Are we Active Duty?

[usafcap1]

Could we say that we are active duty; we're fully trained, highly qualified. ready to go  24/7 365 days a year. . . So what are we then?

[a2capt]

But ... "we" (are not all) ready to go 365.25/24/7

.. and even if that is a good, descriptive term to use, it's not.

For one, some people who see red will have issues with us being wannabees and posers.

But for reality sake, that is a description that describes full time members of the military. We are not that, and should just avoid using any kind of descriptor that might lead to a "misunderstanding" or "misrepresentation".

[The CyBorg is destroyed]

Not in the traditional sense, no we are not.

We are not active-duty troops who live 24/7/365 with the possibility of deployment anywhere, anytime without the option of saying "no."

Nor are we like the National Guard and Reservists who, when the call comes from either the State (Guard) or Federal (both) level, have to "saddle up and ride out" and don't have the option of saying "I'll sit this one out."

We are as ready as volunteers can be (hopefully)...but we have to work it around other responsibilities of life.

[lordmonar]

Could we say that we are active duty; we're fully trained, highly qualified. ready to go  24/7 365 days a year. . . So what are we then?

The USAF auxillary.....nothing more....nothing less.

[RogueLeader]

Active Duty implies that the military is our sole occupation and means of financial support. As I have to work to pay for my cap activities, no cap is not my occupation; just my obsession. 

[Ed Bos]

"Active Duty" is understood to mean full-time Uniformed Services. We are not that.

[flyboy53]

Could we say that we are active duty; we're fully trained, highly qualified. ready to go  24/7 365 days a year. . . So what are we then?

Consider yourself more like a volunteer fireman or EMS worker. You are on duty just like them, but it isn't active duty.

[bflynn]

Not in the traditional sense, no we are not.

Not even in the non-traditional sense.  Not in any sense...

No, CAP is not active duty.  CAP is not reserves.  CAP is not military.

CAP is a group of volunteers who come together to serve their local communities and states.

[johnnyb47]

CAP is a group of volunteers who come together to serve their local communities and states....

....and Nation.

[Major Carrales]

CAP is a group of volunteers who come together to serve their local communities and states....

....and Nation.

Nice touch!!! 

[The CyBorg is destroyed]

Not in the traditional sense, no we are not.

Not even in the non-traditional sense.  Not in any sense...

No, CAP is not active duty.  CAP is not reserves.  CAP is not military.

CAP is a group of volunteers who come together to serve their local communities and states.

By "traditional sense" I mean Guard and Reserve.  I've often been asked if CAP is like the Air National Guard or Air Force Reserve.  I tell them no, it is not, we are the volunteer Auxiliary of the USAF.

I sometimes use the phrase, "we're a bit like the volunteer firefighters of the AF."

[johnnyb47]

If you want to have some real fun look up the word "Military", it's origins, etc.
This will of course lead you to the word "Soldier".
One of the defintions of the word soldier; "a person who works diligently for a cause "

I've laid the groundwork. Do the rest of the homework on your own.
You will then see that CAP is, in fact, military... at least by using selected definition of the word(s) and it's origins.

Then have some REAL fun and look up the phrase "active duty".

As to the OP's question;
No, cadet, this does not mean that you can tell people we are Active Duty Military.
A quick study in linguistics and local vocabulary will show that the phrase "Active Duty Military" has become synonymous with "Full Time Member of ones national/federal armed services" (or something to that effect)

[Major Carrales]

This is a good time to bring up the idea of "loaded" words and phrases.  Simply put, the terms "active duty" and "military" have very distinct meanings when it comes to the modern American lexicon.   A CAP Officer or Cadet going around saying they are on "active duty" is using a "loaded" phrase that comes with more meaning than simply some random definition.   

Remember, many phrases are verily more than the sum of their parts.  I get a chuckle when I read people citing "Civil" in "Civil Air Patrol" to mean totally "civilian."  Or the statement that the "Air" in Civil Air Patrol somehow makes the flying elements dominant over other missions.   

