Relationship To The Military
While CAP is chartered by the USAF, it is not an operating reserve component under the United States Air Force or the federal government. As stated by 10 U.S.C. § 9442, the Secretary of the Air Force may use the services of the Civil Air Patrol to fulfill the non-combat programs and missions of the Department of the Air Force. Additionally, the Civil Air Patrol shall be deemed to be an instrumentality of the United States with respect to any act or omission of the Civil Air Patrol, including any member of the Civil Air Patrol, in carrying out a mission assigned by the Secretary of the Air Force.
Civil Air Patrol members are not subject to the Uniform Code of Military Justice and do not have command or authority over any members of the United States military. Similarly, military officers have no command authority over CAP members. As part of recognition of CAP's service to the USAF, however, senior members in the grade of second lieutenant and above are allowed to wear "U.S." collar insignia as an official part of their dress blue uniform. All CAP members are required to render military courtesies to all members of the US military and those of friendly foreign nations; however, as CAP officers are not commissioned by the President of the United States, military personnel are not required to render military courtesies to CAP personnel, though this can be done as a courtesy. CAP members are expected to render military courtesies to one another, though the implementation of this varies widely. Some squadrons are more military-orientated, with saluting and addressing by rank, while others are more informal.
Although CAP retains the title "United States Air Force Auxiliary", 10 U.S.C. § 9442 clarifies that this auxiliary status is only applicable when CAP members and resources are on a United States Air Force-assigned mission with an Air Force-assigned mission number. When CAP resources are engaged in a USAF mission they are reimbursed by the Air Force for communications expenses, fuel and oil, and a share of aircraft maintenance expenses. In addition, CAP members are covered by the Federal Employees Compensation Act (FECA) in the event of injury while participating in the mission. At all other times, such as when aiding civilian authorities, the CAP remains and acts as a private, non-profit corporation.
The USAF's Air Education and Training Command (AETC), through the Air University, is the parent command of CAP. In October 2002, the USAF announced plans to move CAP into a new office for homeland security. While remaining under the command of the AETC, CAP has a memorandum of understanding with the 1st Air Force (1 AF), the Air Combat Command (ACC) numbered air force with responsibility for both continental air defense and the Air Force Rescue Coordination Center. This memorandum allows each organization to provide the other with mutual assistance.
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