32 U.S.C. § 315 — Detail of regular members of Army and Air

Page 24 TITLE 32—NATIONAL GUARD § 315 In subsection (a), the word ‘‘appointed’’ is omitted, since the position is not filled by appointment in some cases. The Act of January 21, 1903, ch. 196, § 12 (last 48 words of 1st sentence) are not contained in 32:11. They are also omitted from the revised section as covered by subsection (d) of this section. In subsection (b), the word ‘‘grade’’ is substituted for the word ‘‘rank’’. The words ‘‘To be eligible for ap- pointment as * * * a person must be’’ are substituted for the words ‘‘each * * * shall be’’. The words ‘‘of that jurisdiction’’ are substituted for the words ‘‘of the Ter- ritory for which he is appointed’’. In subsection (c), the word ‘‘Regular’’ is inserted as an implication of 10:998 (last 2 words). The words ‘‘com- manding general’’ are substituted for the words ‘‘briga- dier general commanding’’, since the commanding gen- eral might hold another grade. The words ‘‘basic pay’’ are substituted for the words ‘‘active service pay’’ to conform to section 201 of the Career Compensation Act of 1949, 63 Stat. 805 (37 U.S.C. 232). The word ‘‘grade’’ is substituted for the word ‘‘rank’’. In subsection (d), the words ‘‘at such times and in such form’’ are omitted as covered by the words ‘‘such returns and reports as the Secretary * * * may pre- scribe’’. Editorial Notes AMENDMENTS 2006—Subsecs. (a), (d). Pub. L. 109–163 substituted ‘‘State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands’’ for ‘‘State and Territory, Puerto Rico, and the District of Colum- bia’’. 1991—Subsec. (b). Pub. L. 102–190 struck out ‘‘each Territory and’’ before ‘‘the District of Columbia’’ in first sentence, and struck out at end ‘‘To be eligible for appointment as adjutant general of a Territory, a per- son must be a citizen of that jurisdiction.’’ 1990—Subsec. (d). Pub. L. 101–510 struck out at end ‘‘Each Secretary shall send with his annual report to Congress an abstract of the returns and reports of the adjutants general and such comments as he considers necessary for the information of Congress.’’ 1988—Subsec. (a). Pub. L. 100–456, § 1234(b)(1), struck out ‘‘the Canal Zone,’’ after ‘‘Puerto Rico,’’. Subsec. (b). Pub. L. 100–456, § 1234(b)(5), struck out ‘‘, the Canal Zone,’’ after ‘‘each Territory’’ and ‘‘or the Canal Zone’’ after ‘‘a Territory’’. Subsec. (d). Pub. L. 100–456, § 1234(b)(1), struck out ‘‘the Canal Zone,’’ after ‘‘Puerto Rico,’’. 1958—Subsec. (b). Pub. L. 85–894 struck out ‘‘Puerto Rico’’ in two places. § 315. Detail of regular members of Army and Air Force to duty with National Guard (a) The Secretary of the Army shall detail commissioned officers of the Regular Army to duty with the Army National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Is- lands. The Secretary of the Air Force shall de- tail commissioned officers of the Regular Air Force to duty with the Air National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. With the permission of the President, an officer so detailed may accept a commission in the Army National Guard or the Air National Guard, as the case may be, terminable in the President’s discretion, without prejudicing his rank and without vacating his regular appoint- ment. (b) The Secretary of the Army may detail en- listed members of the Regular Army for duty with the Army National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands. The Secretary of the Air Force may detail enlisted members of the Regular Air Force for duty with the Air National Guard of each State, the Com- monwealth of Puerto Rico, the District of Co- lumbia, Guam, and the Virgin Islands. (Aug. 10, 1956, ch. 1041, 70A Stat. 604; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109–163, div. A, title X, § 1057(b)(2), Jan. 6, 2006, 119 Stat. 3441.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 315(a) ...... 315(b) ...... 32:68 (less 2d sentence). 32:69. 