US (United States) Code. Title 32. Chapter 3: Personnel

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # National Guard

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 55 páginas
publicidad
publicidad

-CITE-

32 USC CHAPTER 3 - PERSONNEL 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

CHAPTER 3 - PERSONNEL

-MISC1-

Sec.

301. Federal recognition of enlisted members.

302. Enlistments, reenlistments, and extensions.

303. Active and inactive enlistments and transfers.

304. Enlistment oath.

305. Federal recognition of commissioned officers: persons

eligible.

307. Federal recognition of officers: examination;

certificate of eligibility.

308. Federal recognition of officers: temporary

recognition.

309. Federal recognition of National Guard officers:

officers promoted to fill vacancies.

310. Federal recognition of National Guard officers:

automatic recognition.

312. Appointment oath.

313. Appointments and enlistments: age limitations.

314. Adjutants general.

315. Detail of regular members of Army and Air Force to

duty with National Guard.

316. Detail of members of Army National Guard for rifle

instruction of civilians.

317. Command during joint exercises with Federal troops.

[318 to 321. Repealed.]

322. Discharge of enlisted members.

323. Withdrawal of Federal recognition.

324. Discharge of officers; termination of appointment.

325. Relief from National Guard duty when ordered to active

duty.

326. Courts-martial of National Guard not in Federal

service: composition, jurisdiction, and procedures.

327. Courts-martial of National Guard not in Federal

service: convening authority.

[328 to 335. Repealed.]

AMENDMENTS

2002 - Pub. L. 107-314, div. A, title V, Sec. 512(d), Dec. 2,

2002, 116 Stat. 2537, added item 327 and struck out former items

327 "General courts-martial of National Guard not in Federal

service", 328 "Special courts-martial of National Guard not in

Federal service", 329 "Summary courts-martial of National Guard not

in Federal service", 330 "Confinement instead of fine", 331

"Dismissal or dishonorable discharge", 332 "Compelling attendance

of accused and witnesses", and 333 "Execution of process and

sentence".

1994 - Pub. L. 103-337, div. A, title XVI, Sec. 1676(a)(4), Oct.

5, 1994, 108 Stat. 3019, substituted "National Guard officers:" for

"officers: Army National Guard;" in items 309 and 310.

1986 - Pub. L. 99-661, div. A, title VI, Sec. 604(f)(2)(B), Nov.

14, 1986, 100 Stat. 3878, struck out item 318 "Compensation for

disablement during training", item 319 "Compensation for

disablement during training when not covered by section 318 of this

title", item 320 "Hospitalization: when Secretary may require", and

item 321 "Death gratuity".

1984 - Pub. L. 98-525, title IV, Sec. 414(b)(2)(B), Oct. 19,

1984, 98 Stat. 2519, struck out item 335 "Status of certain members

performing full-time duty".

1983 - Pub. L. 98-94, title V, Sec. 504(b)(2), Sept. 24, 1983, 97

Stat. 632, added item 335.

1981 - Pub. L. 97-124, Sec. 3, Dec. 29, 1981, 95 Stat. 1666,

struck out item 334 "Payment of malpractice liability of National

Guard Medical personnel".

1980 - Pub. L. 96-513, title V, Sec. 515(1), Dec. 12, 1980, 94

Stat. 2937, inserted "of officers" after "recognition" in item 307.

1976 - Pub. L. 94-464, Sec. 2(c), Oct. 8, 1976, 90 Stat. 1988,

added item 334.

1961 - Pub. L. 87-378, Sec. 5(2), Oct. 4, 1961, 75 Stat. 808,

inserted ", reenlistments, and extensions" in item 302.

1958 - Pub. L. 85-861, Sec. 2(8), Sept. 2, 1958, 72 Stat. 1544,

added items 309 and 310.

-End-

-CITE-

32 USC Sec. 301 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 301. Federal recognition of enlisted members

-STATUTE-

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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 601.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

301 50:1113(a) (as applicable July 9, 1952, ch. 608,

to enlisted members). Sec. 703(a) (as

applicable to enlisted

members), 66 Stat. 502.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 323, 709 of this title.

-End-

-CITE-

32 USC Sec. 302 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 302. Enlistments, reenlistments, and extensions

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 601; Pub. L. 87-378, Sec. 5(1),

Oct. 4, 1961, 75 Stat. 808.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

302 32:124. June 3, 1916, ch. 134,

Sec. 69; restated July

11, 1919, ch. 8 (20th

par. under "National

Guard"); restated June

4, 1920, ch. 227, subch.

I, Sec. 37; restated

June 6, 1924, ch. 275,

Sec. 4; restated June

15, 1933, ch. 87, Sec.

7, 48 Stat. 156; July 9,

1952, ch. 608, Sec.

806(a), 66 Stat. 506.

--------------------------------------------------------------------

32:124 (1st proviso) is omitted as executed. The word

"reenlistments" is substituted for the words "subsequent

enlistments".

AMENDMENTS

1961 - Pub. L. 87-378 permitted original enlistments for any

specified term, not less than three years, for persons who have not

served in an armed force, authorized reenlistments for any

specified period, or if the person last served in one of the

highest five enlisted grades, for an unspecified period, extensions

of enlistments or reenlistments at the request of the member for

any period not less than six months after termination of the

emergency.

EFFECTIVE DATE OF 1961 AMENDMENT

Section 6 of Pub. L. 87-378 provided that: "The amendments made

by sections 3, 4, and 5 of this Act [amending this section and

sections 3261 and 8261 of Title 10, Armed Forces] shall not affect

any enlistment, reenlistment, or appointment entered into or made

before the effective date of this Act [Oct. 4, 1961]."

