New York Consolidated Laws, Military Law - MIL § 1. Definitions

1. The terms “New York national guard” and “national guard” shall mean the New York army national guard and the New York air national guard.

2. The term “naval militia” shall mean the New York naval militia.

3. The terms “military” and “military and naval” shall mean army or land, air or air force, space force or space and navy or naval.

4. The terms “military or naval” and “military (including air) or naval” shall mean army or land, air or air force, space force or space or navy or naval.

5. The term “military service of the state” as to military personnel shall mean service in or with a force of the organized militia or in the division of military and naval affairs of the executive department of the state.  As to civilian personnel, it shall mean service in the division of military and naval affairs and not in the civil service of the state.

6. The terms “active service” and “active duty” shall mean military duty in or with a force of the organized militia (not including the inactive national guard and not including the New York guard when in an inactive status) or in the division of military and naval affairs of the executive department of the state, either in a full time status or in a part-time status, depending upon the conditions under which the duty is performed.

7. The term “on the active list” shall mean on the rolls of a force of the organized militia, not including the inactive national guard and not including the New York guard when in an inactive status.

8. The terms “active military service of the United States” and “in the armed forces of the United States” shall mean full time duty in the army, navy, marine corps, air force, space force or coast guard of the United States.

9. The term “force of the organized militia” shall mean, severally, the army national guard, the air national guard, the New York naval militia, the New York guard when organized, and such additional forces as may be created by the governor pursuant to section two of this chapter.

10. The terms “commissioned officer” and “officer” shall mean male commissioned officer, female commissioned officer appointed to serve as a nurse or medical specialist, or other female commissioned officer, otherwise qualified, when authorized by federal statute.  The terms “he”, “his” and “him”, when used with relation to “commissioned officer” or “officer” shall also mean she, hers and her, respectively.

11. The term “warrant officer” shall mean male commissioned warrant officer or male warrant officer, or female commissioned warrant officer or female warrant officer, otherwise qualified, when authorized by federal statute.  The terms “he”, “his” and “him”, when used with relation to the term “warrant officer” shall also mean she, hers and her, respectively.

12. The terms “enlisted personnel” and “enlisted person” shall mean male enlisted personnel and male enlisted person respectively, and female enlisted personnel and female enlisted person, otherwise qualified, when authorized by federal statute.  The terms “he”, “his” and “him”, when used with relation to “enlisted personnel” and “enlisted person” shall also mean she, hers and her, respectively.