1995 US Code
Title 32 - NATIONAL GUARD
CHAPTER 3 - PERSONNEL
Sec. 322 - Discharge of enlisted members
View Metadata| Publication Title | United States Code, 1994 Edition, Supplement 1, Title 32 - NATIONAL GUARD |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 32 - NATIONAL GUARD CHAPTER 3 - PERSONNEL Sec. 322 - Discharge of enlisted members |
| Contains | section 322 |
| Date | 1995 |
| Laws in Effect as of Date | January 16, 1996 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 606. |
| Statutes at Large References | 45 Stat. 500 48 Stat. 157 66 Stat. 507 |
§322. Discharge of enlisted members
(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(2) his Federal recognition is withdrawn.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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 606.)
| Revised section | Source (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”.
Cross ReferencesArmy and Air Force enlisted members, limitations on discharge, see section 1169 of Title 10, Armed Forces.
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