Title 32 — National Guard
Chapter 3 — Personnel
§ 324. Discharge of officers; termination of appointment
Statutory text
An officer of the National Guard shall be discharged when—
he becomes 64 years of age; or
his Federal recognition is withdrawn.
The official who would be authorized to appoint him shall give him a discharge certificate.
Subject to subsection (a), the appointment of an officer of the National Guard may be terminated or vacated as provided by the laws of the State of whose National Guard he is a member, or by the laws of the Commonwealth of Puerto Rico, or the District of Columbia, Guam, or the Virgin Islands, of whose National Guard he is a member.
Notwithstanding subsection (a)(1), an officer of the National Guard serving as a chaplain, medical officer, dental officer, nurse, veterinarian, Medical Service Corps officer, or biomedical sciences officer may be retained, with the officer’s consent, until the date on which the officer becomes 68 years of age.
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. 607 · 70A Stat. 607
Enacted · 32 U.S.C. § 324
Aug. 10, 1956, ch. 1041, 70A Stat. 607
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 607National Defense Authorization Act, Fiscal Year 1989
Pub. L. 100–456 div. A title XII § 1234(b)(6) · 102 Stat. 1918
Struck · 32 U.S.C. § 324(b)
Pub. L. 100–456 struck out “, the Canal Zone,” after “Puerto Rico”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 100–456 struck out “, the Canal Zone,” after “Puerto Rico”.Enacted provision · exact public law section
(6) Sections 324(b) and 325(a) are each amended by striking out“, the Canal Zone,”.National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 § 1057(b)(5) · 119 Stat. 3136
Amended · 32 U.S.C. § 324(b)
Pub. L. 109–163, § 1057(b)(5), as amended by Pub. L. 111–383
Substituted · 32 U.S.C. § 324(b)
Pub. L. 109–163, § 1057(b)(5), as substituted “State of whose National Guard he is a member, or by the laws of the Commonwealth of Puerto Rico, or the District of Columbia, Guam, or the Virgin Islands, of whose National Guard he is a member” for “State or Territory of whose National Guard he is a member, or by the laws of Puerto Rico or the District of Columbia, if he is a member of its National Guard”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 109–163, § 1057(b)(5), as amended by Pub. L. 111–383, substituted “State of whose National Guard he is a member, or by the laws of the Commonwealth of Puerto Rico, or the District of Columbia, Guam, or the Virgin Islands, of whose National Guard he is a member” for “State or Territory of whose National Guard he is a member, or by the laws of Puerto Rico or the District of Columbia, if he is a member of its National Guard”.Enacted provision · exact public law section
(5) Section 324 is amended by striking “State or Territory of whose National Guard he is a member, or by the laws of Puerto Rico, or the District of Columbia, if he is a member of its National Guard” and inserting “State of whose National Guard he is a member, or by the laws of the Commonwealth of Puerto Rico, or the District of Columbia, Guam, or the Virgin Islands, whose National Guard he is a member”.Effective date note
Pub. L. 111–383, div. A, title X, § 1075(h), Jan. 7, 2011, 124 Stat. 4377, provided that the amendment made by section 1075(h)(4)(C) is effective as of Jan. 6, 2006, and as if included in Pub. L. 109–163 as enacted.Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
Pub. L. 110–417 · 122 Stat. 4356
Added · 32 U.S.C. § 324(c)
Pub. L. 110–417 added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 110–417 added subsec. (c).Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Pub. L. 111–383 div. A title X § 1075(h)(4)(C) · 124 Stat. 4137
Amended · 32 U.S.C. § 324(b)
Pub. L. 111–383 amended directory language of Pub. L. 109–163, § 1057(b)(5). See 2006 Amendment note below
Source evidence
Code amendment note
Subsec. (b). Pub. L. 111–383 amended directory language of Pub. L. 109–163, § 1057(b)(5). See 2006 Amendment note below.Enacted provision · exact public law section
(C) in subsection (b)(5)— (i) in the language to be struck from section 324 of title 32, United States Code, by striking the comma after “Rico”; and (ii) in the language to be inserted in section 324 of title 32, United States Code, by inserting “of” after “Virgin Islands,”.Effective date note
Pub. L. 111–383, div. A, title X, § 1075(h), Jan. 7, 2011, 124 Stat. 4377, provided that the amendment made by section 1075(h)(4)(C) is effective as of Jan. 6, 2006, and as if included in Pub. L. 109–163 as enacted.
4 of 6 references resolved to an enrolled provision · 2 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 324(a)324(b) | 32:114 (less 1st sentence).32:114 (1st sentence). | June 3, 1916, ch. 134, § 77; restated June 15, 1933, ch. 87, § 14; restated June 19, 1935, ch. 277, § 4, 49 Stat. 391; July 9, 1952, ch. 608, § 803 (11th par.), 66 Stat. 505. |
In subsection (a), the words “shall be discharged” are substituted for the words “shall thereupon cease to be a member thereof” since an official is required to give the officer a discharge certificate. The words “becomes 64 years of age” are substituted for the words “upon reaching the age of sixty-four years”. The words “his Federal recognition is withdrawn” are substituted for the words “When Federal recognition is withdrawn * * * as provided in section 115 of this title”.
In subsection (b), the words “Subject to subsection (a)” are inserted for clarity. The words “as provided by the laws” are substituted for the words “in such manner as * * * shall provide by law”.
Editorial Notes
Amendments1988–2011 · 4 rounds
2011
Subsec. (b). Pub. L. 111–383 amended directory language of Pub. L. 109–163, § 1057(b)(5). See 2006 Amendment note below.
2008
Subsec. (c). Pub. L. 110–417 added subsec. (c).
2006
Subsec. (b). Pub. L. 109–163, § 1057(b)(5), as amended by Pub. L. 111–383, substituted “State of whose National Guard he is a member, or by the laws of the Commonwealth of Puerto Rico, or the District of Columbia, Guam, or the Virgin Islands, of whose National Guard he is a member” for “State or Territory of whose National Guard he is a member, or by the laws of Puerto Rico or the District of Columbia, if he is a member of its National Guard”.
1988
Subsec. (b). Pub. L. 100–456 struck out “, the Canal Zone,” after “Puerto Rico”.
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Pub. L. 111–383, div. A, title X, § 1075(h), , 124 Stat. 4377, provided that the amendment made by section 1075(h)(4)(C) is effective as of , and as if included in Pub. L. 109–163 as enacted.
Credits
1956–2011 · 5 acts
- 1956Aug. 10, 1956, ch. 1041, 70A Stat. 607
- 1988Pub. L. 100–456, div. A, title XII, § 1234(b)(6), , 102 Stat. 2059
- 2006Pub. L. 109–163, div. A, title X, § 1057(b)(5), , 119 Stat. 3441
- 2008Pub. L. 110–417, [div. A], title V, § 516(b), , 122 Stat. 4442
- 2011Pub. L. 111–383, div. A, title X, § 1075(h)(4)(C), , 124 Stat. 4377.
Show as published
(Aug. 10, 1956, ch. 1041, 70A Stat. 607; Pub. L. 100–456, div. A, title XII, § 1234(b)(6), , 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(5), , 119 Stat. 3441; Pub. L. 110–417, [div. A], title V, § 516(b), , 122 Stat. 4442; Pub. L. 111–383, div. A, title X, § 1075(h)(4)(C), , 124 Stat. 4377.)