-End-

-CITE-

32 USC Sec. 303 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 303. Active and inactive enlistments and transfers

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 601; Pub. L. 87-649, Sec.

14e(1), Sept. 7, 1962, 76 Stat. 502; Pub. L. 96-513, title V, Sec.

515(2), Dec. 12, 1980, 94 Stat. 2937.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

303(a) 32:132. June 3, 1916, ch. 134,

Sec. 78 (1st and 2d

sentences); restated

June 4, 1920, ch. 227,

subch. I, Sec. 42 (less

provisos); restated Feb.

28, 1925, ch. 371, Sec.

2 (1st and 2d

sentences); restated

June 15, 1933, ch. 87,

Sec. 15 (1st and 2d

sentences), 48 Stat.

159; July 9, 1952, ch.

608, Sec. 806(f), 66

Stat. 507.

303(b)

303(c)

303(d)

32:133 (less proviso).

32:154 (1st 26 words of

last par.).

32:133 (proviso).

June 3, 1916, ch. 134,

Sec. 110 (1st 30 words

of last par.); restated

Sept. 22, 1922, ch. 423,

Sec. 6 (1st 30 words of

last par.); restated May

12, 1928, ch. 529 (1st

30 words), 45 Stat. 500.

--------------------------------------------------------------------

In subsection (a), 32:132 (last 23 words) is omitted as covered

by section 304 of this title.

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.

AMENDMENTS

1980 - Subsecs. (c), (d). Pub. L. 96-513 redesignated subsec. (d)

as (c).

1962 - Subsec. (c). Pub. L. 87-649 repealed subsec. (c) which

provided that a person enlisted in inactive Army National Guard or

inactive Air National Guard is not entitled to pay under section

301 of title 37.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section

15 of Pub. L. 87-649, set out as an Effective Date note preceding

section 101 of Title 37, Pay and Allowances of the Uniformed

Services.

-End-

-CITE-

32 USC Sec. 304 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 304. Enlistment oath

-STATUTE-

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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 87-751, Sec. 2,

Oct. 5, 1962, 76 Stat. 748; Pub. L. 100-456, div. A, title XII,

Sec. 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

304 32:123. June 3, 1916, ch. 134,

Sec. 70; restated June

4, 1920, ch. 227, subch.

I, Sec. 38; restated

June 15, 1933, ch. 87,

Sec. 8, 48 Stat. 156;

June 19, 1935, ch. 277,

Sec. 3, 49 Stat. 391;

July 9, 1952, ch. 608,

Sec. 806(b), 66 Stat.

506.

--------------------------------------------------------------------

The words "or affirmation" are omitted as covered by the

definition of the word "oath" in section 1 of title 1. The words

"Each person" are substituted for the word "Men". The words "______

National Guard" are substituted for the words "National Guard (Air

National Guard)".

AMENDMENTS

1988 - Pub. L. 100-456 struck out "the Canal Zone," after "Puerto

Rico,".

1962 - Pub. L. 87-751 substituted "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" for "bear true faith and allegiance

to the United States of America and to the State of ______: That I

will serve them honestly and faithfully against all their enemies

whomsoever" and inserted "So help me God."

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-751 not to effect any oath taken before

one year after Oct. 5, 1962, see section 3 of Pub. L. 87-751, set

out as a note under section 502 of Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 12107.

-End-

-CITE-

32 USC Sec. 305 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 305. Federal recognition of commissioned officers: persons

eligible

-STATUTE-

(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 Army, Navy, Air Force, or Marine Corps.

(3) Former officers of the Army, Navy, Air Force, or Marine

Corps.

(4) Former enlisted members of the Army, Navy, Air Force, or

Marine Corps who were discharged honorably or under honorable

conditions.

(5) Graduates of the United States Military Academy, the United

States Naval Academy, or the United States Air Force 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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 85-861, Sec. 2(5),

Sept. 2, 1958, 72 Stat. 1543; Pub. L. 90-130, Sec. 2(1), Nov. 8,

1967, 81 Stat. 383.)

-MISC1-

HISTORICAL AND REVISION NOTES

1956 ACT

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

305 32:111 (less 37th through June 3, 1916, ch. 134,

54th words). Sec. 74 (less 39th

through 56th words);

restated June 4, 1920,

ch. 227, subch. I, Sec.

41 (less 39th through

56th words), 41 Stat.

781.

--------------------------------------------------------------------

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 section 301 of this

title).

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 (68 Stat. 47).

In clause (7), the words "staff branch" are substituted for the

words "Staff Corps and departments".

1958 ACT

--------------------------------------------------------------------

Section Source (U.S. Code) Source (Statutes at

of title Large)

32

--------------------------------------------------------------------

305(b) 32 App.:4 (less July 30, 1956, ch. 789,

applicability to age). Secs. 2 (less

applicability to age),

3, 70 Stat. 729.

--------------------------------------------------------------------

The words "who are citizens of the United States" are omitted as

covered by section 313(b) of this title. The words "with a view to

serving" are substituted for the words "to serve". The words "and

have the physical and other qualifications prescribed by the

Secretary of the Army" and section 3 of the source statute are

omitted as covered by section 307(a)(2) of this title. The

applicability of section 3 of the source statute to section 1 of

the source statute is omitted as unnecessary.

