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Title 32 — National Guard

Chapter 3 — Personnel

§ 303. Active and inactive enlistments and transfers

Statutory text

(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

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Aug. 10, 1956, ch. 1041, 70A Stat. 601 · 70A Stat. 601

    Enacted · 32 U.S.C. § 303

    Aug. 10, 1956, ch. 1041, 70A Stat. 601

    Source evidence

    Code source credit
    Aug. 10, 1956, ch. 1041, 70A Stat. 601

  2. Pub. L. 87–649 § 14e(1) · 76 Stat. 451

    Repealed · 32 U.S.C. § 303(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

    Source evidence

    Code amendment note
    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.

  3. Defense Officer Personnel Management Act

    Pub. L. 96–513 title V § 515(2) · 94 Stat. 2835

    Redesignated · 32 U.S.C. § 303(c); 32 U.S.C. § 303(d)

    Pub. L. 96–513 redesignated subsec. (d) as (c)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 96–513 redesignated subsec. (d) as (c).

    Enacted provision · exact public law section
    (2) Subsection (d) of section 303 is redesignated as subsection 32 USC 303. (c).

    Effective date note
    Amendment 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.

  4. Pub. L. 119–60 div. A title V § 511 · 139 Stat. 860

    Added · 32 U.S.C. § 303(d)

    Pub. L. 119–60 added subsec. (d)

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 119–60 added subsec. (d).

1 of 4 references resolved to an enrolled provision · 2 partial · 1 unresolved

Notes

historicalAndRevision
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

Amendments1962–2025 · 3 rounds

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 Amendment

Amendment by Pub. L. 96–513 effective , 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 Amendment

Amendment by Pub. L. 87–649 effective , 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.

Credits

1956–2025 · 4 acts
  1. 1956Aug. 10, 1956, ch. 1041, 70A Stat. 601
  2. 1962Pub. L. 87–649, § 14e(1), , 76 Stat. 502
  3. 1980Pub. L. 96–513, title V, § 515(2), , 94 Stat. 2937
  4. 2025Pub. L. 119–60, div. A, title V, § 511, , 139 Stat. 860.
Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 601; Pub. L. 87–649, § 14e(1), , 76 Stat. 502; Pub. L. 96–513, title V, § 515(2), , 94 Stat. 2937; Pub. L. 119–60, div. A, title V, § 511, , 139 Stat. 860.)

Parsed from the official OLRC USLM XML in data/usc_all/usc32.xml · release point 119-108 · OLRC build 2026-03-26

USLM identifier /us/usc/t32/s303