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32 U.S.C. § 313 — Appointments and enlistments: age limitations

Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 313 — Appointments and enlistments: age limitations

**(a)** 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. **(b)** To be eligible for appointment as an officer of the National Guard, a person must— (1) be a citizen of the United States; and (2) be at least 18 years of age and under 64.

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Stable record: federal_law:legal_authorities:record_usc_4ba0631865912f306990d24c
Source file: Laws/federal/codes/united-states-code/title-32/section-313-appointments-and-enlistments-age-limitations--7a4b747681.md
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Source location: Title 32, Chapter 3, § 313; chapter-003-personnel.md

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**(a)** 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. **(b)** To be eligible for appointment as an officer of the National Guard, a person must— (1) be a citizen of the United States; and (2) be at least 18 years of age and under 64.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 246 — Militia: composition and classes

**(a)** The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in [section 313 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section313&num=0&edition=prelim), under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard. **(b)** The classes of the militia are— (1) the organized militia, which consists of the National Guard and the Naval Militia; and (2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 313 — Appointments and enlistments: age limita-

Page 23 TITLE 32—NATIONAL GUARD § 314 SUSPENSION OF THIS SECTION For authority of the President to suspend this sec- tion in time of war or emergency declared by Congress, see section 111 of this title. § 312. Appointment oath Each person who is appointed as an officer of the National Guard shall subscribe to the fol- lowing oath: ‘‘I, llllll, do solemnly swear (or af- firm) that I will support and defend the Con- stitution of the United States and the Con- stitution of the State of llllll against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of llllll, that I make this obliga- tion freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of llll in the National Guard of the State of llllll upon which I am about to enter, so help me God.’’ (Aug. 10, 1956, ch. 1041, 70A Stat. 603.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 312 .......... 32:112. June 3, 1916, ch. 134, § 73 (1st par.); restated June 15, 1933, ch. 87, § 11 (1st par.), 48 Stat. 157; July 9, 1952, ch. 608, § 806(c), 66 Stat. 507. The words ‘‘Each person who is appointed as an’’ are inserted for clarity. § 313. Appointments and enlistments: age limita- tions (a) 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. (b) To be eligible for appointment a

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