AMENDMENTS

1967 - Subsec. (a). Pub. L. 90-130, Sec. 2(1)(A), struck out

provision that, except as provided in subsec. (b), only male

persons from the enumerated categories were eligible for Federal

recognition as commissioned officers of the National Guard.

Subsec. (b). Pub. L. 90-130, Sec. 2(1)(B), (C), struck out

provision that women are eligible for Federal recognition as

commissioned officers of the National Guard, with a view to serving

as nurses or medical specialist, and substituted "person" for

"woman" in description of the individual who must be a graduate of

a hospital or university training school and a registered nurse in

order to be eligible for Federal recognition under this section

with a view to serving as a nurse.

1958 - Subsec. (a). Pub. L. 85-861, Sec. 2(5)(A), designated

existing provisions as subsec. (a) and substituted "Except as

provided in subsection (b), only male persons" for "Only persons".

Subsec. (b). Pub. L. 85-861, Sec. 2(5)(B), added subsec. (b).

-End-

-CITE-

32 USC Sec. 307 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 307. Federal recognition of officers: examination; certificate

of eligibility

-STATUTE-

(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 section 312 of this

title.

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 85-861, Sec. 2(6),

Sept. 2, 1958, 72 Stat. 1543; Pub. L. 92-492, Sec. 2(b), Oct. 13,

1972, 86 Stat. 810; Pub. L. 96-535, Dec. 16, 1980, 94 Stat. 3165;

Pub. L. 103-337, div. A, title XVI, Sec. 1676(a)(2), Oct. 5, 1994,

108 Stat. 3019.)

-MISC1-

HISTORICAL AND REVISION NOTES

1956 ACT

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

307(a) 32:113 (1st sentence). June 3, 1916, ch. 134,

Sec. 74 (39th through

56th words); restated

June 4, 1920, ch. 227,

subch. I, Sec. 41 (39th

through 56th words), 41

Stat. 781.

307(b)

307(c)

307(d)

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,

Sec. 75; restated June

15, 1933, ch. 87, Sec.

12, 48 Stat. 158; July

9, 1952, ch. 608, Sec.

803 (10th par.), 66

Stat. 505.

July 9, 1952, ch. 608,

Secs. 703(a) (as

applicable to officers),

705(a) (less last 39

words), 66 Stat. 502.

--------------------------------------------------------------------

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 113 of Title 32" are omitted as covered by the words of

exception in revised subsection (a). The words "Subject to

subsection (a)(1) and (2)" are inserted, since 50:1115(a) (less

last 39 words) 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 "in his reserve grade" are

substituted for the words "in the same grade in which he is

appointed as a Reserve officer of the appropriate Armed Force of

the United States". The last sentence is inserted for clarity.

1958 ACT

--------------------------------------------------------------------

Section Source (U.S. Code) Source (Statutes at

of title Large)

32

--------------------------------------------------------------------

307(a) 50:1349(b) (1st sentence). Sept. 3, 1954, ch. 1257,

Sec. 519(b), 68 Stat.

1179.

307(e)

50:1349(b) (less 1st

sentence, and less 36th

through 58th words of 2d

sentence).

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 section 113 of Title 32" are omitted as covered by

the words of exception in revised subsection (a). The last 37 words

are substituted for 50:1349(b) (last 29 words of 2d sentence; and

last sentence).

AMENDMENTS

1994 - Subsec. (a)(3). Pub. L. 103-337 struck out "and sections

8365 and 8366 of title 10" after "of this section".

1980 - Subsec. (g). Pub. L. 96-535 struck out subsec. (g) which

prohibited extension of Federal recognition to members of the

Virgin Islands National Guard in any grade above colonel.

1972 - Subsec. (g). Pub. L. 92-492 added subsec. (g).

1958 - Subsec. (a)(3). Pub. L. 85-861, Sec. 2(6)(A), substituted

"subsections (d) and (e) of this section and sections 8365 and 8366

of title 10" for "subsection (d)".

Subsecs. (e), (f). Pub. L. 85-861, Sec. 2(6)(B), added subsecs.

(e) and (f).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as

otherwise provided, see section 1691 of Pub. L. 103-337, set out as

an Effective Date note under section 10001 of Title 10, Armed

Forces.

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

section 111 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 111, 308, 310 of this

title; title 10 sections 1370, 14301, 14308, 14316.

-End-

-CITE-

32 USC Sec. 308 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 308. Federal recognition of officers: temporary recognition

-STATUTE-

(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

section 307(b) of this title, pending his appointment as a reserve

officer of the Army. The Secretary of the Air Force may do likewise

for a person who has passed that examination pending his

appointment as a reserve officer of the Air Force. Temporary

recognition so extended may be withdrawn at any time. If not sooner

withdrawn or replaced by permanent recognition upon appointment as

a reserve officer in the same grade, it terminates six months after

its effective date.

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 603.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

308(a) 50:1114 (less 2d and 3d July 9, 1952, ch. 608,

sentences). Sec. 704 (less 2d

sentence), 66 Stat. 502.

308(b)

50:1114 (3d 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.

-End-

-CITE-

32 USC Sec. 309 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 309. Federal recognition of National Guard officers: officers

promoted to fill vacancies

-STATUTE-

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

section 14303 of title 10, shall be examined for Federal

recognition in the grade to which the officer is promoted.

-SOURCE-

(Added Pub. L. 85-861, Sec. 2(7), Sept. 2, 1958, 72 Stat. 1543;

amended Pub. L. 103-337, div. A, title XVI, Sec. 1630(1), Oct. 5,

1994, 108 Stat. 2963.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

309 50:1251. Sept. 3, 1954, ch. 1257,

Sec. 319, 68 Stat. 1160.

