### **CHAPTER 3—PERSONNEL**

Sec.
301.
Federal recognition of enlisted members.
302.
Enlistments, reenlistments, and extensions.
303.
Active and inactive enlistments and transfers.
304.
Enlistment oath.
305.
Federal recognition of commissioned officers: persons eligible.
307.
Federal recognition of officers: examination; certificate of eligibility.
308.
Federal recognition of officers: temporary recognition.
309.
Federal recognition of National Guard officers: officers promoted to fill vacancies.
310.
Federal recognition of National Guard officers: automatic recognition.
312.
Appointment oath.
313.
Appointments and enlistments: age limitations.
314.
Adjutants general.
315.
Detail of regular members of Army and Air Force to duty with National Guard.
316.
Detail of members of Army National Guard for rifle instruction of civilians.
317.
Command during joint exercises with Federal troops.
[318 to 321. Repealed.]
322.
Discharge of enlisted members.
323.
Withdrawal of Federal recognition.
324.
Discharge of officers; termination of appointment.
325.
Relief from National Guard duty when ordered to active duty.
326.
Courts-martial of National Guard not in Federal service: composition, jurisdiction, and procedures.
327.
Courts-martial of National Guard not in Federal service: convening authority.
328.
Active Guard and Reserve duty: Governor's authority.
329.
Prohibition on private funding for interstate deployment.
[330 to 335. Repealed.]

#### **Editorial Notes**

#### Amendments

**2021**—Pub. L. 117–81, div. A, title V, §512(b), Dec. 27, 2021, 135 Stat. 1683, added item 329.

**2006**—Pub. L. 109–364, div. A, title V, §526(b), Oct. 17, 2006, 120 Stat. 2196, added item 328.

**2002**—Pub. L. 107–314, div. A, title V, §512(d), Dec. 2, 2002, 116 Stat. 2537, added item 327 and struck out former items 327 "General courts-martial of National Guard not in Federal service", 328 "Special courts-martial of National Guard not in Federal service", 329 "Summary courts-martial of National Guard not in Federal service", 330 "Confinement instead of fine", 331 "Dismissal or dishonorable discharge", 332 "Compelling attendance of accused and witnesses", and 333 "Execution of process and sentence".

**1994**—Pub. L. 103–337, div. A, title XVI, §1676(a)(4), Oct. 5, 1994, 108 Stat. 3019, substituted "National Guard officers:" for "officers: Army National Guard;" in items 309 and 310.

**1986**—Pub. L. 99–661, div. A, title VI, §604(f)(2)(B), Nov. 14, 1986, 100 Stat. 3878, struck out item 318 "Compensation for disablement during training", item 319 "Compensation for disablement during training when not covered by section 318 of this title", item 320 "Hospitalization: when Secretary may require", and item 321 "Death gratuity".

**1984**—Pub. L. 98–525, title IV, §414(b)(2)(B), Oct. 19, 1984, 98 Stat. 2519, struck out item 335 "Status of certain members performing full-time duty".

**1983**—Pub. L. 98–94, title V, §504(b)(2), Sept. 24, 1983, 97 Stat. 632, added item 335.

**1981**—Pub. L. 97–124, §3, Dec. 29, 1981, 95 Stat. 1666, struck out item 334 "Payment of malpractice liability of National Guard Medical personnel".

**1980**—Pub. L. 96–513, title V, §515(1), Dec. 12, 1980, 94 Stat. 2937, inserted "of officers" after "recognition" in item 307.

**1976**—Pub. L. 94–464, §2(c), Oct. 8, 1976, 90 Stat. 1988, added item 334.

**1961**—Pub. L. 87–378, §5(2), Oct. 4, 1961, 75 Stat. 808, inserted ", reenlistments, and extensions" in item 302.

**1958**—Pub. L. 85–861, §2(8), Sept. 2, 1958, 72 Stat. 1544, added items 309 and 310.

#### **Statutory Notes and Related Subsidiaries**

#### Removal of Restrictions on the Transfer of Officers Between the Active and Inactive National Guard

Pub. L. 113–66, div. A, title V, §512, Dec. 26, 2013, 127 Stat. 752, as amended by Pub. L. 114–328, div. A, title V, §514, Dec. 23, 2016, 130 Stat. 2113, provided that:

"(a) Army National Guard.—During the period ending on December 31, 2019, under regulations prescribed by the Secretary of the Army:

"(1) An officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard may be transferred from the active Army National Guard to the inactive Army National Guard.

"(2) An officer of the Army National Guard transferred to the inactive Army National Guard pursuant to paragraph (1) may be transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit.

"(b) Air National Guard.—During the period ending on December 31, 2019, under regulations prescribed by the Secretary of the Air Force:

"(1) An officer of the Air National Guard who fills a vacancy in a federally recognized unit of the Air National Guard may be transferred from the active Air National Guard to the inactive Air National Guard.

"(2) An officer of the Air National Guard transferred to the inactive Air National Guard pursuant to paragraph (1) may be transferred from the inactive Air National Guard to the active Air National Guard to fill a vacancy in a federally recognized unit."