32 U.S.C. § 325 — Relief from National Guard duty when or-

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of the Army National Guard who is discharged under section 3820(c) of title 10 for failure of promotion shall be withdrawn on the date of that discharge.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10, or who is found to be not qualified for Federal recognition under sec- tion 8368(d) or (e) of title 10, shall be withdrawn.’’ 1958—Subsec.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. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by section 33(c)(2) of Pub. L. 85–861 effec- tive Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of Title 10, Armed Forces. SUSPENSION OF SUBSECTION (d) OF THIS SECTION For authority of the President to suspend subsec. (d) of this section in time of war or emergency declared by Congress, see section 111 of this title. § 324. Discharge of officers; termination of ap- pointment (a) An officer of the National Guard shall be discharged when— (1) he becomes 64 years of age; or (2) his Federal recognition is withdrawn. The official who would be authorized to appoint him shall give him a discharge certificate. (b) Subject to subsection (a), the appointment of an officer of the National Guard may be ter- minated or vacated as provided by the laws of the State of whose National Guard he is a mem- ber, 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. (c) Notwithstanding subsection (a)(1), an offi- cer of the National Guard serving as a chaplain, medical officer, dental officer, nurse, veteri- narian, Medical Service Corps officer, or bio- medical sciences officer may be retained, with the officer’s consent, until the date on which the officer becomes 68 years of age. (Aug. 10, 1956, ch. 1041, 70A Stat. 607; Pub. L. 100–456, div. A, title XII, § 1234(b)(6), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(5), Jan. 6, 2006, 119 Stat. 3441; Pub. L. 110–417, [div. A], title V, § 516(b), Oct. 14, 2008, 122 Stat. 4442; Pub. L. 111–383, div. A, title X, § 1075(h)(4)(C), Jan. 7, 2011, 124 Stat. 4377.) 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 man- ner as * * * shall provide by law’’. Editorial Notes AMENDMENTS 2011—Subsec. (b). Pub. L. 111–383 amended directory language of Pub. L. 109–163, § 1057(b)(5). See 2006 Amend- ment 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 Na- tional 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), 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. § 325. Relief from National Guard duty when or- dered to active duty (a) RELIEF REQUIRED.—(1) Except as provided in paragraph (2), each member of the Army Na- tional Guard of the United States or the Air Na- tional Guard of the United States who is ordered to active duty is relieved from duty in the Na- tional Guard of his State, or of the Common- wealth of Puerto Rico, Guam, or the Virgin Is- lands 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 Com- Page 28 TITLE 32—NATIONAL GUARD § 326 monwealth of Puerto Rico, Guam, or the Virgin Islands or the District of Columbia, under para- graph (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 Com- monwealth of Puerto Rico, Guam, or the Vir- gin 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 ad- vance for the purpose of establishing the succes- sion of command of a unit. (c) RETURN TO STATE STATUS.—So far as prac- ticable, 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. (Aug. 10, 1956, ch. 1041, 70A Stat. 607; Pub. L. 100–456, div. A, title XII, § 1234(b)(6), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 108–136, div. A, title V, § 516, Nov. 24, 2003, 117 Stat. 1461; Pub. L. 109–163, div. A, title X, § 1057(b)(6), Jan. 6, 2006, 119 Stat. 3442; Pub. L. 110–417, [div. A], title V, § 517, Oct. 14, 2008, 122 Stat. 4442.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 325(a) ...... 325(b) ...... 50:1120. 50:1122(b) (less last 17 words). July 9, 1952, ch. 608, §§ 710, 712(b) (less last 17 words), 66 Stat. 503, 504. In subsection (a), the words ‘‘in the service of the United States’’ are omitted as surplusage. The words ‘‘effective date of his order to active duty until he is re- lieved from that duty’’ are substituted for the words ‘‘active-duty date of the orders and for as long as they remain on active duty in the service of the United States’’. 