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Title 32 — National Guard

Chapter 3 — Personnel

§ 322. Discharge of enlisted members

Statutory text

(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his Federal recognition is withdrawn.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.

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. 606.) · 70A Stat. 606

    Enacted · 32 U.S.C. § 322

    (Aug. 10, 1956, ch. 1041, 70A Stat. 606.)

    Source evidence

    Code source credit
    (Aug. 10, 1956, ch. 1041, 70A Stat. 606.)

0 of 1 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (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”.

Credits

(Aug. 10, 1956, ch. 1041, 70A Stat. 606.)

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/s322