--------------------------------------------------------------------

The words "authorized under section 1227(a) of this title" are

omitted as surplusage.

AMENDMENTS

1994 - Pub. L. 103-337 substituted "National Guard officers:

officers" for "officers: Army National Guard; officers" in section

catchline and amended text generally. Prior to amendment, text read

as follows: "Each officer of the Army National Guard who is

promoted to fill a vacancy in a federally recognized unit thereof,

and who is eligible for promotion under section 3363(b) of title

10, shall be examined for Federal recognition in the grade to which

he is promoted. However, a second lieutenant or first lieutenant of

the Army National Guard who has served creditably for at least one

year in a position prescribed to be filled by a captain, and who

has not previously been federally recognized under this section,

may be examined for Federal recognition in the next higher grade

without regard to section 3363(b) of title 10."

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Oct. 1, 1996, see section

1691 of Pub. L. 103-337, set out as an Effective Date note under

section 10001 of Title 10, Armed Forces.

SUSPENSION OF THIS SECTION

For authority of the President to suspend this section in time of

war or emergency declared by Congress, see section 111 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 111, 310 of this title.

-End-

-CITE-

32 USC Sec. 310 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 310. Federal recognition of National Guard officers: automatic

recognition

-STATUTE-

(a) Notwithstanding sections 307 and 309 of this title, if a

second lieutenant of the National Guard is promoted to the grade of

first lieutenant to fill a vacancy in a federally recognized unit

in the National Guard, Federal recognition is automatically

extended to that officer in the grade of first lieutenant,

effective as of the date on which that officer has completed the

service in the grade specified in section 14303(a)(1) of title 10

and has met such other requirements as prescribed by the Secretary

concerned under section 14308(b) of that title, if the officer has

remained in an active status since the officer was so recommended.

(b) Notwithstanding sections 307 and 309 of this title, if an

officer of the Army Reserve or the Air Force Reserve in a reserve

grade above second lieutenant is appointed in the next higher grade

in the National Guard to fill a vacancy in a federally recognized

unit in the National Guard, Federal recognition is automatically

extended to that officer in the grade in which the officer is so

appointed in the National Guard if the officer has been recommended

for promotion under chapter 1405 of title 10 and has remained in an

active status since the officer was so recommended. The extension

of Federal recognition under this subsection is effective as of the

date when the officer is appointed in the National Guard.

-SOURCE-

(Added Pub. L. 85-861, Sec. 2(7), Sept. 2, 1958, 72 Stat. 1544;

amended Pub. L. 103-337, div. A, title XVI, Sec. 1630(1), Oct. 5,

1994, 108 Stat. 2964.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

310(a) 50:1252 (less (2)). Sept. 3, 1954, ch. 1257,

Sec. 320, 68 Stat. 1160.

310(b)

50:1252(2).

--------------------------------------------------------------------

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 section

3820(c) of title 10, requiring the discharge of each second

lieutenant who is not promoted by the time he has three years of

service. (See opinion of the Judge Advocate General of the Army

(JAGA 1957/1019, Jan. 7, 1957).)

AMENDMENTS

1994 - Pub. L. 103-337 substituted "National Guard officers:" for

"officers: Army National Guard;" in section catchline and amended

text generally. Prior to amendment, text read as follows:

"(a) Notwithstanding sections 307 and 309 of this title, if a

second lieutenant of the Army National Guard is promoted to the

grade of first lieutenant to fill a vacancy in a federally

recognized unit thereof, Federal recognition is automatically

extended to him in the grade of first lieutenant, effective as of

the date on which he completes three years of service computed

under section 3360(a) of title 10.

"(b) Notwithstanding sections 307 and 309 of this title, if an

officer of the Army Reserve in a reserve grade above second

lieutenant is appointed in the next higher grade in the Army

National Guard to fill a vacancy in a federally recognized unit

thereof, Federal recognition is automatically extended to him in

the grade in which he is so appointed in the Army National Guard,

if he has been recommended for promotion to the grade concerned

under section 3366, 3367, 3370, or 3383 of title 10 and has

remained in an active status since he was so recommended. The

extension of Federal recognition under this subsection is effective

as of the date when the officer is appointed in the Army National

Guard."

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-337 effective Oct. 1, 1996, see section

1691(b)(1) of Pub. L. 103-337, set out as an Effective Date note

under section 10001 of Title 10, Armed Forces.

SUSPENSION OF THIS SECTION

For authority of the President to suspend this section in time of

war or emergency declared by Congress, see section 111 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 14308.

-End-

-CITE-

32 USC Sec. 312 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 312. Appointment oath

-STATUTE-

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."

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 603.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

312 32:112. June 3, 1916, ch. 134,

Sec. 73 (1st par.);

restated June 15, 1933,

ch. 87, Sec. 11 (1st

par.), 48 Stat. 157;

July 9, 1952, ch. 608,

Sec. 806(c), 66 Stat.

507.

--------------------------------------------------------------------

The words "Each person who is appointed as an" are inserted for

clarity.

-End-

-CITE-

32 USC Sec. 313 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 313. Appointments and enlistments: age limitations

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 604; Pub. L. 85-861, Sec. 2(9),

Sept. 2, 1958, 72 Stat. 1544; Pub. L. 90-130, Sec. 2(2), Nov. 8,

1967, 81 Stat. 383.)

