§ 303. — Active and inactive enlistments and transfers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 32USC303]
TITLE 32--NATIONAL GUARD
CHAPTER 3--PERSONNEL
Sec. 303. Active and inactive enlistments and transfers
(a) Under regulations to be prescribed by the Secretary of the Army,
a person qualified for enlistment 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 enlisted 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 National Guard. Under such regulations
as the Secretary of the Air Force may prescribe, an enlisted member of
the active Air National Guard, not formerly enlisted in the inactive Air
National 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
inactive National Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 601; Pub. L. 87-649, Sec. 14e(1),
Sept. 7, 1962, 76 Stat. 502; Pub. L. 96-513, title V, Sec. 515(2), Dec.
12, 1980, 94 Stat. 2937.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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303(a)................................ 32:132. June 3, 1916, ch. 134, Sec. 78
303(b)................................ 32:133 (less proviso). (1st and 2d sentences); restated
303(c)................................ 32:154 (1st 26 words of last par.). June 4, 1920, ch. 227, subch. I,
32:133 (proviso). Sec. 42 (less provisos); restated
303(d)................................ Feb. 28, 1925, ch. 371, Sec. 2
(1st and 2d sentences); restated
June 15, 1933, ch. 87, Sec. 15
(1st and 2d sentences), 48 Stat.
159; July 9, 1952, ch. 608, Sec.
806(f), 66 Stat. 507.
................................... June 3, 1916, ch. 134, Sec. 110
(1st 30 words of last par.);
restated Sept. 22, 1922, ch. 423,
Sec. 6 (1st 30 words of last
par.); restated May 12, 1928, ch.
529 (1st 30 words), 45 Stat. 500.
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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 * * * National
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.
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.
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 Allowances of the Uniformed Services.
