§322 — Title 32 National Guard | U.S. Code

Summary

Enlisted National Guard members must be discharged when they turn 64 years old or when their federal recognition is taken away. When discharged, they get a discharge certificate like the one used for members of the Regular Army or the Regular Air Force, as appropriate. In peacetime, they can also be discharged early before their enlistment ends if the Secretary of the Army or the Secretary of the Air Force issues rules that allow it.

Title 32, §322

National Guard — Source: USLM XML via OLRC

(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(2)his Federal recognition is withdrawn.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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 322(a) 322(b)322(c)32:154 (last par., less 1st 26, and last 26, words).32:125 (less last 27 words).32:125 (last 27 words).

June 3, 1916, ch. 134, § 72; restated

June 4, 1920, ch. 227, subch. I, § 40; restated

June 15, 1933, ch. 87, § 10, 48 Stat. 157;

July 9, 1952, ch. 608, § 806(d), 66 Stat. 507.

June 3, 1916, ch. 134, § 110 (last par., less 1st 30, and last 25, words); restated Sept. 22, 1922, ch. 423, § 6 (last par., less 1st 30, and last 137, words); restated

May 12, 1928, ch. 529 (less 1st 30, and last 25, words), 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”.

§322 Discharge of enlisted members

Summary

Title 32, §322

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata