CHAPTER 3 —PERSONNEL
Editorial Notes
Amendments
2021—
2006—
2002—
1994—
1986—
1984—
1983—
1981—
1980—
1976—
1961—
1958—
Statutory Notes and Related Subsidiaries
Removal of Restrictions on the Transfer of Officers Between the Active and Inactive National Guard
"(a)
"(1) An officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard may be transferred from the active Army National Guard to the inactive Army National Guard.
"(2) An officer of the Army National Guard transferred to the inactive Army National Guard pursuant to paragraph (1) may be transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit.
"(b)
"(1) An officer of the Air National Guard who fills a vacancy in a federally recognized unit of the Air National Guard may be transferred from the active Air National Guard to the inactive Air National Guard.
"(2) An officer of the Air National Guard transferred to the inactive Air National Guard pursuant to paragraph (1) may be transferred from the inactive Air National Guard to the active Air National Guard to fill a vacancy in a federally recognized unit."
§301. Federal recognition of enlisted members
To be eligible for Federal recognition as an enlisted member of the National Guard, a person must have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved. He becomes federally recognized upon enlisting in a federally recognized unit or organization of the National Guard.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 301 | 50:1113(a) (as applicable to enlisted members). | July 9, 1952, ch. 608, §703(a) (as applicable to enlisted members), |
§302. Enlistments, reenlistments, and extensions
(a) Under regulations to be prescribed by the Secretary concerned, original enlistments in the National Guard may be accepted for—
(1) any specified term, not less than three years, for persons who have not served in an armed force; or
(2) any specified term, not less than one year, for persons who have served in any armed force.
(b) Under regulations to be prescribed by the Secretary concerned, reenlistment in the National Guard may be accepted for any specified period, or, if the person last served in one of the highest five enlisted grades, for an unspecified period.
(c) Enlistments or reenlistments in the National Guard may be extended—
(1) under regulations to be prescribed by the Secretary concerned, at the request of the member, for any period not less than six months; or
(2) by proclamation of the President, if Congress declares an emergency, until six months after termination of that emergency.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 302 | 32:124. | June 3, 1916, ch. 134, §69; restated July 11, 1919, ch. 8 (20th par. under "National Guard"); restated June 4, 1920, ch. 227, subch. I, §37; restated June 6, 1924, ch. 275, §4; restated June 15, 1933, ch. 87, §7, |
32:124 (1st proviso) is omitted as executed. The word "reenlistments" is substituted for the words "subsequent enlistments".
Editorial Notes
Amendments
1961—
Statutory Notes and Related Subsidiaries
Effective Date of 1961 Amendment
§303. Active and inactive enlistments and transfers
(a) Under regulations to be prescribed by the Secretary of the Army, a person qualified for enlistment in the active Army National Guard may be enlisted in the inactive Army National Guard for a single term of one or three years. Under regulations prescribed by the Secretary of the Air Force, a person qualified for enlistment in the active Air National Guard may be enlisted in the inactive Air National Guard for a single term of one or three years.
(b) Under such regulations as the Secretary of the Army may prescribe, an enlisted member of the active Army National Guard, not formerly enlisted in the inactive Army National Guard, may be transferred to the inactive Army National Guard. Under such regulations as the Secretary of the Air Force may prescribe, an enlisted member of the active Air National Guard, not formerly enlisted in the inactive Air National Guard, may be transferred to the inactive Air National Guard. Under such regulations as the Secretary concerned may prescribe, a person enlisted in or transferred to the inactive Army National Guard or the inactive Air National Guard may be transferred to the active Army National Guard or the active Air National Guard, as the case may be.
(c) In time of peace, no enlisted member may be required to serve for a period longer than that for which he enlisted in the active or inactive National Guard.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 303(a) 303(b) 303(c) 303(d) |
32:132. 32:133 (less proviso). 32:154 (1st 26 words of last par.). 32:133 (proviso). |
June 3, 1916, ch. 134, §78 (1st and 2d sentences); restated June 4, 1920, ch. 227, subch. I, §42 (less provisos); restated Feb. 28, 1925, ch. 371, §2 (1st and 2d sentences); restated June 15, 1933, ch. 87, §15 (1st and 2d sentences), |
| June 3, 1916, ch. 134, §110 (1st 30 words of last par.); restated Sept. 22, 1922, ch. 423, §6 (1st 30 words of last par.); restated May 12, 1928, ch. 529 (1st 30 words), |
In subsection (a), 32:132 (last 23 words) is omitted as covered by
In subsection (b), the words "Under such regulations as the Secretary may prescribe" are substituted for the word "likewise".
In subsection (c), the words "in the inactive * * * National Guard" are substituted for the words "not on the active list", since there is no active list prescribed for the National Guard.