The term "Civil" in Civil Air Patrol comes from a tradition of CIVIL DEFENSE, which today is called EMERGENCY MANAGEMENT due to changing missions.  The singage of CIVIL DEFENSE is very much a part of our own signage.  Blue back grounds, white triangles and even the red in our tri-prop have their origin there. 

CAP is a Civilian Auxiliary of a Military Service....that makes of a very gray area.  However, that area is distinct enough to be able to make the point that CAP is not "active duty" military.  I would go as far to say that making the point that CAP is "active duty," then "proving" it with obscure definitions that have no meaning in the American lexicon (in other words, usuages that are specious) feeds arguments to those that would ridicule CAP as being posers and pretenders.

[FlyTiger77]

What Sparky said. Well stated.  :clap:

[bflynn]

When it comes to military or not military, there really aren't any grey areas.  CAP is not military, not because of any word in our name, but because we are not the military.

Similar, we're not focused on air operations because we say Air in our name, we do it because 4 out of 6 items that Congress pays us to do have to do with aviation.  The last two have to do with being ready to respond (as a civilian organization) in the event of emergencies. 

[lordmonar]

I'm not so sure.

In a purely theoritical sense......i.e. this will never happen in a million years, but let's just suppose for a moment........The Civil Air Patrol is MILITARY in the context of the Law of Armed Conflict....and could be placed under the UCMJ in very specific circumstances.

Art. 13. The present Convention shall apply to the wounded and sick belonging to the following categories:

(1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces.
(2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions:
(a) that of being commanded by a person responsible for his subordinates;
(b) that of having a fixed distinctive sign recognizable at a distance;
(c) that of carrying arms openly;
(d) that of conducting their operations in accordance with the laws and customs of war.
(3) Members of regular armed forces who profess allegiance to a Government or an authority not recognized by the Detaining Power.
(4) Persons who accompany the armed forces without actually being members thereof, such as civil members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany.
(5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions in international law.
(6) Inhabitants of a non-occupied territory, who on the approach of the enemy, spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.

Boldface added.

In the very unlikely event that we (the CAP) ever got involved in an armed conflict by this definition we would in fact be "military" in the loose definition of the word. We would either fall under Paragraph 2 or Paragrahs 4 and 5.

802. ART. 2. PERSONS SUBJECT TO THIS CHAPTER
(a) The following persons are subject to this chapter:
(1) Members of a regular component of the armed forces, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in the armed forces, from the dates when they are required by the terms of the call or order to obey it.
(2) Cadets, aviation cadets, and midshipman.
(3) Members of a reserve component while on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal Service.
(4) Retired members of a regular component of the armed forces who are entitled to pay.
(5) Retired members of a reserve component who are receiving hospitalization from an armed force.
(6) Members of the Fleet Reserve and Fleet Marine Corps Reserve.
(7) Persons in custody of the armed forces serving a sentence imposed by a court-martial.
( Members of the National Oceanic and Atmospheric Administration, Public Health Service, and other organizations, when assigned to and serving with the armed forces.
(9) Prisoners of war in custody of the armed forces.
(10) In time of war, persons serving with or accompanying an armed force in the field.
(11) Subject to any treaty or agreement which the United States is or may be a party to any accepted rule of international law, persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Canal Zone, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(12) Subject to any treaty or agreement t which the United States is or may be a party to any accepted rule of international law, persons within an area leased by or otherwise reserved or acquired for use of the United States which is under the control of the Secretary concerned and which is outside the United States and outside the Canal Zone, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(b) The voluntary enlistment of any person who has the capacity to understand the significance of enlisting in the armed forces shall be valid for purposes of jurisdiction under subsection (a) and change of status from civilian to member of the armed forces shall be effective upon the taking of the oath of enlistment.
(c) Notwithstanding any other provision of law, a person serving with an armed force who--
(1) Submitted voluntarily to military authority;
(2) met the mental competence and minimum age qualifications of sections 504 and 505 of this title at the time of voluntary submissions to military authority:
(3) received military pay or allowances; and
(4) performed military duties: is subject to this chapter until such person's active service has been terminated in accordance with law or regulations promulgated by the Secretary concerned.
(d)(1) A member of a reserve component who is not on active duty and who is made the subject of proceedings under section 815 (article 15) or section 830 (article 30) with respect to an offense against this chapter may be ordered to active duty involuntary for the purpose of-
(A) investigation under section 832 of this title (article 32);
(B) trial by court-martial; or
(C) non judicial punishment under section 815 of this title (article 15).
(2) A member of a reserve component may not be ordered to active duty under paragraph (1) except with respect to an offense committed while the member was
(A) on active duty; or
(B) on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal service.
(3) Authority to order a member to active duty under paragraph (1) shall be exercised under regulations prescribed by the President.
(4) A member may be ordered to active duty under paragraph (1) only by a person empowered to convene general courts-martial in a regular component of the armed forces.
(5) A member ordered to active duty under paragraph (1), unless the order to active duty was approved by the Secretary concerned, may not--
(A) be sentenced to confinement; or
(B) be required to serve a punishment of any restriction on liberty during a period other than a period of inactive-duty training or active duty (other than active duty ordered under paragraph (1)).

