Title 32 — National GuardRelease 119-73
§303 Active and inactive enlistments and transfers
Title 32 › Chapter CHAPTER 3— - PERSONNEL › § 303
Summary
The Secretaries of the Army and the Air Force can let people who qualify for the active National Guard join the inactive National Guard instead for one single term of either one year or three years, under rules they make. An enlisted member on active duty who was never in the inactive Guard can be moved to the inactive Guard under those rules, and someone in the inactive Guard can be moved back to the active Guard under those rules. In peacetime, no enlisted person can be forced to serve longer than the term they signed up for. Under rules from each Secretary, officers can be moved between active and inactive status to fill openings in federally recognized Guard units. An officer moved from active to inactive to fill a vacancy can also be moved back to active to fill a vacancy.
Full Legal Text
Title 32, §303
National Guard — Source: USLM XML via OLRC
(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.
(d)(1)Under regulations prescribed by the Secretary of the Army—
(A)an officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard may be transferred from the active Army National Guard to the inactive Army National Guard; and
(B)an officer of the Army National Guard transferred to the inactive Army National Guard pursuant to subparagraph (A) may be transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit.
(2)Under regulations prescribed by the Secretary of the Air Force—
(A)an officer of the Air National Guard who fills a vacancy in a federally recognized unit of the Air National Guard may be transferred from the active Air National Guard to the inactive Air National Guard; and
(B)an officer of the Air National Guard transferred to the inactive Air National Guard pursuant to subparagraph (A) may be transferred from the inactive Air National Guard to the active Air National Guard to fill a vacancy in a federally recognized unit.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 303(a)303(b)303(c) 303(d)32:132.32:133 (less proviso).32:154 (1st 26 words of last par.).32:133 (proviso).
June 3, 1916, ch. 134, § 78 (1st and 2d sentences); restated
June 4, 1920, ch. 227, subch. I, § 42 (less provisos); restated Feb. 28, 1925, ch. 371, § 2 (1st and 2d sentences); restated
June 15, 1933, ch. 87, § 15 (1st and 2d sentences), 48 Stat. 159;
July 9, 1952, ch. 608, § 806(f), 66 Stat. 507.
June 3, 1916, ch. 134, § 110 (1st 30 words of last par.); restated Sept. 22, 1922, ch. 423, § 6 (1st 30 words of last par.); restated
May 12, 1928, ch. 529 (1st 30 words), 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.
Editorial Notes
Amendments
2025—Subsec. (d). Pub. L. 119–60 added subsec. (d). 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.
Statutory Notes and Related Subsidiaries
Effective Date
of 1980 AmendmentAmendment 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 AmendmentAmendment 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.
Reference
Citations & Metadata
Citation
32 U.S.C. § 303
Title 32 — National Guard
Last Updated
Apr 6, 2026
Release point: 119-73