32 U.S.C. § 303 — Active and inactive enlistments and trans-

Page 18 TITLE 32—NATIONAL GUARD § 303 (c) Enlistments or reenlistments in the Na- tional Guard may be extended— (1) under regulations to be prescribed by the Secretary concerned, at the request of the member, for any period not less than six months; or (2) by proclamation of the President, if Con- gress declares an emergency, until six months after termination of that emergency. (Aug. 10, 1956, ch. 1041, 70A Stat. 601; Pub. L. 87–378, § 5(1), Oct. 4, 1961, 75 Stat. 808.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 302 .......... 32:124. June 3, 1916, ch. 134, § 69; restated July 11, 1919, ch. 8 (20th par. under ‘‘National Guard’’); re- stated June 4, 1920, ch. 227, subch. I, § 37; re- stated June 6, 1924, ch. 275, § 4; restated June 15, 1933, ch. 87, § 7, 48 Stat. 156; July 9, 1952, ch. 608, § 806(a), 66 Stat. 506. 32:124 (1st proviso) is omitted as executed. The word ‘‘reenlistments’’ is substituted for the words ‘‘subse- quent enlistments’’. Editorial Notes AMENDMENTS 1961—Pub. L. 87–378 permitted original enlistments for any specified term, not less than three years, for persons who have not served in an armed force, author- ized reenlistments for any specified period, or if the person last served in one of the highest five enlisted grades, for an unspecified period, extensions of enlist- ments or reenlistments at the request of the member for any period not less than six months after termi- nation of the emergency. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1961 AMENDMENT Pub. L. 87–378, § 6, Oct. 4, 1961, 75 Stat. 808, provided that: ‘‘The amendments made by sections 3, 4, and 5 of this Act [amending this section and sections 3261 and 8261 of Title 10, Armed Forces] shall not affect any en- listment, reenlistment, or appointment entered into or made before the effective date of this Act [Oct. 4, 1961].’’ § 303. Active and inactive enlistments and trans- fers (a) Under regulations to be prescribed by the Secretary of the Army, a person qualified for en- listment in the active Army National Guard may be enlisted in the inactive Army National Guard for a single term of one or three years. Under regulations prescribed by the Secretary of the Air Force, a person qualified for enlistment in the active Air National Guard may be en- listed in the inactive Air National Guard for a single term of one or three years. (b) Under such regulations as the Secretary of the Army may prescribe, an enlisted member of the active Army National Guard, not formerly enlisted in the inactive Army National Guard, may be transferred to the inactive Army Na- tional Guard. Under such regulations as the Sec- retary of the Air Force may prescribe, an en- listed member of the active Air National Guard, not formerly enlisted in the inactive Air Na- tional Guard, may be transferred to the inactive Air National Guard. Under such regulations as the Secretary concerned may prescribe, a person enlisted in or transferred to the inactive Army National Guard or the inactive Air National Guard may be transferred to the active Army National Guard or the active Air National Guard, as the case may be. (c) In time of peace, no enlisted member may be required to serve for a period longer than that for which he enlisted in the active or inac- tive National Guard. (Aug. 10, 1956, ch. 1041, 70A Stat. 601; Pub. L. 87–649, § 14e(1), Sept. 7, 1962, 76 Stat. 502; Pub. L. 96–513, title V, § 515(2), Dec. 12, 1980, 94 Stat. 2937.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 303(a) ...... 303(b) ...... 303(c) ...... 303(d) ...... 32:132. 32:133 (less proviso). 32:154 (1st 26 words of last par.). 32:133 (proviso). June 3, 1916, ch. 134, § 78 (1st and 2d sentences); restated June 4, 1920, ch. 227, subch. I, § 42 (less provisos); re- stated Feb. 28, 1925, ch. 371, § 2 (1st and 2d sen- tences); restated June 15, 1933, ch. 87, § 15 (1st and 2d sentences), 48 Stat. 159; July 9, 1952, ch. 608, § 806(f), 66 Stat. 507. June 3, 1916, ch. 134, § 110 (1st 30 words of last par.); restated Sept. 22, 1922, ch. 423, § 6 (1st 30 words of last par.); re- stated May 12, 1928, ch. 529 (1st 30 words), 45 Stat. 500. In subsection (a), 32:132 (last 23 words) is omitted as covered by section 304 of this title. In subsection (b), the words ‘‘Under such regulations as the Secretary may prescribe’’ are substituted for the word ‘‘likewise’’. In subsection (c), the words ‘‘in the inactive * * * Na- tional Guard’’ are substituted for the words ‘‘not on the active list’’, since there is no active list prescribed for the National Guard. In subsection (d), the words ‘‘under any enlistment’’ are omitted as surplusage. Editorial Notes AMENDMENTS 1980—Subsecs. (c), (d). Pub. L. 96–513 redesignated subsec. (d) as (c). 1962—Subsec. (c). Pub. L. 87–649 repealed subsec. (c) which provided that a person enlisted in inactive Army National Guard or inactive Air National Guard is not entitled to pay under section 301 of title 37. