trained in their status as members of the Army National Guard."
Finally 10 United States Code 3495 reads:
"Members of the Army National Guard of the United States are not in active Federal service except when ordered thereto under law."
At all times subsequent to April 15, 1969, the time of Smits' discharge from Aberdeen, Maryland, it cannot be contended that he was, in his capacity as a National Guardsman, on active duty for the United States. Between April 15 and May 9, 1969, Smits' status in the National Guard was such that he could only be considered to have been an employee of the State of Kentucky. An affidavit by Colonel Waldo E. Timm of the Executive National Guard Bureau states that Peter Smits was an officer in the ArmyNational Guard on May 9, 1969, but that he was not in active Federal Service at that time. In Robin Construction Company v. United States, 345 F.2d 610 (1965), it is stated at 616 that:
". . . the decisions uniformly hold that military members of the National Guard not in active Federal service are employees of their respective States and not of the Federal *1386 government within the meaning of the Tort Claims Act."
See also Maryland for Use of Levin v. United States, 381 U.S. 41, 85 S.Ct. 1293, 14 L.Ed.2d 205 (1965). The court is satisfied that Peter Smits, as a National Guardsman, was not at the time of the accident an employee of the United States.
Moreover the court is equally satisfied that Smits was not at