US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 502. —  Required drills and field exercises.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 32USC502]

 
                        TITLE 32--NATIONAL GUARD
 
                           CHAPTER 5--TRAINING
 
Sec. 502. Required drills and field exercises

    (a) Under regulations to be prescribed by the Secretary of the Army 
or the Secretary of the Air Force, as the case may be, each company, 
battery, squadron, and detachment of the National Guard, unless excused 
by the Secretary concerned, shall--
        (1) assemble for drill and instruction, including indoor target 
    practice, at least 48 times each year; and
        (2) participate in training at encampments, maneuvers, outdoor 
    target practice, or other exercises, at least 15 days each year.

However, no member of such unit who has served on active duty for one 
year or longer shall be required to participate in such training if the 
first day of such training period falls during the last one hundred and 
twenty days of his required membership in the National Guard.
    (b) An assembly for drill and instruction may consist of a single 
ordered formation of a company, battery, squadron, or detachment, or, 
when authorized by the Secretary concerned, a series of ordered 
formations of parts of those organizations. However, to have a series of 
formations credited as an assembly for drill and instruction, all parts 
of the unit must be included in the series within 90 consecutive days.
    (c) The total attendance at the series of formations constituting an 
assembly shall be counted as the attendance at that assembly for the 
required period. No member may be counted more than once or receive 
credit for more than one required period of attendance, regardless of 
the number of formations that he attends during the series constituting 
the assembly for the required period.
    (d) No organization may receive credit for an assembly for drill or 
indoor target practice unless--
        (1) the number of members present equals or exceeds the minimum 
    number prescribed by the President;
        (2) the period of military duty or instruction for which a 
    member is credited is at least one and one-half hours; and
        (3) the training is of the type prescribed by the Secretary 
    concerned.

    (e) An appropriately rated member of the National Guard who performs 
an aerial flight under competent orders may receive credit for attending 
drill for the purposes of this section, if the flight prevented him from 
attending a regularly scheduled drill.
    (f) Under regulations to be prescribed by the Secretary of the Army 
or Secretary of the Air Force, as the case may be, a member of the 
National Guard may--
        (1) without his consent, but with the pay and allowances 
    provided by law; or
        (2) with his consent, either with or without pay and allowances;

be ordered to perform training or other duty in addition to that 
prescribed under subsection (a). Duty without pay shall be considered 
for all purposes as if it were duty with pay.

(Aug. 10, 1956, ch. 1041, 70A Stat. 610; Pub. L. 88-621, Sec. 1(1), Oct. 
3, 1964, 78 Stat. 999; Pub. L. 90-168, Sec. 4, Dec. 1, 1967, 81 Stat. 
526; Pub. L. 92-156, title III, Sec. 303(b), Nov. 17, 1971, 85 Stat. 
425; Pub. L. 103-160, div. A, title V, Sec. 524(b), Nov. 30, 1993, 107 
Stat. 1657.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
            Revised section                      Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
502(a)................................  32:62 (1st sentence, less proviso).  June 3, 1916, ch. 134, Sec.  92;
                                        32:62 (proviso of 1st sentence).      restated June 3, 1924, ch. 244,
502(b)................................  32:62 (last sentence, less 1st, 2d,   Sec.  2; restated Oct. 14, 1940,
                                         and 3d provisos).                    ch. 875, Sec.  2, 54 Stat. 1135;
502(c)................................  32:62 (1st proviso of last            Mar. 25, 1948, ch. 157, Sec.
                                         sentence).                           5(a), 62 Stat. 90.

502(d)................................
502(e)................................  32:62 (2d and 3d provisos of last
                                         sentence).
----------------------------------------------------------------------------------------------------------------

    In subsection (a), the words ``including target practice'' and 
``such company, troop, battery, or detachment shall have been * * * from 
participation in any part thereof'' are omitted as surplusage.
    In subsections (a) and (b), the word ``troop'' is omitted as 
obsolete.
    In subsection (b), the words ``parts of those organizations'' are 
substituted for the words ``subdivisions or parts thereof''. The words 
``but in the latter case'', ``of subdivisions or groups'', 
``comprehend'', and ``the time limit of'' are omitted as surplusage.
    In subsection (c), the word ``member'' is substituted for the words 
``officer, warrant officer, or enlisted man''. The words ``series of 
formations'' are substituted for the words ``separate consecutive 
formations announced''. The words ``regardless of the number of 
formations that he attends during the series'' are substituted for the 
words ``even though he may have attended more than one of the 
formations''. The words ``sum'', ``actual military'', and ``of time'' 
are omitted as surplusage. 32:62 (4th proviso of last sentence) is 
omitted as superseded by section 683 of title 10. 32:62 (last proviso of 
last sentence) is omitted as superseded by section 501(b) of the Career 
Compensation Act of 1949, 63 Stat. 826 (37 U.S.C. 301(b)).
    In subsection (d), the word ``members'' is substituted for the words 
``officers and enlisted men''. The words ``for which a member is 
credited'' are substituted for the words ``participated in by each 
officer and enlisted man at each assembly at which he shall be credited 
as having been present''. The words ``for duty at such assembly'', 
``actual'', and ``character of'' are omitted as surplusage.
    In subsection (e), the word ``member'' is substituted for the words 
``officer or enlisted man''. The words ``Air Corps * * * assigned to an 
Air Corps unit thereof, or * * * an officer or enlisted man of the 
Medical Department of the said National Guard regularly attached to an 
Air Corps unit of the National Guard by appropriate authority'' are 
omitted, since the revised subsection applies only to members who 
perform flights under competent orders and who are thereby prevented 
from attending a regular drill.


                               Amendments

    1993--Subsec. (b). Pub. L. 103-160 substituted ``90 consecutive 
days'' for ``30 consecutive days'' in second sentence.
    1971--Subsec. (a). Pub. L. 92-156 inserted exception to training 
requirements where member served on active duty for one year or more if 
the training period falls during last one hundred and twenty days of 
required membership in National Guard.
    1967--Subsec. (b). Pub. L. 90-168 substituted 30 consecutive days 
for seven consecutive days of the same calendar month as the time within 
which all parts of the unit must be included in a series of formations 
in order to be credited as an assembly for drill and instruction.
    1964--Subsec. (f). Pub. L. 88-621 added subsec. (f).


                    Effective Date of 1967 Amendment

    Amendment by Pub. L. 90-168 effective first day of first calendar 
month following date of enactment of Pub. L. 90-168, which was approved 
Dec. 1, 1967, see section 7 of Pub. L. 90-168, set out as a note under 
section 138 of Title 10, Armed Forces.

                  Section Referred to in Other Sections

    This section is referred to in sections 101, 112, 509, 715 of this 
title; title 5 sections 5517, 6323; title 10 sections 101, 701, 1054, 
1063, 1089, 1208, 10143, 12011, 12012, 12310, 12602, 12732, 12733; title 
28 section 2671; title 38 sections 101, 1965, 4312; title 50 App. 
sections 456, 511.



chanrobles.com.Com


ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com