FEDERAL · 32 U.S.C. · Chapter 3

Discharge of enlisted members

32 U.S.C. § 322
Title32National Guard
Chapter3 — PERSONNEL

This text of 32 U.S.C. § 322 (Discharge of enlisted members) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
32 U.S.C. § 322.

Text

(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(2)his Federal recognition is withdrawn.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.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kise v. Department of Military & Veterans Affairs
784 A.2d 253 (Commonwealth Court of Pennsylvania, 2001)
4 case citations
Abbott v. Biden
70 F.4th 817 (Fifth Circuit, 2023)
3 case citations
Farmer v. Mabus
757 F. Supp. 1462 (S.D. Mississippi, 1991)
1 case citations
Dillon v. Mississippi, Military Department, Army National Guard
827 F. Supp. 1258 (S.D. Mississippi, 1993)
1 case citations
Dillon v. STATE OF MISS., MILITARY DEPT.
827 F. Supp. 1258 (S.D. Mississippi, 1993)

Source Credit

History

(Aug. 10, 1956, ch. 1041, 70A Stat. 606.)

Editorial Notes

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".

Cite This Page — Counsel Stack

Bluebook (online)
32 U.S.C. § 322, Counsel Stack Legal Research, https://law.counselstack.com/usc/32/322.