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32 U.S.C. § 325 — Relief from National Guard duty when ordered to active duty
Federal law — U.S. Code and appendices · legal_authorities
**(a) Relief Required.—**
(1) Except as provided in paragraph (2), each member of the Army National Guard of the United States or the Air National Guard of the United States who is ordered to active duty is relieved from duty in the National Guard of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands or the District of Columbia, as the case may be, from the effective date of his order to active duty until he is relieved from that duty.
(2) An officer of the Army National Guard of the United States or the Air National Guard of the United States is not relieved from duty in the National Guard of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands or the District of Columbia, under paragraph (1) while serving on active duty if—
(A) the President authorizes such service in both duty statuses; and
(B) the Governor of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, consents to such service in both duty statuses.
**(b) Advance Authorization and Consent.—** The President and the Governor of a State or Territory, or of the Commonwealth of Puerto Rico, or the commanding general of the District of Columbia National Guard, as applicable, may give the authorization or consent required by subsection (a)(2) with respect to an officer in advance for the purpose of establishing the succession of command of a unit.
**(c) Return to State Status.—** So far as practicable, members, organizations, and units of the Army National Guard of the United States or the Air National Guard of the United States ordered to active duty shall be returned to their National Guard status upon relief from that duty.
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Source file: Laws/federal/codes/united-states-code/title-32/section-325-relief-from-national-guard-duty-when-ordered-to-active-duty--f57444b6a1.md
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Source location: Title 32, Chapter 3, § 325; chapter-003-personnel.md
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**(a) Relief Required.—**
(1) Except as provided in paragraph (2), each member of the Army National Guard of the United States or the Air National Guard of the United States who is ordered to active duty is relieved from duty in the National Guard of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands or the District of Columbia, as the case may be, from the effective date of his order to active duty until he is relieved from that duty.
(2) An officer of the Army National Guard of the United States or the Air National Guard of the United States is not relieved from duty in the National Guard of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands or the District of Columbia, under paragraph (1) while serving on active duty if—
(A) the President authorizes such service in both duty statuses; and
(B) the Governor of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, consents to such service in both duty statuses.
**(b) Advance Authorization and Consent.—** The President and the Governor of a State or Territory, or of the Commonwealth of Puerto Rico, or the commanding general of the District of Columbia National Guard, as applicable, may give the authorization or consent required by subsection (a)(2) with respect to an officer in advance for the purpose of establishing the succession of command of a unit.
**(c) Return to State Status.—** So far as practicable, members, organizations, and units of the Army National Guard of the United States or the Air National Guard of the United States ordered to active duty shall be returned to their National Guard status upon relief from that duty.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of the Army shall detail commissioned officers of the Regular Army to duty with the Army National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. The Secretary of the Air Force shall detail commissioned officers of the Regular Air Force to duty with the Air National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. With the permission of the President, an officer so detailed may accept a commission in the Army National Guard or the Air National Guard, as the case may be, terminable in the President’s discretion, without prejudicing his rank and without vacating his regular appointment.
**(b)** The Secretary of the Army may detail enlisted members of the Regular Army for duty with the Army National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. The Secretary of the Air Force may detail enlisted members of the Regular Air Force for duty with the Air National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 315
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1111, act July 9, 1952, ch. 608, pt. VII, § 701, 66 Stat. 501, provided that National Guard and Air National Guard are reserve components of Army and Air Force. See sections 10105 and 10111 of Title 10, Armed Forces.
Section 1112, act July 9, 1952, ch. 608, pt. VII, § 702, 66 Stat. 501, related to composition of National Guard and Air National Guard. See sections 101, 10105, and 10111 of Title 10, Armed Forces, and [section 101 of Title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section101&num=0&edition=prelim), National Guard.
Section 1113, act July 9, 1952, ch. 608, pt. VII, § 703, 66 Stat. 502, related to Federal recognition and appointments. See sections 12211 and 12212 of Title 10, Armed Forces, and sections 301, 307 of Title 32, National Guard.
Section 1114, act July 9, 1952, ch. 608, pt. VII, § 704, 66 Stat. 502, related to temporary extension of Federal recognition to any officer of National Guard or Air National Guard. See sections 12211 and 12212 of Title 10, Armed Forces, and [section 308 of Title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section308&num=0&edition=prelim), National Guard.
Section 1115, act July 9, 1952, ch. 608, pt. VII, § 705, 66 Stat. 502, related to transfers from Army Reserve or Air Force Reserve to National Guard or Air National Guard. See sections 12107, 12211, and 12212 of Title 10, Armed Forces, and [section 307 of Title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section307&num=0&edition=prelim), National Guard.
Section 1116, act July 9, 1952, ch. 608, pt. VII, § 706, 66 Stat. 503, related to transfers from National Guard or Air National Guard to Army Reserve or Air Force Reserve. See sections 12105, 12213, and 1
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1111 to 1124
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Federal law — U.S. Code and appendices · legal_authorities
Page 27
TITLE 32—NATIONAL GUARD
§ 325
Editorial Notes
AMENDMENTS
1994—Subsec. (c). Pub. L. 103–337, § 1676(a)(3), sub-
stituted ‘‘12105, 12213(a), or 12214(a)’’ for ‘‘3259, 3352(a),
8259, or 8352(a)’’.
Subsecs. (d), (e). Pub. L. 103–337, § 1630(2), added sub-
sec. (d) and struck out former subsecs. (d) and (e) which
read as follows:
‘‘(d) Except as provided in sections 1005 and 1006 of
title 10, the Federal recognition of a second lieutenant
of the Army National Guard who is discharged under
section 3820(c) of title 10 for failure of promotion shall
be withdrawn on the date of that discharge.
‘‘(e) Except as provided in sections 1005 and 1006 of
title 10, the Federal recognition of a reserve officer of
the Air Force who is not recommended for promotion
under section 8368(c)(1) or (2) of title 10, or who is found
to be not qualified for Federal recognition under sec-
tion 8368(d) or (e) of title 10, shall be withdrawn.’’
1958—Subsec. (b)(1). Pub. L. 85–861, § 33(c)(2), sub-
stituted ‘‘the Regular Army or the Army National
Guard of the United States, or both’’ for ‘‘a regular or
reserve component of the Army’’.
Subsec. (b)(2). Pub. L. 85–861, § 33(c)(2), substituted
‘‘the Regular Air Force or the Air National Guard of
the United States, or both’’ for ‘‘a regular or reserve
component of the Air Force’’.
Subsecs. (d), (e). Pub. L. 85–861, § 2(11), added subsecs.
(d) and (e).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by section 1676(a)(3) of Pub. L. 103–337 ef-
fective Dec. 1, 1994, except as otherwise provided, and
amendment by section 1630(2) of Pub. L. 103–337 effec-
tive Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set
out as an Effective Date note under section 10001 of
Title 10, Armed Forces.
Source: Supplied 2024 U.S. Code historical extraction · 32 U.S.C. § 325
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