32 U.S.C. § 301 — Federal recognition of enlisted members

Page 17 TITLE 32—NATIONAL GUARD § 302 Sec. 305. Federal recognition of commissioned officers: persons eligible. 307. Federal recognition of officers: examination; certificate of eligibility. 308. Federal recognition of officers: temporary recognition. 309. Federal recognition of National Guard offi- cers: officers promoted to fill vacancies. 310. Federal recognition of National Guard offi- cers: automatic recognition. 312. Appointment oath. 313. Appointments and enlistments: age limita- tions. 314. Adjutants general. 315. Detail of regular members of Army and Air Force to duty with National Guard. 316. Detail of members of Army National Guard for rifle instruction of civilians. 317. Command during joint exercises with Federal troops. [318 to 321. Repealed.] 322. Discharge of enlisted members. 323. Withdrawal of Federal recognition. 324. Discharge of officers; termination of appoint- ment. 325. Relief from National Guard duty when or- dered to active duty. 326. Courts-martial of National Guard not in Fed- eral service: composition, jurisdiction, and procedures. 327. Courts-martial of National Guard not in Fed- eral service: convening authority. 328. Active Guard and Reserve duty: Governor’s authority. 329. Prohibition on private funding for interstate deployment. [330 to 335. Repealed.] Editorial Notes AMENDMENTS 2021—Pub. L. 117–81, div. A, title V, § 512(b), Dec. 27, 2021, 135 Stat. 1683, added item 329. 2006—Pub. L. 109–364, div. A, title V, § 526(b), Oct. 17, 2006, 120 Stat. 2196, added item 328. 2002—Pub. L. 107–314, div. A, title V, § 512(d), Dec. 2, 2002, 116 Stat. 2537, added item 327 and struck out former items 327 ‘‘General courts-martial of National Guard not in Federal service’’, 328 ‘‘Special courts-mar- tial of National Guard not in Federal service’’, 329 ‘‘Summary courts-martial of National Guard not in Federal service’’, 330 ‘‘Confinement instead of fine’’, 331 ‘‘Dismissal or dishonorable discharge’’, 332 ‘‘Compelling attendance of accused and witnesses’’, and 333 ‘‘Execu- tion of process and sentence’’. 1994—Pub. L. 103–337, div. A, title XVI, § 1676(a)(4), Oct. 5, 1994, 108 Stat. 3019, substituted ‘‘National Guard officers:’’ for ‘‘officers: Army National Guard;’’ in items 309 and 310. 1986—Pub. L. 99–661, div. A, title VI, § 604(f)(2)(B), Nov. 14, 1986, 100 Stat. 3878, struck out item 318 ‘‘Compensa- tion for disablement during training’’, item 319 ‘‘Com- pensation for disablement during training when not covered by section 318 of this title’’, item 320 ‘‘Hos- pitalization: when Secretary may require’’, and item 321 ‘‘Death gratuity’’. 1984—Pub. L. 98–525, title IV, § 414(b)(2)(B), Oct. 19, 1984, 98 Stat. 2519, struck out item 335 ‘‘Status of cer- tain members performing full-time duty’’. 1983—Pub. L. 98–94, title V, § 504(b)(2), Sept. 24, 1983, 97 Stat. 632, added item 335. 1981—Pub. L. 97–124, § 3, Dec. 29, 1981, 95 Stat. 1666, struck out item 334 ‘‘Payment of malpractice liability of National Guard Medical personnel’’. 1980—Pub. L. 96–513, title V, § 515(1), Dec. 12, 1980, 94 Stat. 2937, inserted ‘‘of officers’’ after ‘‘recognition’’ in item 307. 1976—Pub. L. 94–464, § 2(c), Oct. 8, 1976, 90 Stat. 1988, added item 334. 1961—Pub. L. 87–378, § 5(2), Oct. 4, 1961, 75 Stat. 808, in- serted ‘‘, reenlistments, and extensions’’ in item 302. 1958—Pub. L. 85–861, § 2(8), Sept. 2, 1958, 72 Stat. 1544, added items 309 and 310. Statutory Notes and Related Subsidiaries REMOVAL OF RESTRICTIONS ON THE TRANSFER OF OFFI- CERS BETWEEN THE ACTIVE AND INACTIVE NATIONAL GUARD Pub. L. 113–66, div. A, title V, § 512, Dec. 26, 2013, 127 Stat. 752, as amended by Pub. L. 114–328, div. A, title V, § 514, Dec. 23, 2016, 130 Stat. 2113, provided that: ‘‘(a) ARMY NATIONAL GUARD.—During the period end- ing on December 31, 2019, under regulations prescribed by the Secretary of the Army: ‘‘(1) An officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard may be transferred from the active Army National Guard to the inactive Army National Guard. ‘‘(2) An officer of the Army National Guard trans- ferred to the inactive Army National Guard pursuant to paragraph (1) may be transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit. ‘‘(b) AIR NATIONAL GUARD.—During the period ending on December 31, 2019, under regulations prescribed by the Secretary of the Air Force: ‘‘(1) An officer of the Air National Guard who fills a vacancy in a federally recognized unit of the Air National Guard may be transferred from the active Air National Guard to the inactive Air National Guard. ‘‘(2) An officer of the Air National Guard trans- ferred to the inactive Air National Guard pursuant to paragraph (1) may be transferred from the inactive Air National Guard to the active Air National Guard to fill a vacancy in a federally recognized unit.’’ § 301. Federal recognition of enlisted members To be eligible for Federal recognition as an en- listed member of the National Guard, a person must have the qualifications prescribed by the Secretary concerned for the grade, branch, posi- tion, and type of unit or organization involved. He becomes federally recognized upon enlisting in a federally recognized unit or organization of the National Guard. (Aug. 10, 1956, ch. 1041, 70A Stat. 601.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 301 .......... 50:1113(a) (as applicable to enlisted members). July 9, 1952, ch. 608, § 703(a) (as applicable to enlisted members), 66 Stat. 502. § 302. Enlistments, reenlistments, and extensions (a) Under regulations to be prescribed by the Secretary concerned, original enlistments in the National Guard may be accepted for— (1) any specified term, not less than three years, for persons who have not served in an armed force; or (2) any specified term, not less than one year, for persons who have served in any armed force. (b) Under regulations to be prescribed by the Secretary concerned, reenlistment in the Na- tional Guard may be accepted for any specified period, or, if the person last served in one of the highest five enlisted grades, for an unspecified period.