U.S. Code » Title 32 » Chapter CHAPTER 3— PERSONNEL

32 U.S.C. § 325

Relief from National Guard duty when ordered to active duty

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 32 CasesGoogle Scholar
(a)Relief Required.—(1) Except as provided in paragraph (2), each member of the Army National Guard of the United States or the Air National Guard of the United States who is ordered to active duty is relieved from duty in the National Guard of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands or the District of Columbia, as the case may be, from the effective date of his order to active duty until he is relieved from that duty.(2) An officer of the Army National Guard of the United States or the Air National Guard of the United States is not relieved from duty in the National Guard of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands or the District of Columbia, under paragraph (1) while serving on active duty if—(A) the President authorizes such service in both duty statuses; and(B) the Governor of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, consents to such service in both duty statuses.(b)Advance Authorization and Consent.—The President and the Governor of a State or Territory, or of the Commonwealth of Puerto Rico, or the commanding general of the District of Columbia National Guard, as applicable, may give the authorization or consent required by subsection (a)(2) with respect to an officer in advance for the purpose of establishing the succession of command of a unit.(c)Return to State Status.—So far as practicable, members, organizations, and units of the Army National Guard of the United States or the Air National Guard of the United States ordered to active duty shall be returned to their National Guard status upon relief from that duty.(Aug. 10, 1956, ch. 1041, 70A Stat. 607; Pub. L. 100–456, div. A, title XII, § 1234(b)(6), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 108–136, div. A, title V, § 516, Nov. 24, 2003, 117 Stat. 1461; Pub. L. 109–163, div. A, title X, § 1057(b)(6), Jan. 6, 2006, 119 Stat. 3442; Pub. L. 110–417, [div. A], title V, § 517, Oct. 14, 2008, 122 Stat. 4442.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

325(a)

325(b)

50:1120.

50:1122(b) (less last 17 words).

July 9, 1952, ch. 608, §§ 710, 712(b) (less last 17 words), 66 Stat. 503, 504.

In subsection (a), the words “in the service of the United States” are omitted as surplusage. The words “effective date of his order to active duty until he is relieved from that duty” are substituted for the words “active-duty date of the orders and for as long as they remain on active duty in the service of the United States”. 50:1120 (last sentence) is omitted as surplusage, since the persons involved are members of the Army or the Air Force.

In subsection (b), the words “upon relief from that duty” are substituted for the words “upon being relieved from active duty”. The words “their National Guard status” are substituted for the words “to the National Guard and Air National Guard in their respective States, Territories, and the District of Columbia”.

Editorial NotesAmendments

2008—Subsec. (a)(2). Pub. L. 110–417, § 517(a), struck out “in command of a National Guard unit” after “active duty” in introductory provisions.

Subsecs. (b), (c). Pub. L. 110–417, § 517(b), added subsec. (b) and redesignated former subsec. (b) as (c).

2006—Subsec. (a). Pub. L. 109–163 substituted “State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands” for “State or Territory, or of Puerto Rico” in par. (1) and introductory provisions of par. (2) and “State or Territory or Puerto Rico” in par. (2)(B).

2003—Subsec. (a). Pub. L. 108–136, § 516(a), substituted “(a) Relief Required.—(1) Except as provided in paragraph (2), each” for “(a) Each” and added par. (2).

Subsec. (b). Pub. L. 108–136, § 516(b), inserted heading.

1988—Subsec. (a). Pub. L. 100–456 struck out “, the Canal Zone,” after “Puerto Rico”.

Executive DocumentsDelegation of Functions

Functions and authority of President under this section delegated to the Secretary of Defense, see Memorandum of President of the United States, Apr. 14, 2011, 76 F.R. 22003, set out as a note under section 315 of this title.

National Guard Support for 2004 Democratic and Republican National Conventions and Other Appropriate Events

Memorandum of President of the United States, July 23, 2004, 69 F.R. 46397, which delegated to the Secretary of Defense the functions and authority of the President under this section, was superseded by Memorandum of President of the United States, Apr. 14, 2011, 69 F.R. 22003, set out as a note under section 315 of this title.

Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1990–2026 · leading case: Nelson v. Geringer, 295 F.3d 1082 (10th Cir. 2002).
Sort: Relevance Newest Treatment
Nelson v. Geringer, 295 F.3d 1082 (10th Cir. 2002). “§ 10112 , and they are relieved of duty in their state units, 32 U.S.C. § 325 (a). The National Guard constitutes a vital component of the system of national defense: In accordance with the traditional military policy of the United States, it is essential that the strength and…”
Perpich v. Dep't of Def., 496 U.S. 334 (1990). “” 32 U. S. C. § 325 (a). This change in status is unremarkable in light of the traditional understanding of the militia as a part-time, nonprofessional fighting force.”
Trankel v. State, Dept. of Military Affairs, 938 P.2d 614 (Mont. 1997). · cites it 2× “However, when a member of the “Army National Guard” is ordered to active federal duty, he or she is relieved from duty in the National Guard of his or her state, from the effective date of the order to active duty in the federal military.”
Bowen v. United States, 49 Fed. Cl. 673 (Fed. Cl. 2001). “2418 ; see 32 U.S.C. § 325 (a) (2001). It is apparent that the issue in this case turns on the definition of “Federal service on active duty” in the context of the Soldiers’ and Sailors’ Civil Relief Act.”
William A. Clark v. United States, 322 F.3d 1358 (Fed. Cir. 2003). “32 U.S.C. § 325 . Various provisions of Title 10 further explain the relationship between National Guard members and federal service.”
United States v. Wilson, 53 M.J. 327 (C.A.A.F. 2000). · cites it 2× “" Id at 348; see 10 USC §§ 12102 , 12105-07, 12201, 12211, 12212, 12301, 12401, 12403, and 12405; 32 USC § 325 . There are a number of statutes providing for federal court-martial jurisdiction over members of the Guard.”
United States v. Shirley Ellen Hutchings & Kenneth Orville Hutchings, 127 F.3d 1255 (10th Cir. 1997). “See 32 U.S.C. § 325 (a); Perpich, 496 U.S. at 348 , 110 S.”
Doggett v. State, 791 So. 2d 1043 (Ala. Crim. App. 2000). “See 32 U.S.C. § 325 (a); Perpich , 496 U.S. at 348 , 110 S.”
Kaya v. State, 809 P.2d 1136 (Haw. 1991). · cites it 3× “Under 32 U.S.C. § 325 (a) and 10 U.S.C. § 101 (23), he was on federal active duty and the federal government exercised exclusive control over him.”
United States v. DiMuccio, 61 M.J. 588 (A.F.C.C.A. 2005). · cites it 2× “32 U.S.C. § 325 (a)(1). Put another way, “the state affiliation is suspended in favor of an entirely federal affiliation during the period of active duty.”
Sullivan v. State, 612 S.E.2d 397 (N.C. Ct. App. 2005). “See 32 U.S.C. § 325 (a) (1959). Plaintiffs' remedy of withdrawal of federal troops and estoppel of further deployment is not within the power of the State of North Carolina to provide, as such deployments of federal troops are entirely within the control of the federal…”
Daniels v. Missouri Army Nat'l Guard, 902 S.W.2d 301 (Mo. Ct. App. 1994). “In addition, 32 U.S.C. § 325 (a) states, in relevant part: “Each member of the Army National Guard of the United States .”
Show all 17 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.