32:68 (2d sentence). June 3, 1916, ch. 134, § 100, 39 Stat. 208. In subsection (a), 32:68 (last sentence) is omitted as surplusage, since positive provisions relating to the as- signment or detail of retired officers to that duty are covered by section 3504(a) or 8504(a) of title 10. The words ‘‘of the active list’’, in 32:68, are omitted for the same reason. The words ‘‘so detailed’’ are substituted for the words ‘‘detailed under section 68 of this title’’, in 32:69. The words ‘‘relative or lineal’’, in 32:69, are omitted as surplusage. Editorial Notes AMENDMENTS 2006—Pub. L. 109–163 substituted ‘‘State, the Com- monwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands’’ for ‘‘State and Terri- tory, Puerto Rico, and the District of Columbia’’ wher- ever appearing. 1988—Subsecs. (a), (b). Pub. L. 100–456 struck out ‘‘the Canal Zone,’’ after ‘‘Puerto Rico,’’. Executive Documents DELEGATION OF FUNCTIONS AND AUTHORITY UNDER SECTIONS 315 AND 325 OF TITLE 32, UNITED STATES CODE Memorandum of President of the United States, Apr. 14, 2011, 76 F.R. 22003, provided: Memorandum for the Secretary of Defense By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to you: (a) the functions and authority of the President contained in section 315 of title 32, United States Code, to permit a commissioned officer of the Regular Army or Regular Air Force to ac- cept a commission in the Army National Guard or the Air National Guard, as the case may be, terminable at your discretion, without prejudicing his or her rank and without vacating his or her regular appointment; and (b) the functions and authority of the President contained in section 325 of title 32, United States Code, to authorize the service of an officer of the Army Na- tional Guard or the Air National Guard on active duty without relieving that officer from duty in the Na- tional Guard of his or her State, or of the Common- wealth of Puerto Rico, Guam, or the United States Vir- gin Islands, or the District of Columbia and to give such authorization in advance for the purpose of estab- lishing the succession of command of a unit. This delegation of functions and authority supersedes and replaces the July 23, 2004, delegation to the Sec- retary of Defense of the functions and authority of the President contained in section 325 of title 32, United States Code. You are further authorized and directed to make nec- essary arrangements to fund the exercise of these func- tions and authority from the proper appropriation, pre- Page 25 TITLE 32—NATIONAL GUARD § 322 scribe regulations to implement these functions and authority, and to publish this memorandum in the Fed- eral Register. BARACK OBAMA. § 316. Detail of members of Army National Guard for rifle instruction of civilians The President may detail officers and non- commissioned officers of the Army National Guard to duty as instructors at rifle ranges for the training of civilians in the use of military arms. (Aug. 10, 1956, ch. 1041, 70A Stat. 605.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 316 .......... 32:183. June 3, 1916, ch. 134, § 113 (3d sentence), 39 Stat. 211. The word ‘‘civilians’’ is substituted for the word ‘‘citizenry’’. The word ‘‘capable’’ is omitted as surplus- age. § 317. Command during joint exercises with Fed- eral troops When any part of the National Guard that is not in Federal service participates in an en- campment, maneuver, or other exercise for in- struction, together with troops in Federal serv- ice, the command of the post, air base, or other place where it is held, and of the troops in Fed- eral service on duty there, remains with the offi- cers in Federal service who command that place and the Federal troops on duty there, without regard to the rank of the officers of the National Guard not in Federal service who are tempo- rarily participating in the exercise. (Aug. 10, 1956, ch. 1041, 70A Stat. 605.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 317 .......... 