Legislación
US (United States) Code. Title 32. Chapter 3: Personnel
-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 Repealed.]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 Repealed.]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
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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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.
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-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 323, 709 of this title.
-End-
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32 USC Sec. 302 01/06/03
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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
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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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.
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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-
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32 USC Sec. 303 01/06/03
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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
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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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.
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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
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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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.
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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
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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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.
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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
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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.
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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
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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
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Section Source (U.S. Code) Source (Statutes at
of title Large)
32
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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).
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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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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