Boldface added.


Paragraph 10 gives the military the authoirty to bring "civilians" under the UCMJ.

So......again, this will never actually happen....but if we were ever invaded by Canada or Mexico....CAP personnel, equipment and facilites could be considered legitimate military targets and would be affored protections as legal combatants by the Geneva Convention.  Also if during such a war we were "accompanying military forces in the field" we could be subjected to the UCMJ.

So it is a gray area.   

We are not the "military" in the sense that we are members of the Active, Reserve or National guard componants of the Department of Defense.  However we are "military" in the senses that we would be considered legal combatants in the event of a war.

[JeffDG]

Many CAP members, including some of our cadets, are also members of the militia, which lexicographically shares origins with the military.

(a) The militia of the United States consists of all able-bodied
males at least 17 years of age and, except as provided in section
313 of title 32, under 45 years of age who are, or who have made a
declaration of intention to become, citizens of the United States
and of female citizens of the United States who are members of the
National Guard.

[lordmonar]

Many CAP members, including some of our cadets, are also members of the militia, which lexicographically shares origins with the military.

(a) The militia of the United States consists of all able-bodied
males at least 17 years of age and, except as provided in section
313 of title 32, under 45 years of age who are, or who have made a
declaration of intention to become, citizens of the United States
and of female citizens of the United States who are members of the
National Guard.

Yea....but that their status regardless of their status as CAP members.
Some of us ARE (or were) Active Duty, Reserve or National Guard AND members of CAP.

[Major Carrales]

When it comes to military or not military, there really aren't any grey areas.  CAP is not military, not because of any word in our name, but because we are not the military.

Similar, we're not focused on air operations because we say Air in our name, we do it because 4 out of 6 items that Congress pays us to do have to do with aviation.  The last two have to do with being ready to respond (as a civilian organization) in the event of emergencies.

We are arguing semantics here...if the Civil Air Patrol is an "Official Civilian Auxiliary of the US Air Force," and the US Air Force is a military organization...then it goes to say that there is a gray area here.

When on an AF Assigned mission we are conducting a mission on behalf of and tasked by the USAF.  We are, thus, in a gray area.

For all intents and purposes of daily operations CAP is strictly Civilian it it's modus operandi, however, one of the key reasons we wear USAF style uniforms is rooted in WWII and the Geneva Convention.

If we were still subhunting today...and A CAP aircraft was shot down over the Gulf of Mexico by an enemy submarine, then that GRAY area becomes altogehter BLINDING.

As an aside...
Why does the idea of the military heritage of the Civil Air Patrol offend some of you so much?  As if it is an insult. 

It's there, it's history and...although we are not ACTIVE DUTY...we have the place we truly occupy as an Auxiliary of an Military Organization.   

Again, this is all semantics!  Sometimes TOO much is made of it.

[spacecommand]

No we should not be saying "active duty" because saying so implies another meaning that is generally accepted to be something else other then what we do. 

. . So what are we then?

We are volunteer members of the Civil Air Patrol.