US Supreme Court Decisions On-Line | US Laws

§ 324. —  Discharge of officers; termination of appointment.

[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 32USC324]

                        TITLE 32--NATIONAL GUARD
                          CHAPTER 3--PERSONNEL
Sec. 324. Discharge of officers; termination of appointment

    (a) An officer of the National Guard shall be discharged when--
        (1) he becomes 64 years of age; or
        (2) his Federal recognition is withdrawn.

The official who would be authorized to appoint him shall give him a 
discharge certificate.
    (b) Subject to subsection (a), the appointment of an officer of the 
National Guard may be terminated or vacated as provided by the laws of 
the State or Territory of whose National Guard he is a member, or by the 
laws of Puerto Rico or the District of Columbia, if he is a member of 
its National Guard.

(Aug. 10, 1956, ch. 1041, 70A Stat. 607; Pub. L. 100-456, div. A, title 
XII, Sec. 1234(b)(6), Sept. 29, 1988, 102 Stat. 2059.)

                                          Historical and Revision Notes
            Revised section                      Source (U.S. Code)               Source (Statutes at Large)
324(a)................................  32:114 (less 1st sentence).          June 3, 1916, ch. 134, Sec.  77;
324(b)................................  32:114 (1st sentence).                restated June 15, 1933, ch. 87,
                                                                              Sec.  14; restated June 19, 1935,
                                                                              ch. 277, Sec.  4, 49 Stat. 391;
                                                                              July 9, 1952, ch. 608, Sec.  803
                                                                              (11th par.), 66 Stat. 505.

    In subsection (a), the words ``shall be discharged'' are substituted 
for the words ``shall thereupon cease to be a member thereof'' since an 
official is required to give the officer a discharge certificate. The 
words ``becomes 64 years of age'' are substituted for the words ``upon 
reaching the age of sixty-four years''. The words ``his Federal 
recognition is withdrawn'' are substituted for the words ``When Federal 
recognition is withdrawn * * * as provided in section 115 of this 
    In subsection (b), the words ``Subject to subsection (a)'' are 
inserted for clarity. The words ``as provided by the laws'' are 
substituted for the words ``in such manner as * * * shall provide by 


    1988--Subsec. (b). Pub. L. 100-456 struck out ``, the Canal Zone,'' 
after ``Puerto Rico''.

                  Section Referred to in Other Sections

    This section is referred to in title 10 section 1370.