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§ 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
----------------------------------------------------------------------------------------------------------------
            Revised section                      Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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.



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