§ 324. Discharge of officers; termination of appointment

512 words·~2 min read·/usc/title-32/section-324

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(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(2)his Federal recognition is withdrawn.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 terminated or vacated as provided by the laws of the 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 National Guard he is a member.

(c)Notwithstanding subsection (a)(1), an officer of the National Guard serving as a chaplain, medical officer, dental officer, nurse, veterinarian, Medical Service Corps officer, or biomedical 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.)

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 The words “his Federal recognition is withdrawn” are substituted for the words “When Federal recognition is withdrawn * * * as provided in section 115 of this title”.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 manner as * * * shall provide by law”.

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Cited by 4 sections

U.S. Code

statutes-at-large

Public Law 111–383
To authorize appropriations for fiscal year 2011 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes

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U.S. Code

Funeral honors duty performed as a Federal function
§ 115

15 references not yet in our index

Aug. 10, 1956, ch. 1041
70A Stat. 607
Pub. L. 100–456, div. A, title XII, § 1234(b)(6)
102 Stat. 2059
Pub. L. 109–163, div. A, title X, § 1057(b)(5)
119 Stat. 3441
Pub. L. 110–417
122 Stat. 4442
Pub. L. 111–383, div. A, title X, § 1075(h)(4)(C)
124 Stat. 4377
Pub. L. 111–383
Pub. L. 109–163, § 1057(b)(5)
Pub. L. 100–456
Pub. L. 111–383, div. A, title X, § 1075(h)
Pub. L. 109–163

Citation graph

cites case law

§ 324

Discharge of officers; termination of appointment

U.S.C.×3

Stat.×1

U.S.C.§ 115

ActAug. 10, 1956, ch. 1041

Stat.70A Stat. 607

Pub. L.Pub. L. 100–456, div. A, title XII, § 1234(b)(6)

Stat.102 Stat. 2059

Pub. L.Pub. L. 109–163, div. A, title X, § 1057(b)(5)

Cites 16 · showing 6Cited by 4 across 2 sources