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§ 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        (2) his Federal recognition is withdrawn.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
----------------------------------------------------------------------------------------------------------------
            Revised section                      Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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''.



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