In subsection (d), the words "under any enlistment" are omitted as surplusage.
Editorial Notes
Amendments
1980—Subsecs. (c), (d).
1962—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1962 Amendment
Amendment by
§304. Enlistment oath
Each person enlisting in the National Guard shall sign an enlistment contract and subscribe to the following oath:
"I do hereby acknowledge to have voluntarily enlisted this ____ day of ________, 19__, in the ____________ National Guard of the State of ____________ for a period of ____ year(s) under the conditions prescribed by law, unless sooner discharged by proper authority.
"I, ________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and of the State of ____________ against all enemies, foreign and domestic; that I will bear true faith and allegiance to them; and that I will obey the orders of the President of the United States and the Governor of ____________ and the orders of the officers appointed over me, according to law and regulations. So help me God."
The oath may be taken before any officer of the National Guard of the State or Territory, or of Puerto Rico, or the District of Columbia, as the case may be, or before any other person authorized by the law of the jurisdiction concerned to administer oaths of enlistment in the National Guard.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 304 | 32:123. | June 3, 1916, ch. 134, §70; restated June 4, 1920, ch. 227, subch. I, §38; restated June 15, 1933, ch. 87, §8, |
The words "or affirmation" are omitted as covered by the definition of the word "oath" in
Editorial Notes
Amendments
1988—
1962—
Statutory Notes and Related Subsidiaries
Effective Date of 1962 Amendment
Amendment by
§305. Federal recognition of commissioned officers: persons eligible
(a) The following categories are eligible for Federal recognition as commissioned officers of the National Guard:
(1) Members of the National Guard.
(2) Members of the armed forces.
(3) Former officers of the armed forces.
(4) Former enlisted members of the armed forces who were discharged honorably or under honorable conditions.
(5) Graduates of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the United States Coast Guard Academy, or the United States Merchant Marine Academy.
(6) Graduates of a school, college, university, or officer's training camp who received military instruction under the supervision of a commissioned officer of the Regular Army or the Regular Air Force, and whose fitness for appointment has been certified by that officer.
(7) Civilians who are specially qualified for duty in a technical or staff branch or organization.
(b) To be eligible for Federal recognition under this section with a view to serving as a nurse, a person must be a graduate of a hospital or university training school and a registered nurse.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 305 | 32:111 (less 37th through 54th words). | June 3, 1916, ch. 134, §74 (less 39th through 56th words); restated June 4, 1920, ch. 227, subch. I, §41 (less 39th through 56th words), |
The word "individual" is inserted for clarity to distinguish the individual Federal recognition that is necessary to membership as an officer from the general Federal recognition that is necessary to all membership in the National Guard (see
The words "June 4, 1920" are omitted as obsolete. The words "Only persons selected from the following categories are eligible for individual Federal recognition as commissioned officers" are substituted for the words "Persons commissioned * * * shall not be recognized as such under any of the provisions of this title unless they shall have been selected from the following classes".
In clause (2), the words "reserve officers" are omitted as covered by the words "members of the Army, Navy, Air Force, or Marine Corps".
In clause (4), the words "under honorable conditions" are inserted for clarity.
In clause (5), the words "the United States Air Force Academy" are inserted to reflect the establishment of that institution by the Air Force Academy Act (
In clause (7), the words "staff branch" are substituted for the words "Staff Corps and departments".
| Section of title 32 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 305(b) | 32 App.:4 (less applicability to age). | July 30, 1956, ch. 789, §§2 (less applicability to age), 3, |
The words "who are citizens of the United States" are omitted as covered by
Editorial Notes
Amendments
2011—Subsec. (a)(5).
2004—Subsec. (a)(2) to (4).
Subsec. (a)(5).
1967—Subsec. (a).
Subsec. (b).
1958—Subsec. (a).
Subsec. (b).
§307. Federal recognition of officers: examination; certificate of eligibility
(a) To be eligible for Federal recognition as an officer of the National Guard, a person must—
(1) receive an appointment with a view to filling a vacancy in a federally recognized unit or organization of the National Guard;
(2) have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved; and
(3) except as provided in subsections (d) and (e) of this section, pass an examination for physical, moral, and professional fitness to be prescribed by the President, and subscribe to the oath of office prescribed by
(b) The examination prescribed by subsection (a)—
(1) shall be conducted, for the Army National Guard, by a board of three commissioned officers designated by the Secretary of the Army from members of the Regular Army or the Army National Guard of the United States, or both, and for the Air National Guard, by a board of three commissioned officers designated by the Secretary of the Air Force from members of the Regular Air Force or the Air National Guard of the United States, or both; and
(2) may be held before original appointment or promotion.
