2003 U.S. Code
Title 32 - NATIONAL GUARD
CHAPTER 3 - PERSONNEL
Sec. 325 - Relief from National Guard duty when ordered to active duty
§325. Relief from National Guard duty when ordered to active duty
(a) Relief Required.—(1) Except as provided in paragraph (2), 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.
(2) An officer of the Army National Guard of the United States or the Air National Guard of the United States is not relieved from duty in the National Guard of his State or Territory, or of Puerto Rico or the District of Columbia, under paragraph (1) while serving on active duty in command of a National Guard unit if—
(A) the President authorizes such service in both duty statuses; and
(B) the Governor of his State or Territory or Puerto Rico, or the commanding general of the District of Columbia National Guard, as the case may be, consents to such service in both duty statuses.
(b) Return to State Status.—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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 607; Pub. L. 100–456, div. A, title XII, §1234(b)(6), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 108–136, div. A, title V, §516, Nov. 24, 2003, 117 Stat. 1461.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 325(a) 325(b) | 50:1120. 50:1122(b) (less last 17 words). | July 9, 1952, ch. 608, §§710, 712(b) (less last 17 words), 66 Stat. 503, 504. |
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”.
Amendments2003—Subsec. (a). Pub. L. 108–136, §516(a), substituted “(a) Relief Required.—(1) Except as provided in paragraph (2), each” for “(a) Each” and added par. (2).
Subsec. (b). Pub. L. 108–136, §516(b), inserted heading.
1988—Subsec. (a). Pub. L. 100–456 struck out “, the Canal Zone,” after “Puerto Rico”.
Section Referred to in Other SectionsThis section is referred to in section 706 of this title.
