CONTACT: Mr. Eric Durr 518.786.4581 or (cell) 518-429-5186

FOR RELEASE: Friday, Mar 06, 2009

The New York State Division of Military and Naval Affairs partnered with the New York Civil Liberties Union to revise the policy dealing with pregnant National Guard Soldiers and Airmen who volunteer to serve in a State Active Duty Status with Joint Task Force Empire Shield, the National Guard security augmentation force based at Fort Hamilton, Brooklyn. The new policies, implemented in July 2008, are performance based. All members of the task force, both male and female, can remain on state active duty only if they demonstrate that they can physically handle the duty requirements. These include being part of an armed response force if required. These new policies were implemented because they do not compromise the readiness and ability to accomplish the mission of Joint Task Force Empire Shield. The Division of Military and Naval Affairs values the partnership with the New York Civil Liberties Union in working with this agency to put these new policies in place to better care for our Soldiers and Airmen. The previous policies were crafted in 2002 when the concept of a long-term State Active Duty task force was unprecedented. They were based on Active Army military practice, modified to meet the unique circumstances of a state military force. Because no “light-duty’ positions were available in this State Active Duty force, female Guard members could not extend their status when they became pregnant. New York National Guard Soldiers and Airmen on State Active Duty work at the direction of the Governor of New York and their salaries are paid for by the state. They are paid at a rate commensurate with their federal military pay for their federal military rank. Their duty time does not count as Active Duty when determining federal military retirement status. They do not receive federal military benefits on State Active Duty. Soldiers and Airmen fulfilling a state active duty mission are still obligated to train with, and deploy with, their National Guard units.