50:1120 (last sentence) is omitted as surplus- age, since the persons involved are members of the Army or the Air Force. In subsection (b), the words ‘‘upon relief from that duty’’ are substituted for the words ‘‘upon being re- lieved from active duty’’. The words ‘‘their National Guard status’’ are substituted for the words ‘‘to the Na- tional Guard and Air National Guard in their respec- tive States, Territories, and the District of Columbia’’. Editorial Notes AMENDMENTS 2008—Subsec. (a)(2). Pub. L. 110–417, § 517(a), struck out ‘‘in command of a National Guard unit’’ after ‘‘ac- tive duty’’ in introductory provisions. Subsecs. (b), (c). Pub. L. 110–417, § 517(b), added subsec. (b) and redesignated former subsec. (b) as (c). 2006—Subsec. (a). Pub. L. 109–163 substituted ‘‘State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands’’ for ‘‘State or Territory, or of Puerto Rico’’ in par. (1) and introductory provisions of par. (2) and ‘‘State or Territory or Puerto Rico’’ in par. (2)(B). 2003—Subsec. (a). Pub. L. 108–136, § 516(a), substituted ‘‘(a) RELIEF REQUIRED.—(1) Except as provided in para- graph (2), each’’ for ‘‘(a) Each’’ and added par. (2). Subsec. (b). Pub. L. 108–136, § 516(b), inserted heading. 1988—Subsec. (a). Pub. L. 100–456 struck out ‘‘, the Canal Zone,’’ after ‘‘Puerto Rico’’. Executive Documents DELEGATION OF FUNCTIONS Functions and authority of President under this sec- tion delegated to the Secretary of Defense, see Memo- randum of President of the United States, Apr. 14, 2011, 76 F.R. 22003, set out as a note under section 315 of this title. NATIONAL GUARD SUPPORT FOR 2004 DEMOCRATIC AND RE- PUBLICAN NATIONAL CONVENTIONS AND OTHER APPRO- PRIATE EVENTS Memorandum of President of the United States, July 23, 2004, 69 F.R. 46397, which delegated to the Secretary of Defense the functions and authority of the President under this section, was superseded by Memorandum of President of the United States, Apr. 14, 2011, 69 F.R. 22003, set out as a note under section 315 of this title. § 326. Courts-martial of National Guard not in Federal service: composition, jurisdiction, and procedures In the National Guard not in Federal service, there are general, special, and summary courts- martial constituted like similar courts of the Army and the Air Force. They have the jurisdic- tion and powers, except as to punishments, and shall follow the forms and procedures, provided for those courts. Punishments shall be as pro- vided by the laws of the respective States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. (Aug. 10, 1956, ch. 1041, 70A Stat. 608; Pub. L. 107–314, div. A, title V, § 512(a), Dec. 2, 2002, 116 Stat. 2537; Pub. L. 109–163, div. A, title X, § 1057(b)(7), Jan. 6, 2006, 119 Stat. 3442.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 326 .......... 32:91. June 3, 1916, ch. 134, § 102, 39 Stat. 208. The words ‘‘not in Federal service’’ are substituted for the words ‘‘Except in organizations in the service of the United States’’. The words ‘‘have the jurisdiction and powers’’ are substituted for the words ‘‘and have cognizance of the same subjects, and possess like pow- ers’’. The words ‘‘of three kinds, namely’’, ‘‘provided for by the laws and regulations governing’’, ‘‘pro- ceedings of courts-martial of the National Guard’’, and ‘‘modes of’’ are omitted as surplusage. Editorial Notes AMENDMENTS 2006—Pub. L. 109–163 substituted ‘‘States, the Com- monwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands’’ for ‘‘States and Terri- tories, Puerto Rico, and the District of Columbia’’. 2002—Pub. L. 107–314 inserted at end ‘‘Punishments shall be as provided by the laws of the respective States and Territories, Puerto Rico, and the District of Co- lumbia.’’ § 327. Courts-martial of National Guard not in Federal service: convening authority (a) In the National Guard not in Federal serv- ice, general, special, and summary courts-mar- tial may be convened as provided by the laws of