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32 U.S.C. § 314 — Adjutants general
Federal law — U.S. Code and appendices · legal_authorities
**(a)** There shall be an adjutant general in each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. He shall perform the duties prescribed by the laws of that jurisdiction.
**(b)** The President shall appoint the adjutant general of the District of Columbia and prescribe his grade and qualifications.
**(c)** The President may detail as adjutant general of the District of Columbia any retired commissioned officer of the Regular Army or the Regular Air Force recommended for that detail by the commanding general of the District of Columbia National Guard. An officer detailed under this subsection is entitled to the basic pay and allowances of his grade.
**(d)** The adjutant general of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands, and officers of the National Guard, shall make such returns and reports as the Secretary of the Army or the Secretary of the Air Force may prescribe, and shall make those returns and reports to the Secretary concerned or to any officer designated by him.
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Source file: Laws/federal/codes/united-states-code/title-32/section-314-adjutants-general--6c14931d39.md
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Source location: Title 32, Chapter 3, § 314; chapter-003-personnel.md
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**(a)** There shall be an adjutant general in each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. He shall perform the duties prescribed by the laws of that jurisdiction.
**(b)** The President shall appoint the adjutant general of the District of Columbia and prescribe his grade and qualifications.
**(c)** The President may detail as adjutant general of the District of Columbia any retired commissioned officer of the Regular Army or the Regular Air Force recommended for that detail by the commanding general of the District of Columbia National Guard. An officer detailed under this subsection is entitled to the basic pay and allowances of his grade.
**(d)** The adjutant general of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands, and officers of the National Guard, shall make such returns and reports as the Secretary of the Army or the Secretary of the Air Force may prescribe, and shall make those returns and reports to the Secretary concerned or to any officer designated by him.
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Federal law — U.S. Code and appendices · legal_authorities
The reserve components of the armed forces are:
(1) The Army National Guard of the United States.
(2) The Army Reserve.
(3) The Navy Reserve.
(4) The Marine Corps Reserve.
(5) The Air National Guard of the United States.
(6) The Air Force Reserve.
(7) The Coast Guard Reserve.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Manpower Requirements of National Guard Bureau.—** The manpower requirements of the National Guard Bureau as a joint activity of the Department of Defense shall be determined in accordance with regulations prescribed by the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff.
**(b) Personnel for Functions of National Guard Bureau.—**
(1) **In general.—** — The Chief of the National Guard Bureau may program for, appoint, employ, administer, detail, and assign persons under sections 2102, 2103, 2105, and 3101 of title 5, subchapter IV of chapter 53 of title 5, or [section 328 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section328&num=0&edition=prelim), within the National Guard Bureau and the National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands to execute the functions of the National Guard Bureau and the missions of the National Guard, and missions as assigned by the Chief of the National Guard Bureau.
(2) **Administration through adjutants general.—** — The Chief of the National Guard Bureau may designate the adjutants general referred to in [section 314 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section314&num=0&edition=prelim) to appoint, employ, and administer the National Guard employees authorized by this subsection.
(3) **Administrative actions.—** — Notwithstanding the Intergovernmental Personnel Act of 1970 ([42 U.S.C. 4701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4701&num=0&edition=prelim) et seq.) and under regulations prescribed by the Chief of the National Guard Bureau, all personnel actions or conditions of employment, including adverse act
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10508
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The monthly retired pay of a person entitled to that pay under this chapter is the product of—
(1) the retired pay base for that person as computed under section 1406(b)(2) or 1407 of this title; and
(2) 2½ percent of the years of service credited to that person under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12733&num=0&edition=prelim).
**(b)** If a person entitled to retired pay under this chapter has been credited by the Secretary concerned with extraordinary heroism in the line of duty and if the highest grade held satisfactorily by that person at any time in the armed forces is an enlisted grade, the person’s retired pay shall be increased by 10 percent of the amount determined under subsection (a). The Secretary’s determination as to extraordinary heroism is conclusive for all purposes.
**(c)**
(1) Except as provided in paragraph (2), the total amount of the monthly retired pay computed under subsections (a) and (b) may not exceed 75 percent of the retired pay base upon which the computation is based.