-MISC1-

HISTORICAL AND REVISION NOTES

1956 ACT

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

313(a) 32:4 (less 22 words June 3, 1916, ch. 134,

before proviso). Sec. 58; restated Feb.

28, 1925, ch. 371, Sec.

1 (1st par.); restated

June 15, 1933, ch. 87,

Sec. 5 (1st par.), 48

Stat. 155; June 19,

1935, ch. 277, Sec. 2,

49 Stat. 391; June 28,

1947, ch. 162, Sec. 7

(less applicability to

Sec. 57 of the Act of

June 3, 1916, ch. 134),

61 Stat. 192; July 9,

1952, ch. 608, Secs. 803

(8th par.), 806(j), 66

Stat. 505, 508.

313(b)

32:4 (22 words before

proviso).

--------------------------------------------------------------------

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".

1958 ACT

--------------------------------------------------------------------

Section Source (U.S. Code) Source (Statutes at

of title Large)

32

--------------------------------------------------------------------

313(b) 32 App.:4 (as applicable July 30, 1956, ch. 789,

to age). Sec. 2 (as applicable to

age), 70 Stat. 729.

--------------------------------------------------------------------

AMENDMENTS

1967 - Subsec. (b)(3). Pub. L. 90-130 struck out cl. (3) which

inserted requirement that women appointed with a view to serving as

a nurse or medical specialist be at least 21 years of age and under

64 years of age in order to be eligible for appointment as an

officer of the National Guard.

1958 - Subsec. (b). Pub. L. 85-861 inserted qualifications for

appointment of women with a view to serving as nurses or medical

specialists.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 311.

-End-

-CITE-

32 USC Sec. 314 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 314. Adjutants general

-STATUTE-

(a) There shall be an adjutant general in each State and

Territory, Puerto Rico, and the District of Columbia. 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 and Territory, Puerto

Rico, and the District of Columbia, 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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 604; Pub. L. 85-894, Sept. 2,

1958, 72 Stat. 1713; Pub. L. 100-456, div. A, title XII, Sec.

1234(b)(1), (5), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 101-510,

div. A, title XIII, Sec. 1322(b), Nov. 5, 1990, 104 Stat. 1672;

Pub. L. 102-190, div. A, title V, Sec. 553, Dec. 5, 1991, 105 Stat.

1371.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

314(a) 32:11. Jan. 21, 1903, ch. 196,

Sec. 12, 32 Stat. 776.

314(b)

314(c)

314(d)

32:12.

10:998.

32:13.

32:14.

June 6, 1900, ch. 811,

31 Stat. 671.

June 3, 1916, ch. 134,

Sec. 66, 39 Stat. 199.

--------------------------------------------------------------------

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, Sec. 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, 63 Stat. 805 (37 U.S.C. 232). The word "grade" is

substituted for the word "rank".

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".

AMENDMENTS

1991 - Subsec. (b). Pub. L. 102-190 struck out "each Territory

and" before "the District of Columbia" in first sentence, and

struck out at end "To be eligible for appointment as adjutant

general of a Territory, a person must be a citizen of that

jurisdiction."

1990 - Subsec. (d). Pub. L. 101-510 struck out at end "Each

Secretary shall send with his annual report to Congress an abstract

of the returns and reports of the adjutants general and such

comments as he considers necessary for the information of

Congress."

1988 - Subsec. (a). Pub. L. 100-456, Sec. 1234(b)(1), struck out

"the Canal Zone," after "Puerto Rico,".

Subsec. (b). Pub. L. 100-456, Sec. 1234(b)(5), struck out ", the

Canal Zone," after "each Territory" and "or the Canal Zone" after

"a Territory".

Subsec. (d). Pub. L. 100-456, Sec. 1234(b)(1), struck out "the

Canal Zone," after "Puerto Rico,".

1958 - Subsec. (b). Pub. L. 85-894 struck out "Puerto Rico" in

two places.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 709 of this title; title

10 section 1370.

-End-

-CITE-

32 USC Sec. 315 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 315. Detail of regular members of Army and Air Force to duty

with National Guard

-STATUTE-

(a) The Secretary of the Army shall detail commissioned officers

of the Regular Army to duty with the Army National Guard of each

State and Territory, Puerto Rico, and the District of Columbia. 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 and Territory, Puerto Rico, and the District of Columbia.

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

and Territory, Puerto Rico, and the District of Columbia. 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 and Territory, Puerto Rico, and the District of Columbia.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 604; Pub. L. 100-456, div. A,

title XII, Sec. 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

315(a) 32:68 (less 2d sentence). June 3, 1916, ch. 134,

Sec. 100, 39 Stat. 208.

315(b)

32:69.

32:68 (2d sentence).

--------------------------------------------------------------------

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 section

3504(a) or 8504(a) of title 10. The words "of the active list", in

32:68, are omitted for the same reason. The words "so detailed" are

substituted for the words "detailed under section 68 of this

title", in 32:69. The words "relative or lineal", in 32:69, are

omitted as surplusage.

AMENDMENTS

1988 - Subsecs. (a), (b). Pub. L. 100-456 struck out "the Canal

Zone," after "Puerto Rico,".

-End-

-CITE-

32 USC Sec. 316 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 316. Detail of members of Army National Guard for rifle

instruction of civilians

-STATUTE-

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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 605.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

316 32:183. June 3, 1916, ch. 134,

Sec. 113 (3d sentence),

39 Stat. 211.

--------------------------------------------------------------------

The word "civilians" is substituted for the word "citizenry". The

word "capable" is omitted as surplusage.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 715 of this title;

title 10 sections 101, 701, 1054, 1089, 1333, 12732, 12733; title

28 section 2671; title 38 sections 101, 1965.

