32 USC 313 - Sec. 313. Appointments and enlistments: age limitations

32 USC - US Code - Title 32: National Guard (January 2003)


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  (a) To be eligible for original enlistment in the National Guard, a person must be at least 17 years of age and under 45, or under 64 years of age and a former member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps.

To be eligible for reenlistment, a person must be under 64 years of age. (b) To be eligible for appointment as an officer of the National Guard, a person must - (1) be a citizen of the United States; and (2) be at least 18 years of age and under 64.


Historical And Revision Notes

1956 ACT

Revised Source (U.S. Code) Source (Statutes at section Large)

313(a) 32:4 (less 22 words June 3, 1916, ch. 134, before proviso). Sec. 58; restated Feb. 28, 1925, ch. 371, Sec. 1 (1st par.); restated June 15, 1933, ch. 87, Sec. 5 (1st par.), 48 Stat. 155; June 19, 1935, ch. 277, Sec. 2, 49 Stat. 391; June 28, 1947, ch. 162, Sec. 7 (less applicability to Sec. 57 of the Act of June 3, 1916, ch. 134), 61 Stat. 192; July 9, 1952, ch. 608, Secs. 803 (8th par.), 806(j), 66 Stat. 505, 508. 313(b) 32:4 (22 words before proviso).

In subsection (a), 32:4 (1st 19 words) is omitted as covered by section 101(3) and (5) of this title. 32:4 (54th through 62d words) is omitted as surplusage.

The words "under 64" are substituted for the words "not more than sixty-four" to conform to an opinion of the Judge Advocate General of the Army (JAGA 1953/9033, 3 Dec. 1953). The word "Regular" is inserted before the words "Navy" and "Marine Corps". The words "Regular Air Force" are inserted to complete the coverage of the revised section.

The word "reenlistment" is substituted for the words "subsequent enlistment". 1958 ACT

Section Source (U.S. Code) Source (Statutes at of title Large) 32

313(b) 32 App.:4 (as applicable July 30, 1956, ch. 789, to age). Sec. 2 (as applicable to age), 70 Stat. 729.

AMENDMENTS 1967 - Subsec. (b)(3). Pub. L. 90-130 struck out cl. (3) which inserted requirement that women appointed with a view to serving as a nurse or medical specialist be at least 21 years of age and under 64 years of age in order to be eligible for appointment as an officer of the National Guard. 1958 - Subsec. (b). Pub. L. 85-861 inserted qualifications for appointment of women with a view to serving as nurses or medical specialists.

Section Referred To In Other Sections

This section is referred to in title 10 section 311.

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