(c) If such a board finds a person qualified, the Chief of the National Guard Bureau may issue to him a certificate of eligibility for Federal recognition for the office for which he was found qualified. If he is originally appointed or promoted within two years to that office, he is entitled to Federal recognition without further examination, except as to physical condition.
(d) Subject to subsection (a)(1) and (2) and to such physical examination as may be prescribed, Federal recognition shall be extended to each officer of the Army Reserve who has qualified for appointment as an officer of the Army National Guard in his reserve grade. Similarly, Federal recognition shall be extended to each officer of the Air Force Reserve who has qualified for appointment as an officer of the Air National Guard. Federal recognition extended under this subsection is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be.
(e) Subject to subsection (a)(1) and (2), Federal recognition shall be extended to each officer of the Air Force Reserve who is appointed in a commissioned grade in the Air National Guard to fill a vacancy, if on the date on which he is appointed his reserve grade is the same as the grade in which he is appointed or his name is on a recommended list for promotion to that reserve grade.
(f) Federal recognition extended under subsection (d) or (e) is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 307(a) 307(b) 307(c) 307(d) |
32:113 (1st sentence). 32:111 (37th through 54th words). 50:1113(a) (as applicable to officers). 32:113 (2d sentence and 1st 24 words of 3d sentence). 32:113 (3d sentence, less 1st 24 words). 50:1115(a) (less last 39 words). |
June 3, 1916, ch. 134, §74 (39th through 56th words); restated June 4, 1920, ch. 227, subch. I, §41 (39th through 56th words), June 3, 1916, ch. 134, §75; restated June 15, 1933, ch. 87, §12, |
| July 9, 1952, ch. 608, §§703(a) (as applicable to officers), 705(a) (less last 39 words), |
In subsection (b), the words "prescribed by subsection (a)" are substituted for the words "to determine such qualifications for appointment". The word "designated" is substituted for the word "appointed", since the filling of the positions involved is not an appointment to office in the constitutional sense. The words "of an individual as an officer or warrant officer" are omitted as surplusage.
In subsection (c), the word "originally" is inserted for clarity. The words "If such a board finds a person" are substituted for the words "if the applicant has been found". The words "for individual Federal recognition for the office for which he was found qualified" are inserted for clarity. The words "that office" are substituted for the words "the office for which he was found qualified".
In subsection (d), the words "Notwithstanding the provisions of
| Section of title 32 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 307(a) 307(e) |
50:1349(b) (1st sentence). 50:1349(b) (less 1st sentence, and less 36th through 58th words of 2d sentence). |
Sept. 3, 1954, ch. 1257, §519(b), |
| 307(f) | 50:1349(b) (36th through 58th words of 2d sentence). |
In subsection (e), the words "to subsection (a)(1) and (2)" are inserted, since 50:1349(b) was not an exception to that part of 50:1113 relating to qualifications prescribed by the Secretary, or to the requirement that only members of federally recognized units can be federally recognized. The words "without the examination prescribed in
Editorial Notes
Amendments
1994—Subsec. (a)(3).
1980—Subsec. (g).
1972—Subsec. (g).
1958—Subsec. (a)(3).
Subsecs. (e), (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
Suspension of Subsection (e) of This Section
For authority of the President to suspend subsec. (e) of this section in time of war or emergency declared by Congress, see
§308. Federal recognition of officers: temporary recognition
(a) The Secretary of the Army may authorize the extension of temporary Federal recognition as an officer of the Army National Guard to any person who has passed the examination prescribed in
(b) To be eligible for temporary Federal recognition under subsection (a), a person must take an oath that during the period of temporary recognition he will perform his Federal duties as if he had been appointed as a reserve officer of the Army or the Air Force, as the case may be.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 308(a) 308(b) |
50:1114 (less 2d and 3d sentences). 50:1114 (3d sentence). |
July 9, 1952, ch. 608, §704 (less 2d sentence), |
In subsection (a), the words "by regulations" are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. The words "as an officer of the Army National Guard to any person" are substituted for the words "to any officer of the National Guard or Air National Guard". The second sentence is inserted for clarity. The words "successfully", "final determination of his eligibility for, and", "in the grade concerned", and "automatically" are omitted as surplusage. 50:1114 (proviso of last sentence) is omitted as surplusage.
In subsection (b), the words "To be eligible for temporary Federal recognition under subsection (a), a person" are substituted for the words "However, a temporary extension of Federal recognition shall be granted only when the officer". The words "the period of temporary recognition" are substituted for the words "such recognition". The words "and obligations required of him" and "in the same grade" are omitted as surplusage.
Editorial Notes
Amendments
2008—Subsec. (a).
