32 U.S.C. § 322
Discharge of enlisted members
(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member of the National Guard shall be discharged when—(1) he becomes 64 years of age; or(2) his Federal recognition is withdrawn.(b) An enlisted member who is discharged from the National Guard is entitled to a discharge certificate similar in form and classification to the corresponding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.)Historical and Revision Notes |
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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”.
Notes of Decisions
Kise v. Dep't of Military & Vets. Affairs, 784 A.2d 253 (Pa. Commw. Ct. 2001).
· cites it 2× “32 U.S.C. § 322 (c) ("In times of peace, an enlisted member of the National Guard may be *263 discharged before his enlistment expires, under such regulations as may be prescribed by the Secretary of the Army.”
Abbott v. Biden, 70 F.4th 817 (5th Cir. 2023).
“…statutory authority to do more than simply withhold funding from the States. Specifically, the Government points to 32 U.S.C. §§ 322–24 to justify its authority to withdraw Guardsmen’s federal recognition and discharge them; to §§ 501–02 for its authority to prohibit…”
Dillon v. Mississippi, Military Dep't, Army Nat'l Guard, 827 F. Supp. 1258 (S.D. Miss. 1993).
“32 U.S.C. §§ 322 and 324. In the absence of proof to the contrary, the court must conclude that defendants were acting within the scope of their federal employment at the time of the incident at issue in this case.”
Farmer v. Mabus, 757 F. Supp. 1462 (S.D. Miss. 1991).
“§ 709 (c) (authorizing adjutant general to employ and administer technicians); 32 U.S.C. § 322 (c) (requiring adjutant general to administer and discharge enlisted men in the National Guard); 32 U.”
Dillon v. State of Miss., Military Dept., 827 F. Supp. 1258 (S.D. Miss. 1993).
“32 U.S.C. §§ 322 and 324. In the absence of proof to the contrary, the court must conclude that defendants were acting within the scope of their federal employment at the time of the incident at issue in this case.”
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