32:72. June 3, 1916, ch. 134, § 95, 39 Stat. 207. The words ‘‘not in Federal service’’ are inserted to show that the revised section applies only to joint exer- cises involving National Guard troops not in Federal service, since 32:72 was enacted before the establish- ment of the National Guard of the United States, in 1933. The words ‘‘troops in Federal service’’ are sub- stituted for the words ‘‘troops of the United States’’. The words ‘‘officers in Federal service who command’’ are substituted for the words ‘‘commander of the United States troops’’. The words ‘‘post, air base, or other place’’ are substituted for the words ‘‘military post, or reservation, or elsewhere’’. The words ‘‘that place and the Federal troops on duty there’’ are sub- stituted for the words ‘‘there or elsewhere’’ The words ‘‘including outdoor target practice’’ and ‘‘field and coast defense instruction’’ are omitted as surplusage. Statutory Notes and Related Subsidiaries USUAL AND CUSTOMARY ARRANGEMENT Pub. L. 112–81, div. A, title V, § 515(c), Dec. 31, 2011, 125 Stat. 1395, provided that: ‘‘(1) DUAL-STATUS COMMANDER.—When the Armed Forces and the National Guard are employed simulta- neously in support of civil authorities in the United States, appointment of a commissioned officer as a dual-status commander serving on active duty and duty in, or with, the National Guard of a State under sections 315 or 325 of title 32, United States Code, as commander of Federal forces by Federal authorities and as commander of State National Guard forces by State authorities, should be the usual and customary command and control arrangement, including for mis- sions involving a major disaster or emergency as those terms are defined in section 102 of the Robert T. Staf- ford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). The chain of command for the Armed Forces shall remain in accordance with sections 162(b) and 164(c) of title 10, United States Code. ‘‘(2) STATE AUTHORITIES SUPPORTED.—When a major disaster or emergency occurs in any area subject to the laws of any State, Territory, or the District of Colum- bia, the Governor of the State affected normally should be the principal civil authority supported by the pri- mary Federal agency and its supporting Federal enti- ties, and the Adjutant General of the State or his or her subordinate designee normally should be the prin- cipal military authority supported by the dual-status commander when acting in his or her State capacity. ‘‘(3) RULE OF CONSTRUCTION.—Nothing in paragraphs (1) or (2) shall be construed to preclude or limit, in any way, the authorities of the President, the Secretary of Defense, or the Governor of any State to direct, con- trol, and prescribe command and control arrangements for forces under their command.’’ [§§ 318 to 321. Repealed. Pub. L. 99–661, div. A, title VI, § 604(f)(2)(A), Nov. 14, 1986, 100 Stat. 3878] Section 318, acts Aug. 10, 1956, ch. 1041, 70A Stat. 605; Sept. 2, 1958, Pub. L. 85–861, § 33(c)(1), 72 Stat. 1567; Sept. 7, 1962, Pub. L. 87–649, § 8(a), 76 Stat. 495, related to com- pensation for members of National Guard for disable- ment during training. Section 319, act Aug. 10, 1956, ch. 1041, 70A Stat. 605, related to compensation for members of National Guard for disablement during training when not cov- ered by section 318 of this title. Section 320, act Aug. 10, 1956, ch. 1041, 70A Stat. 606, related to hospitalization ordered by Secretary of Army or Air Force for members of National Guard. Section 321, acts Aug. 10, 1956, ch. 1041, 70A Stat. 606; Sept. 2, 1958, Pub. L. 85–861, § 2(10), 72 Stat. 1544; Sept. 7, 1962, Pub. L. 87–649, § 8(b), 76 Stat. 495, related to death gratuities for members of National Guard. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal applicable with respect to persons who, after Nov. 14, 1986, incur or aggravate an injury, illness, or disease or die, see section 604(g) of Pub. L. 99–661, set out as an Effective Date of 1986 Amendment note under section 1074a of Title 10, Armed Forces. § 322. Discharge of enlisted members (a) An enlisted member of the National Guard shall be discharged when— (1) he becomes 64 years of age; or (2) his Federal recognition is withdrawn. (b) An enlisted member who is discharged from the National Guard is entitled to a discharge certificate similar in form and classification to the corresponding certificate prescribed for members of the Regular Army or the Regular Air Force, as the case may be. (c) In time of peace, an enlisted member of the National Guard may be discharged before his en- listment expires, under such regulations as may be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be.