(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(2) his Federal recognition is withdrawn.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.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 324(a) 324(b) |
32:114 (less 1st sentence). 32:114 (1st sentence). |
June 3, 1916, ch. 134, §77; restated June 15, 1933, ch. 87, §14; restated June 19, 1935, ch. 277, §4, 49 Stat. 391; July 9, 1952, ch. 608, §803 (11th par.), 66 Stat. 505. |
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