assignments were forbidden.  In 1908, this legislation was amended, effectively lifting sanctions on length and location of federal service. [7]

 

Arguably, the National Defense Act of 1916 proved the most influential as the National Guard was officially designated the Nation’s second line of defense giving it dual status as both a state and Federal force under Title 10 United States Code.  Consequently, National Guard soldiers were required to swear two oaths of allegiance, one to their state the other to the federal government.  In addition, National Guard units were permitted to retain their unit designations while in federal service, thereby preserving lineage and honors.[8]  More importantly, there was concern, that if large numbers of National Guard units were federalized, states would be without the necessary means for self protection, since most state police forces remained relatively small and were unable to cope with large scale state emergencies. 

 

Mexican Border Campaign and World War I

 

Federal service for the new National Guard was soon tested as large numbers of units were mobilized for the Mexican Border Campaign in 1916.  An American Expeditionary force augmented by National Guardsmen, was sent to the southern border with Mexico to apprehend Pancho Villa, who had recently raided U.S. border settlements.  Although Villa was never captured, the expedition proved valuable as National Guard units received extensive training and experience that would later prove valuable in World War I.    

 

As the Mexican Border Campaign stabilized, National Guard units were returned to state control in 1917 only to be re-activated in preparation for World War I.  With their National Guard units federalized numerous states found themselves ill prepared to provide a similar force to accomplish traditional state missions such as law enforcement assistance, and providing flood and disaster assistance to local authorities.  Consequently, state governors inundated the War Department with requests for federal troops.  These requests went largely unmet because the War Department could spare few federalized forces for traditional state missions, and governors were advised to organize replacement units.   

 

Prior to World War I, federal laws prohibited states from maintaining armed forces other than the National Guard.  However, the passage of the National Defense Act of 1916 provided cursory authority to do so as the last sentence of Section 61 stated, “that nothing contained in this act shall prevent the organization and maintenance of state police or Constabulary.” Governors used this clause as permission to begin preparations for organizing replacement National Guard units.  The stipulation being, replacement forces were designed only for state service and would not be eligible for overseas duty as a unit, although individual members could be federalized.[9]

 

The Federal government made several additional attempts to assist State Guard programs by passing the Home Guard Act of 1917 and the subsequent War Department Circular #3 of March 1918.[10]  This 1917 amendment to the Dick Act provided for Federal aid to State Guards when practicable, and the circular stated State Guard units organized and recognized by federal authorities after August 5th 1917 would be furnished arms, equipment, and uniforms by the federal government.[11]  In reality, the organization and maintenance of State Guard units defaulted to the governor, principally due to inadequate supplies in all categories of war stocks. 

 

Composition of World War I State Guard units routinely consisted of retired or prior service personnel, many former National Guardsmen, or those who for one reason or another were ineligible for federal service.  Training varied as several states pressed Civil War and Spanish American War veterans into service as training cadre.  Additionally, the reliability and efficiency of State Guard units varied, depending on location, local and state government support.  Several of the more effective units were established in the Northeastern states including Massachusetts and Connecticut.  These states created effective and centralized state military forces that provided invaluable assistance during the “Spanish Influenza” outbreak in 1918 supplying much needed manpower, transportation, and medical assets for this emergency.[12]  Texas also extensively used State Guard units to fill the void.  Due to the recent raids by Pancho Villa,  an additional five cavalry and three infantry regiments were organized for strictly state service, guarding the border with Mexico.

 

Fortunately, other than labor strikes and associated local contingencies, no incidents required large scale domestic military intervention and the presence of State Guard units provided a calming effect to the local populace.  Approximately 27 states created State Guard units representing an additional 79,000 soldiers for strictly state duty.[13]  After the war, as the nation turned its attention to prosperity and internal affairs, State Guard units were mostly disbanded, but would again be called upon to serve in World War II.  