§309. Federal recognition of National Guard officers: officers promoted to fill vacancies
Each officer of the National Guard who is promoted to fill a vacancy in a federally recognized unit of the National Guard, and who has been on the reserve active-status list or the active-duty list of the Army or the Air Force for at least one year and has completed the minimum years of service in grade specified in
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 309 | 50:1251. | Sept. 3, 1954, ch. 1257, §319, |
The words "authorized under
Editorial Notes
Amendments
1994—
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
Suspension of This Section
For authority of the President to suspend this section in time of war or emergency declared by Congress, see
§310. Federal recognition of National Guard officers: automatic recognition
(a)(1) Notwithstanding
(2) Notwithstanding
(b) Notwithstanding
(Added
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 310(a) 310(b) |
50:1252 (less (2)). 50:1252(2). |
Sept. 3, 1954, ch. 1257, §320, |
In subsections (a) and (b), the words "federally recognized" are inserted for clarity.
In subsection (a), the words "or the date of the promotion, whichever is later" are omitted as inconsistent with
Editorial Notes
Amendments
2013—Subsec. (a).
1994—
"(a) Notwithstanding
"(b) Notwithstanding
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
Suspension of This Section
For authority of the President to suspend this section in time of war or emergency declared by Congress, see
§312. Appointment oath
Each person who is appointed as an officer of the National Guard shall subscribe to the following oath:
"I, ____________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of ____________ against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of ____________, that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of ________ in the National Guard of the State of ____________ upon which I am about to enter, so help me God."
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 312 | 32:112. | June 3, 1916, ch. 134, §73 (1st par.); restated June 15, 1933, ch. 87, §11 (1st par.), |
The words "Each person who is appointed as an" are inserted for clarity.
§313. Appointments and enlistments: age limitations
(a) To be eligible for original enlistment in the National Guard, a person must be at least 17 years of age and under 45, or under 64 years of age and a former member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps. To be eligible for reenlistment, a person must be under 64 years of age.
(b) To be eligible for appointment as an officer of the National Guard, a person must—
(1) be a citizen of the United States; and
(2) be at least 18 years of age and under 64.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 313(a) 313(b) |
32:4 (less 22 words before proviso). 32:4 (22 words before proviso). |
June 3, 1916, ch. 134, §58; restated Feb. 28, 1925, ch. 371, §1 (1st par.); restated June 15, 1933, ch. 87, §5 (1st par.), |
In subsection (a), 32:4 (1st 19 words) is omitted as covered by section 101(3) and (5) of this title. 32:4 (54th through 62d words) is omitted as surplusage. The words "under 64" are substituted for the words "not more than sixty-four" to conform to an opinion of the Judge Advocate General of the Army (JAGA 1953/9033, 3 Dec. 1953). The word "Regular" is inserted before the words "Navy" and "Marine Corps". The words "Regular Air Force" are inserted to complete the coverage of the revised section. The word "reenlistment" is substituted for the words "subsequent enlistment".
| Section of title 32 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 313(b) | 32 App.:4 (as applicable to age). | July 30, 1956, ch. 789, §2 (as applicable to age), |
Editorial Notes
Amendments
1967—Subsec. (b)(3).
1958—Subsec. (b).
§314. Adjutants general
(a) There shall be an adjutant general in each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. He shall perform the duties prescribed by the laws of that jurisdiction.
(b) The President shall appoint the adjutant general of the District of Columbia and prescribe his grade and qualifications.
(c) The President may detail as adjutant general of the District of Columbia any retired commissioned officer of the Regular Army or the Regular Air Force recommended for that detail by the commanding general of the District of Columbia National Guard. An officer detailed under this subsection is entitled to the basic pay and allowances of his grade.
(d) The adjutant general of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands, and officers of the National Guard, shall make such returns and reports as the Secretary of the Army or the Secretary of the Air Force may prescribe, and shall make those returns and reports to the Secretary concerned or to any officer designated by him.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 314(a) 314(b) 314(c) 314(d) |
32:11. 32:12. 10:998. 32:13. 32:14. |
Jan. 21, 1903, ch. 196, §12, |
In subsection (a), the word "appointed" is omitted, since the position is not filled by appointment in some cases. The Act of January 21, 1903, ch. 196, §12 (last 48 words of 1st sentence) are not contained in 32:11. They are also omitted from the revised section as covered by subsection (d) of this section.
In subsection (b), the word "grade" is substituted for the word "rank". The words "To be eligible for appointment as * * * a person must be" are substituted for the words "each * * * shall be". The words "of that jurisdiction" are substituted for the words "of the Territory for which he is appointed".