-End-

-CITE-

32 USC Sec. 317 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 317. Command during joint exercises with Federal troops

-STATUTE-

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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 605.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

317 32:72. June 3, 1916, ch. 134,

Sec. 95, 39 Stat. 207.

--------------------------------------------------------------------

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.

-End-

-CITE-

32 USC Secs. 318 to 321 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

[Secs. 318 to 321. Repealed. Pub. L. 99-661, div. A, title VI, Sec.

604(f)(2)(A), Nov. 14, 1986, 100 Stat. 3878]

-MISC1-

Section 318, acts Aug. 10, 1956, ch. 1041, 70A Stat. 605; Sept.

2, 1958, Pub. L. 85-861, Sec. 33(c)(1), 72 Stat. 1567; Sept. 7,

1962, Pub. L. 87-649, Sec. 8(a), 76 Stat. 495, related to

compensation for members of National Guard for disablement during

training.

Section 319, act Aug. 10, 1956, ch. 1041, 70A Stat. 605, related

to compensation for members of National Guard for disablement

during training when not covered by section 318 of this title.

Section 320, act Aug. 10, 1956, ch. 1041, 70A Stat. 606, related

to hospitalization ordered by Secretary of Army or Air Force for

members of National Guard.

Section 321, acts Aug. 10, 1956, ch. 1041, 70A Stat. 606; Sept.

2, 1958, Pub. L. 85-861, Sec. 2(10), 72 Stat. 1544; Sept. 7, 1962,

Pub. L. 87-649, Sec. 8(b), 76 Stat. 495, related to death

gratuities for members of National Guard.

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 Pub. L. 99-661, set out as an Effective Date of

1986 Amendment note under section 1074a of Title 10, Armed Forces.

-End-

-CITE-

32 USC Sec. 322 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 322. Discharge of enlisted members

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 606.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

322(a) 32:154 (last par., less June 3, 1916, ch. 134,

1st 26, and last 26, Sec. 72; restated June

words). 4, 1920, ch. 227, subch.

I, Sec. 40; restated

June 15, 1933, ch. 87,

Sec. 10, 48 Stat. 157;

July 9, 1952, ch. 608,

Sec. 806(d), 66 Stat.

507.

322(b)

322(c)

32:125 (less last 27

words).

32:125 (last 27 words).

June 3, 1916, ch. 134,

Sec. 110 (last par.,

less 1st 30, and last

25, words); restated

Sept. 22, 1922, ch. 423,

Sec. 6 (last par., less

1st 30, and last 137,

words); restated May 12,

1928, ch. 529 (less 1st

30, and last 25, words),

45 Stat. 500.

--------------------------------------------------------------------

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".

-End-

-CITE-

32 USC Sec. 323 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 323. Withdrawal of Federal recognition

-STATUTE-

(a) Whenever a member of the National Guard ceases to have the

qualifications prescribed under section 301 of this title or ceases

to be a member of a federally recognized unit or organization of

the National Guard, his Federal recognition shall be withdrawn.

(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 section 12105, 12213(a), or 12214(a) of title 10, his Federal

recognition is withdrawn.

(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 chapter

1407, 1409, or 1411 of title 10;

shall, if not sooner withdrawn, be withdrawn on the date of such

involuntary transfer or discharge.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 607; Pub. L. 85-861, Secs.

2(11), 33(c)(2), Sept. 2, 1958, 72 Stat. 1546, 1567; Pub. L.

103-337, div. A, title XVI, Secs. 1630(2), 1676(a)(3), Oct. 5,

1994, 108 Stat. 2964, 3019.)

-MISC1-

HISTORICAL AND REVISION NOTES

1956 ACT

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

323(a) 32:154 (last 26 words of June 3, 1916, ch. 134,

last par.). Sec. 76 (1st sentence,

and 1st 24 words of 2d

sentence); restated June

15, 1933, ch. 87, Sec.

13 (1st sentence, and

1st 24 words of 2d

sentence), 48 Stat. 158.

323(b)

323(c)

32:115 (1st sentence, and

1st 24 words of 2d

sentence).

50:1116 (last 15 words of

1st sentence).

June 3, 1916, ch. 134,

Sec. 110 (last 25 words

of last par.); restated

Sept. 22, 1922, ch. 423,

Sec. 6 (last 137 words

of last par.); restated

May 12, 1928, ch. 529

(last 25 words), 45

Stat. 501.

July 9, 1952, ch. 608,

Sec. 706 (last 15 words

of 1st sentence), 66

Stat. 503.

--------------------------------------------------------------------

In subsection (a) the words "ceases to have the qualifications

prescribed under section 300 of this title" are substituted for

32:154 (last 26 words of last par.), since it is implicit that a

member who could not be paid would lose his federally recognized

status (see JAGA 1953/9033, 3 Dec. 1953). The last 23 words of

subsection (a) are inserted as a necessary implication of the rule

stated in section 309(c) of this title.

In subsection (b), the words "or warrant officer" are omitted,

since section 101(9) of this title defines "officer" to include

warrant officers. The word "detailed" is substituted for the word

"appointed", since the filling of the positions involved is not

appointment to an office in the constitutional sense. The word

"commissioned" is inserted after the words "composed of", since the

word "officer" alone, in 32:115, referred to a commissioned officer

only (see opinion of the Judge Advocate General of the Army (JAGA

1953/4078, 6 May 1953)). The words "who outrank him" are

substituted for the words "senior in rank to the officer under

investigation".

