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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 32 U.S.C. § 322 Discharge of enlisted members us united_states_code code_section 32 NATIONAL GUARD 3 PERSONNEL 322 32 U.S.C. § 322 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc32@119-100.zip /us/usc/t32/s322 data/legal/raw/us/code/title-32/usc32.xml b44e972940de1706efdb04401b54c5cfe4516f4b58d6bbbde5b4e96d320ebfec 05d3a37f304c651e83ee524f8adc223131aae5a9d47924e35dbea35932adf29f fc0c7ac1f3adee0b47e072d7d6b341cb248738b348fec5134167edd81c632edb 2026-07-04 official
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32 U.S.C. § 322 - Discharge of enlisted members

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(2) his Federal recognition is withdrawn.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.

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

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 322(a)322(b)322(c)32:154 (last par., less 1st 26, and last 26, words).32:125 (less last 27 words).32:125 (last 27 words).June 3, 1916, ch. 134, § 72; restated June 4, 1920, ch. 227, subch. I, § 40; restated June 15, 1933, ch. 87, § 10, 48 Stat. 157; July 9, 1952, ch. 608, § 806(d), 66 Stat. 507.   June 3, 1916, ch. 134, § 110 (last par., less 1st 30, and last 25, words); restated Sept. 22, 1922, ch. 423, § 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”.