In subsection (c), the word "Regular" is inserted as an implication of 10:998 (last 2 words). The words "commanding general" are substituted for the words "brigadier general commanding", since the commanding general might hold another grade.
The words "basic pay" are substituted for the words "active service pay" to conform to section 201 of the Career Compensation Act of 1949,
In subsection (d), the words "at such times and in such form" are omitted as covered by the words "such returns and reports as the Secretary * * * may prescribe".
Editorial Notes
Amendments
2006—Subsecs. (a), (d).
1991—Subsec. (b).
1990—Subsec. (d).
1988—Subsec. (a).
Subsec. (b).
Subsec. (d).
1958—Subsec. (b).
§315. Detail of regular members of Army and Air Force to duty with National Guard
(a) The Secretary of the Army shall detail commissioned officers of the Regular Army to duty with the Army National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. The Secretary of the Air Force shall detail commissioned officers of the Regular Air Force to duty with the Air National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. With the permission of the President, an officer so detailed may accept a commission in the Army National Guard or the Air National Guard, as the case may be, terminable in the President's discretion, without prejudicing his rank and without vacating his regular appointment.
(b) The Secretary of the Army may detail enlisted members of the Regular Army for duty with the Army National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. The Secretary of the Air Force may detail enlisted members of the Regular Air Force for duty with the Air National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 315(a) 315(b) |
32:68 (less 2d sentence). 32:69. 32:68 (2d sentence). |
June 3, 1916, ch. 134, §100, |
In subsection (a), 32:68 (last sentence) is omitted as surplusage, since positive provisions relating to the assignment or detail of retired officers to that duty are covered by
Editorial Notes
Amendments
2006—
1988—Subsecs. (a), (b).
Executive Documents
Delegation of Functions and Authority Under Sections 315 and 325 of Title 32, United States Code
Memorandum of President of the United States, Apr. 14, 2011, 76 F.R. 22003, provided:
Memorandum for the Secretary of Defense
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
This delegation of functions and authority supersedes and replaces the July 23, 2004, delegation to the Secretary of Defense of the functions and authority of the President contained in
You are further authorized and directed to make necessary arrangements to fund the exercise of these functions and authority from the proper appropriation, prescribe regulations to implement these functions and authority, and to publish this memorandum in the Federal Register.
Barack Obama.
§316. Detail of members of Army National Guard for rifle instruction of civilians
The President may detail officers and noncommissioned officers of the Army National Guard to duty as instructors at rifle ranges for the training of civilians in the use of military arms.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 316 | 32:183. | June 3, 1916, ch. 134, §113 (3d sentence), |
The word "civilians" is substituted for the word "citizenry". The word "capable" is omitted as surplusage.
§317. Command during joint exercises with Federal troops
When any part of the National Guard that is not in Federal service participates in an encampment, maneuver, or other exercise for instruction, together with troops in Federal service, the command of the post, air base, or other place where it is held, and of the troops in Federal service on duty there, remains with the officers in Federal service who command that place and the Federal troops on duty there, without regard to the rank of the officers of the National Guard not in Federal service who are temporarily participating in the exercise.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 317 | 32:72. | June 3, 1916, ch. 134, §95, |
The words "not in Federal service" are inserted to show that the revised section applies only to joint exercises involving National Guard troops not in Federal service, since 32:72 was enacted before the establishment of the National Guard of the United States, in 1933. The words "troops in Federal service" are substituted for the words "troops of the United States". The words "officers in Federal service who command" are substituted for the words "commander of the United States troops". The words "post, air base, or other place" are substituted for the words "military post, or reservation, or elsewhere". The words "that place and the Federal troops on duty there" are substituted for the words "there or elsewhere" The words "including outdoor target practice" and "field and coast defense instruction" are omitted as surplusage.
Statutory Notes and Related Subsidiaries
Usual and Customary Arrangement
"(1)
"(2)
"(3)
[§§318 to 321. Repealed. Pub. L. 99–661, div. A, title VI, §604(f)(2)(A), Nov. 14, 1986, 100 Stat. 3878 ]
Section 318, acts Aug. 10, 1956, ch. 1041,
Section 319, act Aug. 10, 1956, ch. 1041,
Section 320, act Aug. 10, 1956, ch. 1041,
Section 321, acts Aug. 10, 1956, ch. 1041,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal applicable with respect to persons who, after Nov. 14, 1986, incur or aggravate an injury, illness, or disease or die, see section 604(g) of
§322. Discharge of enlisted members
(a) An enlisted member of the National Guard shall be discharged when—
(1) he becomes 64 years of age; or
(2) his Federal recognition is withdrawn.
(b) An enlisted member who is discharged from the National Guard is entitled to a discharge certificate similar in form and classification to the corresponding certificate prescribed for members of the Regular Army or the Regular Air Force, as the case may be.
