§ 41. The New York army national guard. The New York army national guard is an active land force of the organized militia and shall comprise the army units which are part of the New York national guard at this date and such other army units as may be organized hereafter, including the personnel who are enlisted, appointed or commissioned therein; provided, that all persons who are members of the New York army national guard shall be federally recognized or qualified for federal recognition therein.