Title 32 — National Guard
Chapter 3 — Personnel
§ 313. Appointments and enlistments: age limitations
Statutory text
To be eligible for original enlistment in the National Guard, a person must be at least 17 years of age and under 45, or under 64 years of age and a former member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps. To be eligible for reenlistment, a person must be under 64 years of age.
To be eligible for appointment as an officer of the National Guard, a person must—
be a citizen of the United States; and
be at least 18 years of age and under 64.
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.
Aug. 10, 1956, ch. 1041, 70A Stat. 604 · 70A Stat. 604
Enacted · 32 U.S.C. § 313
Aug. 10, 1956, ch. 1041, 70A Stat. 604
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 604Pub. L. 85–861 § 2(9) · 72 Stat. 1437
Inserted · 32 U.S.C. § 313(b)
Pub. L. 85–861 inserted qualifications for appointment of women with a view to serving as nurses or medical specialists
Source evidence
Code amendment note
Subsec. (b). Pub. L. 85–861 inserted qualifications for appointment of women with a view to serving as nurses or medical specialists.Enacted provision · exact public law section
(9) Section 313 (b) is amended to read as follows: 32 USC 313. “(b) To be eligible for appointment as an officer of the National Guard, a person must— “(1) be a citizen of the United States; “(2) be at least 18 years of age and under 64; and “(3) in the case of a woman appointed with a view to serving as a nurse or medical specialist, be at least 21 years of age and under 64.”Pub. L. 90–130 § 2(2) · 81 Stat. 374
Struck and inserted · 32 U.S.C. § 313(b)(3)
Pub. L. 90–130 struck out cl. (3) which inserted requirement that women appointed with a view to serving as a nurse or medical specialist be at least 21 years of age and under 64 years of age in order to be eligible for appointment as an officer of the National Guard
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 90–130 struck out cl. (3) which inserted requirement that women appointed with a view to serving as a nurse or medical specialist be at least 21 years of age and under 64 years of age in order to be eligible for appointment as an officer of the National Guard.Enacted provision · exact public law section
(2) Section 313(b) is amended by inserting “and” after the semicolon 72 Stat. 1544. in clause (1), striking out and” at the end of clause (2) and inserting a period in place thereof, and striking out clause (3).
2 of 3 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| 1956 Act | ||
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 313(a) 313(b) | 32:4 (less 22 words before proviso).32:4 (22 words before proviso). | June 3, 1916, ch. 134, § 58; restated Feb. 28, 1925, ch. 371, § 1 (1st par.); restated June 15, 1933, ch. 87, § 5 (1st par.), 48 Stat. 155; June 19, 1935, ch. 277, § 2, 49 Stat. 391; June 28, 1947, ch. 162, § 7 (less applicability to § 57 of the Act of June 3, 1916, ch. 134), 61 Stat. 192; July 9, 1952, ch. 608, §§ 803 (8th par.), 806(j), 66 Stat. 505, 508. |
In subsection (a), 32:4 (1st 19 words) is omitted as covered by section 101(3) and (5) of this title. 32:4 (54th through 62d words) is omitted as surplusage. The words “under 64” are substituted for the words “not more than sixty-four” to conform to an opinion of the Judge Advocate General of the Army (JAGA 1953/9033, 3 Dec. 1953). The word “Regular” is inserted before the words “Navy” and “Marine Corps”. The words “Regular Air Force” are inserted to complete the coverage of the revised section. The word “reenlistment” is substituted for the words “subsequent enlistment”.
historicalAndRevision
| 1958 Act | ||
|---|---|---|
| Section of title 32 | Source (U.S. Code) | Source (Statutes at Large) |
| 313(b) | 32 App.:4 (as applicable to age). | July 30, 1956, ch. 789, § 2 (as applicable to age), 70 Stat. 729. |
Editorial Notes
Amendments1958–1967 · 2 rounds
1967
Subsec. (b)(3). Pub. L. 90–130 struck out cl. (3) which inserted requirement that women appointed with a view to serving as a nurse or medical specialist be at least 21 years of age and under 64 years of age in order to be eligible for appointment as an officer of the National Guard.
1958
Subsec. (b). Pub. L. 85–861 inserted qualifications for appointment of women with a view to serving as nurses or medical specialists.
Credits
1956–1967 · 3 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 604
- 1958Pub. L. 85–861, § 2(9), , 72 Stat. 1544
- 1967Pub. L. 90–130, § 2(2), , 81 Stat. 383.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 604; Pub. L. 85–861, § 2(9), , 72 Stat. 1544; Pub. L. 90–130, § 2(2), , 81 Stat. 383.)