2006 New York Code - Resumption Of Membership In Organized Militia By National Guardsmen On Return From Active Federal Service.

 
    § 169. Resumption  of  membership  in  organized  militia  by national
  guardsmen on return from active federal service.    Upon  their  release
  from  the  service  of  the  United  States,  the commissioned officers,
  warrant officers and enlisted personnel of the New York  national  guard
  who  have been in the active military service of the United States under
  a call or order into such service, shall resume their membership in  the
  organized  militia  subject  to  the  provisions of this section.   Such
  commissioned officers and warrant officers shall thereupon resume  their
  status  as  commissioned  officers  or  warrant officers in the New York
  national guard in the grades held by them when ordered  or  called  into
  the  active military service of the United States or in any higher grade
  which they may have attained while in such service, provided such grades
  are available under the tables of  organization  prescribed  by  federal
  regulations.    If  no  vacancies  are available under federal tables of
  organizations, such officers, if qualified, may be  transferred  to  the
  inactive national guard, or to the state reserve list in the grade which
  they  may  have  held  or attained in the active military service of the
  United States.  Such enlisted personnel shall continue to serve  in  the
  New  York  national  guard  until the dates upon which their enlistments
  entered into prior  to  their  order  or  call  would  have  expired  if
  uninterrupted  by such federal service.  Enlisted personnel shall resume
  the grades held by them when ordered or called into the active  military
  service  of  the  United  States or any higher grade which they may have
  attained while in such service.   So far as  practicable  the  personnel
  thus  released  from  the  active  military service of the United States
  shall be returned to their former organizations.   Upon  the  return  of
  such  personnel  to their former organizations, the personnel of the New
  York guard rendered surplus by corresponding reductions in the  size  of
  their  units  may,  in  the discretion of the governor, be discharged or
  placed upon the state reserve list or state retired list.