(c) In time of peace, an enlisted member of the National Guard may be discharged before his enlistment expires, under such regulations as may be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 322(a) 322(b) 322(c) |
32:154 (last par., less 1st 26, and last 26, words). 32:125 (less last 27 words). 32:125 (last 27 words). |
June 3, 1916, ch. 134, §72; restated June 4, 1920, ch. 227, subch. I, §40; restated June 15, 1933, ch. 87, §10, |
| June 3, 1916, ch. 134, §110 (last par., less 1st 30, and last 25, words); restated Sept. 22, 1922, ch. 423, §6 (last par., less 1st 30, and last 137, words); restated May 12, 1928, ch. 529 (less 1st 30, and last 25, words), |
Subsection (a) is substituted for 32:154 (last par., less 1st 26, and last 26, words) to reflect an opinion of the Judge Advocate General of the Army (JAGA 1953/9033, 3 Dec. 1953).
In subsection (b), the words "is entitled to a discharge certificate similar in form and classification to the corresponding certificate" are substituted for the words "shall receive a discharge in writing in such form and with such classification as is or shall be". The words "service in" are omitted as surplusage.
In subsection (c), the words "his enlistment expires" are substituted for the words "the expiration of terms of enlistment".
§323. Withdrawal of Federal recognition
(a) Whenever a member of the National Guard ceases to have the qualifications prescribed under
(b) Under regulations to be prescribed by the President, the capacity and general fitness of an officer of the National Guard for continued Federal recognition may be investigated at any time by an efficiency board composed of commissioned officers of—
(1) the Regular Army or the Army National Guard of the United States, or both, who out-rank him and who are detailed by the Secretary of the Army, if he is a member of the Army National Guard; or
(2) the Regular Air Force or the Air National Guard of the United States, or both, who outrank him and who are detailed by the Secretary of the Air Force, if he is a member of the Air National Guard.
If the findings of the board are unfavorable to the officer and are approved by the President, his Federal recognition shall be withdrawn.
(c) If a member of the Army National Guard of the United States or the Air National Guard of the United States is transferred to the Army Reserve or the Air Force Reserve, as the case may be, under
(d) The Federal recognition of a reserve commissioned officer of the Army or the Air Force who is—
(1) federally recognized as an officer of the National Guard; and
(2) subject to involuntary transfer to the Retired Reserve, transfer to an inactive status list, or discharge under
shall, if not sooner withdrawn, be withdrawn on the date of such involuntary transfer or discharge.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 323(a) 323(b) 323(c) |
32:154 (last 26 words of last par.). 32:115 (1st sentence, and 1st 24 words of 2d sentence). 50:1116 (last 15 words of 1st sentence). |
June 3, 1916, ch. 134, §76 (1st sentence, and 1st 24 words of 2d sentence); restated June 15, 1933, ch. 87, §13 (1st sentence, and 1st 24 words of 2d sentence), |
| June 3, 1916, ch. 134, §110 (last 25 words of last par.); restated Sept. 22, 1922, ch. 423, §6 (last 137 words of last par.); restated May 12, 1928, ch. 529 (last 25 words), |
||
| July 9, 1952, ch. 608, §706 (last 15 words of 1st sentence), |
In subsection (a) the words "ceases to have the qualifications prescribed under
In subsection (b), the words "or warrant officer" are omitted, since
In subsection (c), the opening clause is substituted for the words "such transfer". The words "his Federal recognition is withdrawn" are substituted for the words "shall terminate his federally recognized National Guard or Air National Guard status".
| Section of title 32 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 323(d) 323(e) |
50:1261 (as applicable to Federal recognition). 50:1352(e)(1) (56th through 63d words). 50:1352(e)(2) (78th through 85th words). |
Sept. 3, 1954, ch. 1257, §§324 (as applicable to Federal recognition), 522(e)(1) (56th through 63d words). (e)(2) (78th through 85th words), |
The change [in subsec. (b)(1) and (2)] is necessary to exclude from the efficiency board commissioned officers of the Army Reserve or Air Force Reserve, in accordance with the source law, the first sentence of section 76 of the Act of June 3, 1916,
In subsection (d), the words "notwithstanding
In subsection (e), the words "if appropriate" are omitted as surplusage.
Editorial Notes
Amendments
1994—Subsec. (c).
Subsecs. (d), (e).
"(d) Except as provided in
"(e) Except as provided in
1958—Subsec. (b)(1).
Subsec. (b)(2).