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".

1958 ACT

--------------------------------------------------------------------

Section Source (U.S. Code) Source (Statutes at

of title Large)

32

--------------------------------------------------------------------

323(d) 50:1261 (as applicable to Sept. 3, 1954, ch. 1257,

Federal recognition). Secs. 324 (as applicable

to Federal recognition),

522(e)(1) (56th through

63d words). (e)(2) (78th

through 85th words), 68

Stat. 1161, 1181.

323(e)

50:1352(e)(1) (56th

through 63d words).

50:1352(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, chapter 134

(formerly 32 U.S.C. 115 (1st sentence)).

In subsection (d), the words "notwithstanding section 115 of

title 32" are omitted as surplusage.

In subsection (e), the words "if appropriate" are omitted as

surplusage.

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-337, Sec. 1676(a)(3), substituted

"12105, 12213(a), or 12214(a)" for "3259, 3352(a), 8259, or

8352(a)".

Subsecs. (d), (e). Pub. L. 103-337, Sec. 1630(2), added subsec.

(d) and struck out former subsecs. (d) and (e) which read as

follows:

"(d) Except as provided in sections 1005 and 1006 of title 10,

the Federal recognition of a second lieutenant of the Army National

Guard who is discharged under section 3820(c) of title 10 for

failure of promotion shall be withdrawn on the date of that

discharge.

"(e) Except as provided in sections 1005 and 1006 of title 10,

the Federal recognition of a reserve officer of the Air Force who

is not recommended for promotion under section 8368(c)(1) or (2) of

title 10, or who is found to be not qualified for Federal

recognition under section 8368(d) or (e) of title 10, shall be

withdrawn."

1958 - Subsec. (b)(1). Pub. L. 85-861, Sec. 33(c)(2), substituted

"the Regular Army or the Army National Guard of the United States,

or both" for "a regular or reserve component of the Army".

Subsec. (b)(2). Pub. L. 85-861, Sec. 33(c)(2), substituted "the

Regular Air Force or the Air National Guard of the United States,

or both" for "a regular or reserve component of the Air Force".

Subsecs. (d), (e). Pub. L. 85-861, Sec. 2(11), added subsecs. (d)

and (e).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 1676(a)(3) of Pub. L. 103-337 effective Dec.

1, 1994, except as otherwise provided, and amendment by section

1630(2) of Pub. L. 103-337 effective Oct. 1, 1996, see section 1691

of Pub. L. 103-337, set out as an Effective Date note under section

10001 of Title 10, Armed Forces.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by section 33(c)(2) of Pub. L. 85-861 effective Aug.

10, 1956, see section 33(g) of Pub. L. 85-861, set out as a note

under section 101 of Title 10, Armed Forces.

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

section 111 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 111 of this title; title

10 section 14907.

-End-

-CITE-

32 USC Sec. 324 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 324. Discharge of officers; termination of appointment

-STATUTE-

(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 or Territory of whose National Guard he is a

member, or by the laws of Puerto Rico or the District of Columbia,

if he is a member of its National Guard.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 607; Pub. L. 100-456, div. A,

title XII, Sec. 1234(b)(6), Sept. 29, 1988, 102 Stat. 2059.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

324(a) 32:114 (less 1st June 3, 1916, ch. 134,

sentence). Sec. 77; restated June

15, 1933, ch. 87, Sec.

14; restated June 19,

1935, ch. 277, Sec. 4,

49 Stat. 391; July 9,

1952, ch. 608, Sec. 803

(11th par.), 66 Stat.

505.

324(b)

32:114 (1st sentence).

--------------------------------------------------------------------

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 section 115 of this title".

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".

AMENDMENTS

1988 - Subsec. (b). Pub. L. 100-456 struck out ", the Canal

Zone," after "Puerto Rico".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 1370.

-End-

-CITE-

32 USC Sec. 325 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 325. Relief from National Guard duty when ordered to active

duty

-STATUTE-

(a) Each member of the Army National Guard of the United States

or the Air National Guard of the United States who is ordered to

active duty is relieved from duty in the National Guard of his

State or Territory, or of Puerto Rico or the District of Columbia,

as the case may be, from the effective date of his order to active

duty until he is relieved from that duty.

(b) So far as practicable, members, organizations, and units of

the Army National Guard of the United States or the Air National

Guard of the United States ordered to active duty shall be returned

to their National Guard status upon relief from that duty.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 607; Pub. L. 100-456, div. A,

title XII, Sec. 1234(b)(6), Sept. 29, 1988, 102 Stat. 2059.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

325(a) 50:1120. July 9, 1952, ch. 608,

Secs. 710, 712(b) (less

last 17 words), 66 Stat.

503, 504.

325(b)

50:1122(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".

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-456 struck out ", the Canal

Zone," after "Puerto Rico".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 706 of this title.

-End-

-CITE-

32 USC Sec. 326 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 326. Courts-martial of National Guard not in Federal service:

composition, jurisdiction, and procedures

-STATUTE-

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 and Territories,

Puerto Rico, and the District of Columbia.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 608; Pub. L. 107-314, div. A,

title V, Sec. 512(a), Dec. 2, 2002, 116 Stat. 2537.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

326 32:91. June 3, 1916, ch. 134,

Sec. 102, 39 Stat. 208.

