§ 322. — Discharge of enlisted members.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 32USC322]
TITLE 32--NATIONAL GUARD
CHAPTER 3--PERSONNEL
Sec. 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(2) his Federal recognition is withdrawn.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 enlistment 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 606.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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322(a)................................ 32:154 (last par., less 1st 26, and June 3, 1916, ch. 134, Sec. 72;
last 26, words). restated June 4, 1920, ch. 227,
322(b)................................ 32:125 (less last 27 words). subch. I, Sec. 40; restated June
322(c)................................ 32:125 (last 27 words). 15, 1933, ch. 87, Sec. 10, 48
Stat. 157; July 9, 1952, ch. 608,
Sec. 806(d), 66 Stat. 507.
................................... June 3, 1916, ch. 134, Sec. 110
(last par., less 1st 30, and last
25, words); restated Sept. 22,
1922, ch. 423, Sec. 6 (last par.,
less 1st 30, and last 137, words);
restated May 12, 1928, ch. 529
(less 1st 30, and last 25, words),
45 Stat. 500.
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Subsection (a) is substituted for 32:154 (last par., less 1st 26,
and last 26, words) to reflect an opinion of the Judge Advocate General
of the Army (JAGA 1953/9033, 3 Dec. 1953).
In subsection (b), the words ``is entitled to a discharge
certificate similar in form and classification to the corresponding
certificate'' are substituted for the words ``shall receive a discharge
in writing in such form and with such classification as is or shall
be''. The words ``service in'' are omitted as surplusage.
In subsection (c), the words ``his enlistment expires'' are
substituted for the words ``the expiration of terms of enlistment''.