Subsecs. (d), (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by section 1676(a)(3) of
Effective Date of 1958 Amendment
Amendment by section 33(c)(2) of
Suspension of Subsection (d) of This Section
For authority of the President to suspend subsec. (d) of this section in time of war or emergency declared by Congress, see
§324. Discharge of officers; termination of appointment
(a) An officer of the National Guard shall be discharged when—
(1) he becomes 64 years of age; or
(2) his Federal recognition is withdrawn.
The official who would be authorized to appoint him shall give him a discharge certificate.
(b) Subject to subsection (a), the appointment of an officer of the National Guard may be terminated or vacated as provided by the laws of the State of whose National Guard he is a member, or by the laws of the Commonwealth of Puerto Rico, or the District of Columbia, Guam, or the Virgin Islands, of whose National Guard he is a member.
(c) Notwithstanding subsection (a)(1), an officer of the National Guard serving as a chaplain, medical officer, dental officer, nurse, veterinarian, Medical Service Corps officer, or biomedical sciences officer may be retained, with the officer's consent, until the date on which the officer becomes 68 years of age.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 324(a) 324(b) |
32:114 (less 1st sentence). 32:114 (1st sentence). |
June 3, 1916, ch. 134, §77; restated June 15, 1933, ch. 87, §14; restated June 19, 1935, ch. 277, §4, |
In subsection (a), the words "shall be discharged" are substituted for the words "shall thereupon cease to be a member thereof" since an official is required to give the officer a discharge certificate. The words "becomes 64 years of age" are substituted for the words "upon reaching the age of sixty-four years". The words "his Federal recognition is withdrawn" are substituted for the words "When Federal recognition is withdrawn * * * as provided in
In subsection (b), the words "Subject to subsection (a)" are inserted for clarity. The words "as provided by the laws" are substituted for the words "in such manner as * * * shall provide by law".
Editorial Notes
Amendments
2011—Subsec. (b).
2008—Subsec. (c).
2006—Subsec. (b).
1988—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
§325. Relief from National Guard duty when ordered to active duty
(a)
(2) An officer of the Army National Guard of the United States or the Air National Guard of the United States is not relieved from duty in the National Guard of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands or the District of Columbia, under paragraph (1) while serving on active duty if—
(A) the President authorizes such service in both duty statuses; and
(B) the Governor of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, consents to such service in both duty statuses.
(b)
(c)
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 325(a) 325(b) |
50:1120. 50:1122(b) (less last 17 words). |
July 9, 1952, ch. 608, §§710, 712(b) (less last 17 words), |
In subsection (a), the words "in the service of the United States" are omitted as surplusage. The words "effective date of his order to active duty until he is relieved from that duty" are substituted for the words "active-duty date of the orders and for as long as they remain on active duty in the service of the United States". 50:1120 (last sentence) is omitted as surplusage, since the persons involved are members of the Army or the Air Force.
In subsection (b), the words "upon relief from that duty" are substituted for the words "upon being relieved from active duty". The words "their National Guard status" are substituted for the words "to the National Guard and Air National Guard in their respective States, Territories, and the District of Columbia".
Editorial Notes
Amendments
2008—Subsec. (a)(2).
Subsecs. (b), (c).
2006—Subsec. (a).
2003—Subsec. (a).
Subsec. (b).
1988—Subsec. (a).
Executive Documents
Delegation of Functions
Functions and authority of President under this section delegated to the Secretary of Defense, see Memorandum of President of the United States, Apr. 14, 2011, 76 F.R. 22003, set out as a note under
National Guard Support for 2004 Democratic and Republican National Conventions and Other Appropriate Events
Memorandum of President of the United States, July 23, 2004, 69 F.R. 46397, which delegated to the Secretary of Defense the functions and authority of the President under this section, was superseded by Memorandum of President of the United States, Apr. 14, 2011, 69 F.R. 22003, set out as a note under
§326. Courts-martial of National Guard not in Federal service: composition, jurisdiction, and procedures
In the National Guard not in Federal service, there are general, special, and summary courts-martial constituted like similar courts of the Army and the Air Force. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures, provided for those courts. Punishments shall be as provided by the laws of the respective States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 326 | 32:91. | June 3, 1916, ch. 134, §102, |
The words "not in Federal service" are substituted for the words "Except in organizations in the service of the United States". The words "have the jurisdiction and powers" are substituted for the words "and have cognizance of the same subjects, and possess like powers". The words "of three kinds, namely", "provided for by the laws and regulations governing", "proceedings of courts-martial of the National Guard", and "modes of" are omitted as surplusage.
Editorial Notes
Amendments
2006—
2002—
§327. Courts-martial of National Guard not in Federal service: convening authority
(a) In the National Guard not in Federal service, general, special, and summary courts-martial may be convened as provided by the laws of the respective States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.