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87–649 effective Nov. 1, 1962, see section 15 of Pub. L. 87–649, set out as an Effective Date note preceding section 101 of Title 37, Pay and Al- lowances of the Uniformed Services. Page 19 TITLE 32—NATIONAL GUARD § 305 § 304. Enlistment oath Each person enlisting in the National Guard shall sign an enlistment contract and subscribe to the following oath: ‘‘I do hereby acknowledge to have volun- tarily enlisted this ll day of llll, 19l, in the llllll National Guard of the State of llllll for a period of ll year(s) under the conditions prescribed by law, unless soon- er discharged by proper authority. ‘‘I, llllllll, do solemnly swear (or af- firm) that I will support and defend the Con- stitution of the United States and of the State of llllll against all enemies, foreign and domestic; that I will bear true faith and alle- giance to them; and that I will obey the orders of the President of the United States and the Governor of llllll and the orders of the officers appointed over me, according to law and regulations. So help me God.’’ The oath may be taken before any officer of the National Guard of the State or Territory, or of Puerto Rico, or the District of Columbia, as the case may be, or before any other person author- ized by the law of the jurisdiction concerned to administer oaths of enlistment in the National Guard. (Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 87–751, § 2, Oct. 5, 1962, 76 Stat. 748; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 304 .......... 32:123. June 3, 1916, ch. 134, § 70; restated June 4, 1920, ch. 227, subch. I, § 38; restated June 15, 1933, ch. 87, § 8, 48 Stat. 156; June 19, 1935, ch. 277, § 3, 49 Stat. 391; July 9, 1952, ch. 608, § 806(b), 66 Stat. 506. The words ‘‘or affirmation’’ are omitted as covered by the definition of the word ‘‘oath’’ in section 1 of title 1. The words ‘‘Each person’’ are substituted for the word ‘‘Men’’. The words ‘‘llllll National Guard’’ are substituted for the words ‘‘National Guard (Air Na- tional Guard)’’. Editorial Notes AMENDMENTS 1988—Pub. L. 100–456 struck out ‘‘the Canal Zone,’’ after ‘‘Puerto Rico,’’. 1962—Pub. L. 87–751 substituted ‘‘support and defend the Constitution of the United States and of the State of llllll against all enemies, foreign and domes- tic; that I will bear true faith and allegiance to them’’ for ‘‘bear true faith and allegiance to the United States of America and to the State of llllll: That I will serve them honestly and faithfully against all their en- emies whomsoever’’ and inserted ‘‘So help me God.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87–751 not to effect any oath taken before one year after Oct. 5, 1962, see section 3 of Pub. L. 87–751, set out as a note under section 502 of Title 10, Armed Forces. § 305. Federal recognition of commissioned offi- cers: persons eligible (a) The following categories are eligible for Federal recognition as commissioned officers of the National Guard: (1) Members of the National Guard. (2) Members of the armed forces. (3) Former officers of the armed forces. (4) Former enlisted members of the armed forces who were discharged honorably or under honorable conditions. (5) Graduates of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the United States Coast Guard Academy, or the United States Merchant Marine Academy. (6) Graduates of a school, college, university, or officer’s training camp who received mili- tary instruction under the supervision of a commissioned officer of the Regular Army or the Regular Air Force, and whose fitness for appointment has been certified by that officer. (7) Civilians who are specially qualified for duty in a technical or staff branch or organiza- tion. (b) To be eligible for Federal recognition under this section with a view to serving as a nurse, a person must be a graduate of a hospital or uni- versity training school and a registered nurse. (Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 85–861, § 2(5), Sept. 2, 1958, 72 Stat. 1543; Pub. L. 90–130, § 2(1), Nov. 8, 1967, 81 Stat. 383; Pub. L. 108–375, div. A, title V, § 505, Oct. 28, 2004, 118 Stat. 1875; Pub. L. 111–383, div. A, title V, § 517, Jan. 7, 2011, 124 Stat. 4214.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 305 .......... 32:111 (less 37th through 54th words). June 3, 1916, ch. 134, § 74 (less 39th through 56th words); restated June 4, 1920, ch. 227, subch. I, § 41 (less 39th through 56th words), 41 Stat. 781. The word ‘‘individual’’ is inserted for clarity to dis- tinguish the individual Federal recognition that is nec- essary to membership as an officer from the general Federal recognition that is necessary to all member- ship in the National Guard (see section 301 of this title). The words ‘‘June 4, 1920’’ are omitted as obsolete. The words ‘‘Only persons selected from the following cat- egories are eligible for individual Federal recognition as commissioned officers’’ are substituted for the words ‘‘Persons commissioned * * * shall not be recognized as such under any of the provisions of this title unless they shall have been selected from the following class- es’’. In clause (2), the words ‘‘reserve officers’’ are omitted as covered by the words ‘‘members of the Army, Navy, Air Force, or Marine Corps’’. In clause (4), the words ‘‘under honorable conditions’’ are inserted for clarity. In clause (5), the words ‘‘the United States Air Force Academy’’ are inserted to reflect the establishment of that institution by the Air Force Academy Act (68 Stat. 47). In clause (7), the words ‘‘staff branch’’ are substituted for the words ‘‘Staff Corps and departments’’.