32-U.S.C.-322
§322 – Discharge of Enlisted Members
Pathway
Title 32 > Chapter 3 > Section 322
Details
- Reference: Section 322
- Legend: §322 – Discharge of Enlisted Members
- USCode Year: 2013
Provision Content
(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(2) his Federal recognition is withdrawn.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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 606.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 322(a)
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.
U.S. Encyclopedia of Law Coverage
32-U.S.C.-309 in the Legal Encyclopedia: National Guard
In this entry about 32-U.S.C.-309, find legal reference material, bibliographies and premiere content related to national guard in the American Encyclopedia of Law, presenting a comprehensive view of the United States national guard-specific issues, written by authorities in the field.
32-U.S.C.-303 in the Legal Encyclopedia: Personnel
In this entry about 32-U.S.C.-303, find legal reference material, bibliographies and premiere content related to personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States personnel-specific issues, written by authorities in the field.
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