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I am a WI national guard member on COADOS title 10 USC 12301 (D) orders, do i qualify for the National Guard Member adjustment?

 
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DMarkM1
Expert Alumni

I am a WI national guard member on COADOS title 10 USC 12301 (D) orders, do i qualify for the National Guard Member adjustment?

No, 10 USC 12301(d) does not appear to meet the WI Guard exclusion guidelines.  The US code references below specifically state "without the member's consent."  

 

Wisconsin only exclusion: Your military pay may be excluded from income if:

 

• You were a member of the Reserves or National Guard, and

• Your military pay was received from the federal government after being called into active federal service under 10 USC 12302(a) or 10 USC 12304 or into special state service authorized by the Department of Defense under 32 USC 502(f).

 

The exclusion does not apply to military pay received during weekend and two-week annual training or for serving on active duty or full-time duty in the active guard reserve (AGR) program.

 

 

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