 

World War II

 

As World War II began in September 1939, the United States was caught in the throes of preparations for mobilizing a long neglected military.  National Guard units were again called into federal service in late 1940, with the first peacetime draft in American history.  Originally recalled for one year, this length of service was later extended to eighteen months.  Recognizing the impending dilemma, and with advice from General George C. Marshall, President Franklin D. Roosevelt signed the State Guard Act of October 21st of 1940.[14]  More comprehensive than the previous Home Guard Act of 1917, the 1940 Act clarified the constitutionality of organizing State Guard forces as replacements for the federalized National Guard and permitted access to Federal supplies and equipment, when available.  As part of the organizational process, State Guard command and control policies and procedures were established as the Militia Bureau (later National Guard Bureau), became the strategic command and control headquarters, while each state Adjutant General exercised operational and tactical control of State Guard units.[15]  However, while the State Guard Act of 1940 effectively relieved the War Department from supervision of many State Guard functions and responsibilities, Guard possession and use of Federal small arms and related equipment placed State Guards under scrutiny of the U.S. Army.[16]  As such, State Guard units were subject to periodic inspections to ensure proper care and maintenance of Federal facilities and equipment.  At first, these inspections caused consternation between state forces and their Federal inspectors.  As the war progressed, these tensions subsided and the two sides grew increasingly interactive and cooperative, as the nine Service Area Commands within the United States incorporated State Guards into their defense plans, and furnished training programs specifically designed for these replacement National Guard units. 

 

State Guard forces were autonomous of Federal control, but the Hawaiian Territorial Guard was an exception.  Due to their strategic location, and credible status they were placed under operational control of the Commander, Army Forces of the Pacific from the beginning of the war through May 1942.  They demonstrated their ability to perform as part of the overall defense plan.[17]

 

Missions outlined for World War II State Guard forces mirrored those of the National Guard and included performing the peacetime duties such as response to natural and manmade disasters.  They performed full time guard duty in coastal regions and other vital areas, trained for combat to ensure interoperability with federal troops in the event of an invasion and performed internal security functions. All of these duties were reflected on their Mission Essential Task List (METL). [18]

 

Drill periods also followed the National Guard model, e.g. training one night a week at the local armory, and conducting a five-day annual training period, usually during the summer months, using standard Army training manuals as their doctrinal base.[19]  Since State Guards were volunteer organizations, weekly drill periods were conducted in a non-pay status.  However, soldiers normally received full pay and allowances for the annual training period or any state active duty service.  Training courses were sometimes in a pay status, when funding was available. 

 

Personnel readiness standards were also established as modified physical examinations were given to all enlisted members to account for the variation in age, which ranged from 21-50.  No maximum age limit was established for the officers however, in order to optimize the prior service manpower pool available at the time.  Some men much younger than the above stated range, were accepted into service with State Guard units.[20] However, the constant turnover of personnel due to Federal service became an important readiness issue for State Guard units.  Many units experienced 100% turnover in a year’s time.  While detrimental in one sense, training received in State Guard units was valuable preparation for personnel later serving as active component NCOs during the war.  Frequently, recruits receiving training in State Guard organizations prior to entering federal service attained promotion more quickly than those with no prior training.[21]

 

Equipment for State Guard units, particularly small arms, was in short supply during the war.  Available arms included M1903 Springfield bolt action rifles, military issue shot guns, Reising and Thompson sub-machine guns, and turn of the century derivatives of the Colt machine gun.  Officers were responsible for obtaining their own side arms and ammunition.  As the war progressed and federal stocks were more plentiful, uniforms, equipment and weapons were upgraded.[22]  Research indicates the weapons arsenal for State Guard units primarily consisted of small arms, but in some cases, such as Pennsylvania they had M-3 half-tracks later in the war.  Employment of State Guard forces during the war varied from state to state.  Understandably, they were extensively used in strategic areas such as the West Coast of the United States, Hawaii and Puerto Rico.  While governors were permitted wide latitude on force structure, most modeled their units after the National Guard with Infantry forces being the dominant.

