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LegalText 32 U.S.C. § 324 Discharge of officers; termination of appointment us united_states_code code_section 32 NATIONAL GUARD 3 PERSONNEL 324 32 U.S.C. § 324 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/s324 data/legal/raw/us/code/title-32/usc32.xml 6ca0cae24cd88740e5966336ac66782a0071b68c2d02d6ca723fcf9ef8130de8 05d3a37f304c651e83ee524f8adc223131aae5a9d47924e35dbea35932adf29f d7be0595687d541c3e44f49bd4a4a6bfd3f2657fdc04d8c35bff6ce74fc6a093 2026-07-04 official
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32 U.S.C. § 324 - Discharge of officers; termination of appointment

Text

(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(2) his Federal recognition is withdrawn.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 of whose National Guard he is a member, or by the laws of the Commonwealth of Puerto Rico, or the District of Columbia, Guam, or the Virgin Islands, of whose National Guard he is a member.

(c) Notwithstanding subsection (a)(1), an officer of the National Guard serving as a chaplain, medical officer, dental officer, nurse, veterinarian, Medical Service Corps officer, or biomedical sciences officer may be retained, with the officers consent, until the date on which the officer becomes 68 years of age.

(Aug. 10, 1956, ch. 1041, 70A Stat. 607; Pub. L. 100456, div. A, title XII, § 1234(b)(6), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 109163, div. A, title X, § 1057(b)(5), Jan. 6, 2006, 119 Stat. 3441; Pub. L. 110417, [div. A], title V, § 516(b), Oct. 14, 2008, 122 Stat. 4442; Pub. L. 111383, div. A, title X, § 1075(h)(4)(C), Jan. 7, 2011, 124 Stat. 4377.)

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 324(a)324(b)32:114 (less 1st sentence).32:114 (1st sentence).June 3, 1916, ch. 134, § 77; restated June 15, 1933, ch. 87, § 14; restated June 19, 1935, ch. 277, § 4, 49 Stat. 391; July 9, 1952, ch. 608, § 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 title”. 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 law”.

Editorial Notes

Amendments2011—Subsec. (b). Pub. L. 111383 amended directory language of Pub. L. 109163, § 1057(b)(5). See 2006 Amendment note below. 2008—Subsec. (c). Pub. L. 110417 added subsec. (c). 2006—Subsec. (b). Pub. L. 109163, § 1057(b)(5), as amended by Pub. L. 111383, substituted “State of whose National Guard he is a member, or by the laws of the Commonwealth of Puerto Rico, or the District of Columbia, Guam, or the Virgin Islands, of whose National Guard he is a member” for “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”. 1988—Subsec. (b). Pub. L. 100456 struck out “, the Canal Zone,” after “Puerto Rico”.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 AmendmentPub. L. 111383, div. A, title X, § 1075(h), Jan. 7, 2011, 124 Stat. 4377, provided that the amendment made by section 1075(h)(4)(C) is effective as of Jan. 6, 2006, and as if included in Pub. L. 109163 as enacted.