--------------------------------------------------------------------

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.

AMENDMENTS

2002 - Pub. L. 107-314 inserted at end "Punishments shall be as

provided by the laws of the respective States and Territories,

Puerto Rico, and the District of Columbia."

-End-

-CITE-

32 USC Sec. 327 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

Sec. 327. Courts-martial of National Guard not in Federal service:

convening authority

-STATUTE-

(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 and Territories, Puerto Rico, and

the District of Columbia.

(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).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 608; Pub. L. 100-456, div. A,

title XII, Sec. 1234(b)(4), Sept. 29, 1988, 102 Stat. 2059; Pub. L.

107-314, div. A, title V, Sec. 512(b), Dec. 2, 2002, 116 Stat.

2537.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at

section Large)

--------------------------------------------------------------------

327(a) 32:92 (1st 46 words). June 3, 1916, ch. 134,

Sec. 103, 39 Stat. 208.

327(b)

32:92 (less 1st 46 words).

--------------------------------------------------------------------

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".

AMENDMENTS

2002 - Pub. L. 107-314 amended section catchline and text

generally. Prior to amendment, text read as follows:

"(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). Pub. L. 100-456 substituted "Territory or

Puerto Rico" for "Territory, Puerto Rico, or the Canal Zone,".

MODELS FOR STATE CODE OF MILITARY JUSTICE AND STATE MANUAL FOR

COURTS-MARTIAL

Pub. L. 107-314, div. A, title V, Sec. 512(e), Dec. 2, 2002, 116

Stat. 2537, provided that:

"(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."

-End-

-CITE-

32 USC Secs. 328 to 333 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

[Secs. 328 to 333. Repealed. Pub. L. 107-314, div. A, title V, Sec.

512(c)(1), Dec. 2, 2002, 116 Stat. 2537]

-MISC1-

Section 328, act Aug. 10, 1956, ch. 1041, 70A Stat. 608, related

to special courts-martial of National Guard not in Federal service.

Section 329, act Aug. 10, 1956, ch. 1041, 70A Stat. 608, related

to summary courts-martial of National Guard not in Federal service.

Section 330, act Aug. 10, 1956, ch. 1041, 70A Stat. 609, related

to confinement instead of fine for a court-martial in the National

Guard not in Federal service.

Section 331, acts Aug. 10, 1956, ch. 1041, 70A Stat. 609; Pub. L.

100-456, div. A, title XII, Sec. 1234(b)(3), Sept. 29, 1988, 102

Stat. 2059, related to sentence of dismissal or dishonorable

discharge in the National Guard not in Federal service.

Section 332, act Aug. 10, 1956, ch. 1041, 70A Stat. 609,

authorized the president of a court-martial or a summary court

officer to compel attendance of accused and witnesses in the

National Guard not in Federal service.

Section 333, acts Aug. 10, 1956, ch. 1041, 70A Stat. 609; Pub. L.

100-456, div. A, title XII, Sec. 1234(b)(1), Sept. 29, 1988, 102

Stat. 2059, related to execution of process and sentence of

courts-martial in the National Guard not in Federal service.

EFFECTIVE DATE OF REPEAL

Pub. L. 107-314, div. A, title V, Sec. 512(c)(2), Dec. 2, 2002,

116 Stat. 2537, provided that: "The provisions of law repealed by

paragraph (1) [repealing sections 328 to 333 of this title] shall

continue to apply with respect to courts-martial convened in the

National Guard not in Federal service before the date of the

enactment of this Act [Dec. 2, 2002]."

-End-

-CITE-

32 USC Sec. 334 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

[Sec. 334. Repealed. Pub. L. 97-124, Sec. 3, Dec. 29, 1981, 95

Stat. 1666]

-MISC1-

Section, added Pub. L. 94-464, Sec. 2(b), Oct. 8, 1976, 90 Stat.

1986; amended Pub. L. 96-513, title V, Sec. 515(3), Dec. 12, 1980,

94 Stat. 2937, provided for the payment of malpractice liability of

National Guard Medical personnel. See sections 1089(a) of Title 10,

Armed Forces, and 2671 of Title 28, Judiciary and Judicial

Procedure.

AMENDMENT AFTER REPEAL

Pub. L. 97-258, Sec. 3(h)(1), Sept. 13, 1982, 96 Stat. 1065,

purported to substitute "section 1304 of title 31" for "section

1302 of the Act of July 27, 1956, (31 U.S.C. 724a)" in subsec. (a)

of section 334 of this title, without reference to the earlier

repeal of that section by Pub. L. 97-124, Sec. 3, Dec. 29, 1981, 95

Stat. 1666.

EFFECTIVE DATE OF REPEAL

Repeal effective only with respect to claims arising on or after

Dec. 29, 1981, see section 4 of Pub. L. 97-124, set out as an

Effective Date of 1981 Amendment note under section 1089 of Title

10, Armed Forces.

-End-

-CITE-

32 USC Sec. 335 01/06/03

-EXPCITE-

TITLE 32 - NATIONAL GUARD

CHAPTER 3 - PERSONNEL

-HEAD-

[Sec. 335. Repealed. Pub. L. 98-525, title IV, Sec. 414(b)(2)(A),

Oct. 19, 1984, 98 Stat. 2519]

-MISC1-

Section, added Pub. L. 98-94, title V, Sec. 504(b)(1), Sept. 24,

1983, 97 Stat. 632, related to status of certain members of the

National Guard performing full-time duty.

-End-