 

During the critical period several weeks after the Pearl Harbor attack, approximately 13,000 State Guard troops were called to service and prepared to defend the homeland.  As the emergency subsided in late January 1942, units were returned to their normal status of drilling one night a week and one-week annual training.  However, again, due to their strategic location, states such as California kept a portion of their State Guard on state active duty for the balance of the war.[23] 

 

Although never called for combat actions, these volunteer units proved valuable in providing homeland defense for the nation.  State Guard units provided comprehensive security assets and assistance during times of civil unrest and labor disputes.  In addition, their success as an additional armed force freed personnel needed in other areas of the war effort while also providing a sense of security for the population.   Approximately 35 states, Alaska, Hawaii, Puerto Rico, and the Canal Zone created State Guard forces for service during World War II.  Several State Guards, including Pennsylvania remained active into 1948, as an interim force while National Guard units returned from World War II service, were reconstituted and returned to state control.[24]

 

The Korean War and the Cold War

 

As National Guard units returned to state service after World War II, interest in State Guards effectively vanished.  This situation changed following the surprise move in June 1950, when Communist North Korean forces crossed the 38th Parallel and invaded pro U.S. South Korea.  Renewed interest in State Guard programs was experienced throughout the nation.  While the U.S. response to North Korean aggression was immediate, it was of a lesser magnitude than that of World War II.  Nonetheless, President Harry S. Truman authorized a Presidential Selected Reserve Call Up as National Guard units were sent to Korea, while others were replacements for active component units sent into the theater of operations.  In total, eight National Guard Infantry Divisions, three Regimental Combat Teams, and 714 company size units were called to federal service for the Korean War.[25] 

 

For the fourth time in the first half of the 20th century, the departure of large numbers of National Guard units left states without substantial means to execute traditional National Guard missions.  During the Korean War, several states re-activated their State Guards to replace the departed National Guard.  For example, Pennsylvania activated at least one Regiment for service in the western portion of the state.  Missions for the Korean War era State Guards was not substantially different from World War II, with the exception of defending against gas attacks.[26]       

 

In the post-Korean War era all but a handful of states disbanded their State Guard units. During much of the 1950s and 1960s enthusiasm for the State Guard declined until 1972 when Defense Secretary Melvin Laird began the Total Defense Policy, that called for increased reliance on Reserve Component organizations to assist the nation in its ability to wage war.  However, substantial interest in State Guard programs was again not noticeable until after the collapse of U.S. – Soviet détente in the late 1970s.[27]

 

By the spring of 1985, interest in State Guard units (now known as State Defense Forces or SDFs) had risen to the point of the State Defense Force Association of the United States being formed.  This group (changing their name to the State Guard Association of the United States, or SGAUS in 1993) “was organized to promote the role of state authorized and organized defense forces, state guards, or state military reserves, and to foster and encourage cooperation between the various state defense forces, the Department of Defense, the National Guard, the active armed forces and their reserves, other government agencies, and the general public.”  SGAUS acts as an advisory council for the collective of all the State Defense Force units and provides guidance on missions and related State Guard issues.[28] 

21st Century Issues

 

Military/Military Support to Civilian Authorities Capabilities

 

Present SDF missions and related training generally mirror their World War I and World War II counterparts as National Guard replacement units.  Potential missions include meeting domestic emergencies within the state, assist civil authorities in the preservation of order, guard and protect critical industrial installations and facilities, prevent or suppress subversive activities, and cooperate with federal military authorities.  Also, since National Guard units are being mobilized in increasing numbers, SDFs are charged with assuming control of state armories and Federal property and when directed, assist in the mobilization process. [29]        

 

Today’s SDFs continue their traditions of World War I and World War II by providing value-added assets in the areas of manpower and specialized expertise.  These assets include infrastructure site security, emergency operations center operations, search and rescue capabilities, medical, religious, legal, Weapons of Mass Destruction/Effects and air assets.  Several SDF units are modeled after a Military Police organization or have substantial Military Police assets within their force structure due to the current emphasis on site security.  For example, the Alaskan SDF, primarily a Military Police organization,  provides security for the Alaskan pipeline and harbor’s of Anchorage and Whittier, using four patrol craft armed with crew served weapons.[30]  Their training focus reflects this emphasis as core courses of formal instruction are in law enforcement.  With an instructor cadre of either current or former state troopers, graduates of the Alaskan SDF Military Police academy have the same certifications and arrest powers as Alaskan state troopers, thereby increasing the law enforcement strength of Alaska by several hundred.  Due to strategic importance, vast expanse and sparse population, utilizing Alaska’s SDF in a Military Police role compliments well the security assets of the region, to include the active and reserve Federal forces.

