Appointments and enlistments: age limitations

1. Law
2. USC 32
3. National Guard
4. PERSONNEL
5. Appointments and enlistments: age limitations

§313. Appointments and enlistments: age limitations

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 604 ; Pub. L. 85–861, §2(9), Sept. 2, 1958, 72 Stat. 1544 ; Pub. L. 90–130, §2(2), Nov. 8, 1967, 81 Stat. 383 .)

Historical and Revision Notes
1956 Act

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

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 of title 32	Source (U.S. Code)	Source (Statutes at Large)
313(b)	32 App.:4 (as applicable to age).	July 30, 1956, ch. 789, §2 (as applicable to age), 70 Stat. 729 .

Editorial Notes

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.

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