§324. Discharge of officers; termination of appointment

(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(2) his Federal recognition is withdrawn.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 officer's consent, until the date on which the officer becomes 68 years of age.

(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. 109–163, div. A, title X, §1057(b)(5), Jan. 6, 2006, 119 Stat. 3441 ; Pub. L. 110–417, [div. A], title V, §516(b), Oct. 14, 2008, 122 Stat. 4442 ; Pub. L. 111–383, div. A, title X, §1075(h)(4)(C), Jan. 7, 2011, 124 Stat. 4377 .)

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 The words "his Federal recognition is withdrawn" are substituted for the words "When Federal recognition is withdrawn * * * as provided in section 115 of this title".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

Amendments

2011-Subsec. (b). Pub. L. 111–383 amended directory language of Pub. L. 109–163, §1057(b)(5). See 2006 Amendment note below.

2008-Subsec. (c). Pub. L. 110–417 added subsec. (c).

2006-Subsec. (b). Pub. L. 109–163, §1057(b)(5), as amended by Pub. L. 111–383, 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. 100–456 struck out ", the Canal Zone," after "Puerto Rico".

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 111–383, 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. 109–163 as enacted.