 

In the aftermath of the 9/11 attacks, several states utilized their SDFs for security.  Alaska’s SDF was on duty for five months protecting critical infrastructure sites.  In addition, the New York Guard (NYG) Army Division’s Military Police Brigade was used for perimeter security at Camp Smith, NY and critical infrastructure sites within the city.[31]   However, Army SDFs are not the only volunteer organizations that provide security assets.  For example, the “blue suit” or Air Force SDFs are the second dimension of volunteer organizations providing security assets.  Air Force SDFs routinely augment security forces, particularly in the states of New York and Texas, providing security for Air National Guard installations (see Table 2).[32]

 

Naval Militias are the third dimension, providing water borne patrol assets for security missions, particularly critical in coastal areas on the Great Lakes or in states containing sizeable rivers.  For example, the New York Naval Militia was extensively used in the wake of the 9/11 attacks, providing routine security for the nuclear power plant at Indian Point, NY and providing transportation assets to and from the crash site.  Ohio also routinely utilizes their naval militia for patrolling Lake Erie in the vicinity of Camp Perry, site of the national rifle matches, and complimenting the U. S. Coast Guard in the region.    

 

The authority for volunteer Naval Militias is provided by either Title 10 OR Title 32 United States Code.  Of the four active Naval Militias (Alaska, New York, New Jersey and Ohio), Alaska and New York are organized under Title 10 USC.  This legislation stipulates that 95% of personnel must be drilling reservists of the Navy, Marine Corps or Coast Guard Reserve, hence, they are a federally recognized force.[33]  Conversely, Ohio is strictly a state recognized Title 32 organization, while New Jersey is a combination with one battalion of drilling reservists and two battalions of non-reservist volunteers.  The distinction between Title 10 and Title 32 authority is important since Federal recognition equates to Federal funding.  Conversely, a Title 32 organization is strictly a state force and therefore ineligible for Federal funding.  As a consequence, state funding does not always satisfy unit requirements, particularly in the areas of material and supplies and overall readiness.  Title 10 also affects mission support, if called to state active duty by the Naval Militia and by their reserve unit, members are required to serve with their Federal reserve unit, effectively rendering the volunteer Title 10 Naval Militia non-available for duty. 

 

Table 1 provides a comprehensive view of current funding levels for SDFs.

       

Table 1.  State Defense Forces - Army

 

State

Active Strength

Budget

Type Unit

by branch & function

Prior Service

Age Range

 

 

 

 

 

 

Alabama

600

30K

Support HQs

75%

22-69

Alaska

274

26.5K – 1 Mil

M.P.

75%

20-72

California

500

225K

Support HQs

80+%

18-62

Connecticut

275

0

Infantry/Cavalry

40%

20-60

Georgia

500

0

Infantry

40%

18-64

Indiana

315

40K

Support HQs

70%

21-75

Louisiana

108

0

Admin HQs

96%

50-65

Maryland

194

0

Support HQs

75%

17-70

Massachusetts

60

0

Admin Det.

60-75%

18-65*

Michigan

130

0

Support HQs

80%

20-70+

Mississippi

185

0

Infantry

85%

18-78

New Mexico

200

7K

M.P.

75%

18-65

New York

1,200

75K

Support HQs

75%

18-65*

Ohio

650

14K

M.P

50+%

17-67

Oklahoma

28

0

Support HQs

75%

21-75+

Oregon

184

0

Infantry

50%

18-65*

Puerto Rico

1,630

300K

Support Det.

30%

16-65

South Carolina

1,500

100K

Infantry

45-50%

17-75

Tennessee

990

53K

Light Infantry

80%

18-70

Texas

1,518

103K

Infantry

60%

17-79

Vermont

326

0

Infantry

90%

17-70

Virginia

774

0

Light Infantry

70%

18-70*

Washington

95

0

Infantry

90%

18-64

*Note:  Approximate age.

