The South Dakota Supreme Court is ruling in favor of a collection of state Air National Guard members suing the adjutant general over employment benefits.
The lawsuit came from seven members of the Air National Guard and targeted the highest commanding officer in the state.
Attorneys on both sides say the case is the first of its kind in America.
The group is made up of civilian employees, state employees, and enlisted guardsmen who contend they did not receive their promised benefits following involuntary activation as armed forces servicemembers.
In turn, the adjutant general Mark Morrell and his camp argue the members did not qualify for such benefits.
The legal debate orbited AGR, or active guard and reserve, requirements, and whether the upper brass of the Air National Guard acted out of anti-military intent with the denial of the benefits in question. Further, it questioned the role of USERRA, or the Uniformed Services Employment and Reemployment Rights Act, which was passed shortly after Desert Storm to protect guard members as they’re deployed across the world or within the United States.
The plaintiffs requested these benefits alongside reimbursement for court fees. In a new ruling the group of seven was ultimately vindicated by the Supreme Court.
In oral arguments, attorneys representing the Guard members said USERRA was designed by Congress to be utilized and favor Guard members, saying, “if there is a coin flip, the servicemember wins.”
In the Supreme Court’s unanimous opinion, justices wrote the adjutant general did not provide sufficient legal basis for denying the guard members’ benefits.
Additionally, they wrote quote, “we conclude that the plaintiffs are entitled to the accrual of military leave while in Title 10 status, and, accordingly, reverse and remand for further proceedings consistent with this opinion.”
The adjutant general’s office has not responded to a request for comment.