(b) In the National Guard not in Federal service—
(1) general courts-martial may be convened by the President;
(2) special courts-martial may be convened—
(A) by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the National Guard are on duty; or
(B) by the commanding officer of a division, brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command; and
(3) summary courts-martial may be convened—
(A) by the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where members of the National Guard are on duty; or
(B) by the commanding officer of a division, brigade, regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment.
(c) The convening authorities provided under subsection (b) are in addition to the convening authorities provided under subsection (a).
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 327(a) 327(b) |
32:92 (1st 46 words). 32:92 (less 1st 46 words). |
June 3, 1916, ch. 134, §103, |
In subsection (a), the words "Federal service" are substituted for the words "service of the United States".
In subsection (b), the words "A general court-martial may sentence to—" are substituted for the words "and such courts shall have the power to impose * * * to sentence". The words "any combination of these punishments" are substituted for the words "or any two or more of such punishments may be combined in the sentences imposed by such courts".
Editorial Notes
Amendments
2006—Subsec. (a).
2002—
"(a) In the National Guard not in Federal service, general courts-martial may be convened by the President or by the governor of a State or Territory or Puerto Rico or by the commanding general of the National Guard of the District of Columbia.
"(b) A general court-martial may sentence to—
"(1) a fine of not more than $200;
"(2) forfeiture of pay and allowances;
"(3) a reprimand;
"(4) dismissal or dishonorable discharge;
"(5) reduction of a noncommissioned officer to the ranks; or
"(6) any combination of these punishments."
1988—Subsec. (a).
Statutory Notes and Related Subsidiaries
Models for State Code of Military Justice and State Manual for Courts-Martial
"(1) The Secretary of Defense shall prepare a model State code of military justice and a model State manual for courts-martial to recommend to the States for use with respect to the National Guard not in Federal service. Both such models shall be consistent with the recommendations contained in the report that was issued in 1998 by the Department of Defense Panel to Study Military Justice in the National Guard not in Federal Service.
"(2) The Secretary shall ensure that adequate support for the preparation of the model State code of military justice and the model State manual for courts-martial (including the detailing of attorneys and other personnel) is provided by the General Counsel of the Department of Defense, the Secretary of the Army, the Secretary of the Air Force, and the Chief of the National Guard Bureau.
"(3) If the funds available to the Chief of the National Guard Bureau are insufficient for paying the cost of the National Guard Bureau support required under paragraph (2) (including increased costs of pay of members of the National Guard for additional active duty necessitated by such requirement and increased cost of detailed attorneys and other staff, allowances, and travel expenses related to such support), the Secretary shall, upon request made by the Chief of the Bureau, provide such additional funding as the Secretary determines necessary to satisfy the requirement for such support.
"(4) Not later than one year after the date of the enactment of this Act [Dec. 2, 2002], the Secretary shall submit a report on the actions taken to carry out this subsection to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. The report shall include proposals in final form of both the model State code of military justice and the model State manual for courts-martial required by paragraph (1), together with a discussion of the efforts being made to present those proposals to the States for their consideration for enactment or adoption, respectively.
"(5) In this subsection, the term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam."
§328. Active Guard and Reserve duty: Governor's authority
(a)
(b)
(c)
(2) Training performed under paragraph (1) must be in compliance with the requirements of
(3) No more than 100 personnel may be granted a waiver by a Secretary concerned under paragraph (1) at a time.
(4) The authority under paragraph (1) shall terminate on October 1, 2024.
(Added
Editorial Notes
Prior Provisions
A prior section 328, act Aug. 10, 1956, ch. 1041,
Amendments
2022—Subsec. (c).
§329. Prohibition on private funding for interstate deployment
A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title or title 10) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
(Added
Prior Provisions
A prior section 329, act Aug. 10, 1956, ch. 1041,
[§§330 to 333. Repealed. Pub. L. 107–314, div. A, title V, §512(c)(1), Dec. 2, 2002, 116 Stat. 2537 ]
Section 330, act Aug. 10, 1956, ch. 1041,
Section 331, acts Aug. 10, 1956, ch. 1041,
Section 332, act Aug. 10, 1956, ch. 1041,
Section 333, acts Aug. 10, 1956, ch. 1041,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
[§334. Repealed. Pub. L. 97–124, §3, Dec. 29, 1981, 95 Stat. 1666 ]
Section, added
Statutory Notes and Related Subsidiaries
Amendment After Repeal
Effective Date of Repeal
Repeal effective only with respect to claims arising on or after Dec. 29, 1981, see section 4 of
[§335. Repealed. Pub. L. 98–525, title IV, §414(b)(2)(A), Oct. 19, 1984, 98 Stat. 2519 ]
Section, added