§ 313. — Appointments and enlistments: age limitations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 32USC313]
TITLE 32--NATIONAL GUARD
CHAPTER 3--PERSONNEL
Sec. 313. Appointments and enlistments: age limitations
(a) To be eligible for original enlistment in the National Guard, a
person must be at least 17 years of age and under 45, or under 64 years
of age and a former member of the Regular Army, Regular Navy, Regular
Air Force, or Regular Marine Corps. To be eligible for reenlistment, a
person must be under 64 years of age.
(b) To be eligible for appointment as an officer of the National
Guard, a person must--
(1) be a citizen of the United States; and
(2) be at least 18 years of age and under 64.
(Aug. 10, 1956, ch. 1041, 70A Stat. 604; Pub. L. 85-861, Sec. 2(9),
Sept. 2, 1958, 72 Stat. 1544; Pub. L. 90-130, Sec. 2(2), Nov. 8, 1967,
81 Stat. 383.)
Historical and Revision Notes
1956 Act
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Revised section Source (U.S. Code) Source (Statutes at Large)
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313(a)................................ 32:4 (less 22 words before June 3, 1916, ch. 134, Sec. 58;
proviso). restated Feb. 28, 1925, ch. 371,
313(b)................................ 32:4 (22 words before proviso). Sec. 1 (1st par.); restated June
15, 1933, ch. 87, Sec. 5 (1st
par.), 48 Stat. 155; June 19,
1935, ch. 277, Sec. 2, 49 Stat.
391; June 28, 1947, ch. 162, Sec.
7 (less applicability to Sec. 57
of the Act of June 3, 1916, ch.
134), 61 Stat. 192; July 9, 1952,
ch. 608, Secs. 803 (8th par.),
806(j), 66 Stat. 505, 508.
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In subsection (a), 32:4 (1st 19 words) is omitted as covered by
section 101(3) and (5) of this title. 32:4 (54th through 62d words) is
omitted as surplusage. The words ``under 64'' are substituted for the
words ``not more than sixty-four'' to conform to an opinion of the Judge
Advocate General of the Army (JAGA 1953/9033, 3 Dec. 1953). The word
``Regular'' is inserted before the words ``Navy'' and ``Marine Corps''.
The words ``Regular Air Force'' are inserted to complete the coverage of
the revised section. The word ``reenlistment'' is substituted for the
words ``subsequent enlistment''.
1958 Act
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Section of title 32 Source (U.S. Code) Source (Statutes at Large)
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313(b)................................ 32 App.:4 (as applicable to age). July 30, 1956, ch. 789, Sec. 2 (as
applicable to age), 70 Stat. 729.
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Amendments
1967--Subsec. (b)(3). Pub. L. 90-130 struck out cl. (3) which
inserted requirement that women appointed with a view to serving as a
nurse or medical specialist be at least 21 years of age and under 64
years of age in order to be eligible for appointment as an officer of
the National Guard.
1958--Subsec. (b). Pub. L. 85-861 inserted qualifications for
appointment of women with a view to serving as nurses or medical
specialists.
Section Referred to in Other Sections
This section is referred to in title 10 section 311.