 

Support for county and state Emergency Operations Centers (EOCs) is another important mission SDFs frequently support.  With many retired or former National Guard personnel in the force, SDF assets represent an experienced force knowledgeable in state and National Guard emergency operations processes and procedures.  The Louisiana SDF for example, provides a team of  soldiers and desk officers for each parish (county) EOC, consisting of subject matter experts in operations and logistics.  They are part of the integrated civil, military team manning these centers.[34]

 

As an integral part of the Georgia Department of Defense, the Georgia SDF is a major contributor in providing EOC assets.  They have a robust training program evidenced by their recent participation in a Weapons of Mass Destruction command post exercise, reacting to a “dirty bomb” scenario, detonated in the port of Charleston, SC.  In addition to providing trained desk officers for the National Guard Joint Emergency Operations Center at Dobbins AFB, Atlanta, GA, they operated their own headquarters tactical operations center.   Training, appearance, and mission execution was not substantially different from any battalion Tactical Operations Center, and all staff sections were exercised.  In addition to refining tactical standing operating procedures, exercising command and control of subordinate units, issuing operations orders and FRAGOs and coordinating communications protocols with a variety of state agencies.

 

In addition to traditional missions, support to civil authority, such as search and rescue, are an important part of several SDFs METL.  Search and rescue assets vary from state to state, and can include personnel with medical training such as emergency medical technicians, and enhanced search capabilities including horses and fixed wing aircraft.   For example, with former Special Forces and Ranger members, the Tennessee SDF has a robust search and rescue organization somewhat modeled after a Special Forces “A” team.  The team contains licensed paramedics, civilian structural engineers, communications specialists, and a canine section that are both airborne and scuba qualified, adding to their capability for insertion into austere locations.  While they extensively use current Special Forces and Ranger doctrine for military task training, such as map reading, their certification for search and rescue  tasks are accomplished by utilizing the National Association of Search and Rescue standards.[35] 

 

Although SDFs are predominately land based, several states including Tennessee, have privately owned fixed wing aircraft detachments, sometimes augmenting the local Civil Air Patrol in search and rescue operations.  Virginia extensively uses their aircraft by supplying aircraft as drones for WMD scenarios, providing realistic training for air defense units of the Virginia National Guard. They are also active in assisting the Virginia Fish and Game Commission by flying reconnaissance missions over the Shenandoah Valley searching for poachers as bear poaching is on the rise in the region and the vast land expanse requires additional air assets.  The Connecticut SDF, while predominately a ceremonial organization, used their cavalry detachment for cross-country search and rescue missions augmenting the ground search operation on at least one occasion.  These examples are a sampling of the capabilities available in SDFs units.   

 

To help face the growing threat of possible Weapons of Mass Destruction (WMD) terrorist attacks, several SDFs provide relevant professional services.  For example, the Georgia SDF has robust Chemical, Biological, Radiological, Nuclear and Explosives (CDRNE) capabilities.  With the Center for Disease Control and several well know hospitals located in Atlanta, the Georgia SDF has acquired the skills of a number of chemists, medical doctors and various other professional skills relating to WMD to fashion an organization to advise, assist and train with specialized National Guard Weapons of Mass Destruction, Civil Support Teams. [36]  

 

Other SDF professional service capabilities for external missions include legal, medical, and religious support assets.  With the current high operations tempo, SDF professionals in the medical, legal and religious fields are highly desirable and used extensively.  For example, the NYG supplied legal and religious support in the wake of the 9/11 attacks, in addition to manning the medical clinic on Camp Smith, NY to include a full compliment of licensed Chiropractors.  In total, the NYG 244th Medical Detachment treated 844 patients, mostly at the crash site.[37]  Other states specifically Georgia and Virginia routinely provide legal support to their National Guard units during mobilization for federal missions.  Table 2 provides a list of the missions SDFs regularly support.

 

Table 2.  State Defense Forces – Army – Missions/Capabilities

 

State

Security

Search & Rescue

Air Assets

EOC

Medical Support

Legal Support

Religious Support

Ceremonial Support

ESGR