(2) In the case of a person who retires after December 31, 2006, with more than 30 years of service credited to that person under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12733&num=0&edition=prelim), the total amount of the monthly retired pay computed under subsections (a) and (b) may not exceed the sum of—
(A) 75 percent of the retired pay base upon which the computation is based; and
(B) the product of—
(i) the retired pay base upon which the computation is based; and
(ii) 2½ percent of the years of service credited to that person under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=gr
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12739
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to Elect to Receive Reserve Retired Pay.—**
(1) Notwithstanding the requirement in paragraph (4) of [section 12731(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731/a&num=0&edition=prelim) that a person may not receive retired pay under this chapter when the person is entitled, under any other provision of law, to retired pay or retainer pay, a person may elect to receive retired pay under this chapter, instead of receiving retired or retainer pay under chapter 65, 741, 841, or 941 of this title, if the person—
(A) satisfies the requirements specified in paragraphs (1) and (2) of such section for entitlement to retired pay under this chapter;
(B) served in an active status in the Selected Reserve of the Ready Reserve after becoming eligible for retirement under chapter 65, 741, 841, or 941 of this title (without regard to whether the person actually retired or received retired or retainer pay under one of those chapters); and
(C) completed not less than two years of satisfactory service (as determined by the Secretary concerned) in such active status (excluding any period of active service).
(2) The Secretary concerned may reduce the minimum two-year service requirement specified in paragraph (1)(C) in the case of a person who—
(A) completed at least one year of service in a position of adjutant general required under [section 314 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section314&num=0&edition=prelim) or in a position of assistant adjutant general subordinate to such a position of adjutant general; and
(B) failed to complete the minimum years of service solely because the appointment of the person to such position was terminated or vacated as des
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12741
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grade on Transfer.—** Unless entitled to a higher grade under another provision of law, a reserve commissioned officer, other than a commissioned warrant officer, who is transferred to the Retired Reserve is entitled to be placed on the retired list established by [section 12774(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12774/a&num=0&edition=prelim) in the highest grade in which he served satisfactorily, as determined by the Secretary concerned and in accordance with [section 1370a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1370a&num=0&edition=prelim), in the armed force in which he is serving on the date of transfer.
**(b) Effect of Subsequent Recall to Active Status.—**
(1) If a member of the Retired Reserve who is a commissioned officer is recalled to an active status in the Selected Reserve of the Ready Reserve under [section 10145(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10145/d&num=0&edition=prelim) and completes not less than two years of service in such active status, the member is entitled to an adjustment in the retired grade of the member in the manner provided in [section 1370a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1370a&num=0&edition=prelim).
(2) The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who—
(A) is recalled to serve in a position of adjutant general required under [section 314 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section314&num=0&edition=prelim) or in a position of assistant adjutant general subordinate to such a position
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12771
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Retirement in Highest Grade Held Satisfactorily.—** Unless entitled to a different grade, or to credit for satisfactory service in a different grade under some other provision of law, a person who is entitled to retired pay under chapter 1223 of this title shall, upon application under [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim), be credited with satisfactory service in the highest permanent grade in which that person served satisfactorily at any time in the armed forces, as determined by the Secretary of the military department concerned in accordance with this section.
**(b) Service-in-grade Requirement for Officers in Grades Below O–5.—** In order to be credited with satisfactory service in an officer grade (other than a warrant officer grade) below the grade of lieutenant colonel or commander (in the case of the Navy), a person covered by subsection (a) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than six months.
**(c) Service-in-grade Requirement for Offices in Grades Above O–4.—**
(1) **In general.—** — In order to be credited with satisfactory service in an officer grade above major or lieutenant commander (in the case of the Navy), a person covered by subsection (a) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than three years.
(2) **Satisfaction of requirement by certain officers not completing three years.—** —
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1370a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under regulations prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, and subject to subsections (b) and (c), persons may be employed as technicians in—
(1) the organizing, administering, instructing, or training of the National Guard;
(2) the maintenance and repair of supplies issued to the National Guard or the armed forces; and
(3) the performance of the following additional duties to the extent that the performance of those duties does not interfere with the performance of the duties described by paragraphs (1) and (2):
(A) Support of operations or missions undertaken by the technician’s unit at the request of the President or the Secretary of Defense.
(B) Support of Federal training operations or Federal training missions assigned in whole or in part to the technician’s unit.
(C) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of—
(i) active-duty members of the armed forces;
(ii) members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training);
(iii) Department of Defense contractor personnel; or
(iv) Department of Defense civilian employees.
**(b)** Except as authorized in subsection (c), a person employed under subsection (a) must meet each of the following requirements:
(1) Be a military technician (dual status) as defined in [section 10216(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10216/a&num=0&edition=prelim).
(2) Be a member of the National Guard.
(3) Hold the military grade specified by the Secretary concerned for that position.
(4) While performing duties as a militar
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 709
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 32 U.S.C. § 314
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.