is inserted after the words "composed of", since the word "officer" alone, in 32: 115, referred to a commissioned officer only (see opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)). The words "who outrank him" are substituted for the words "senior in rank to the officer under investigation".

In subsection (c), the opening clause is substituted for the words "such transfer". The words "his Federal recognition is withdrawn" are substituted for the words "shall terminate his federally recognized National Guard or Air National Guard status".

AMENDMENTS

1958 Subsec. (b)(1). Pub. L. 85-861, § 33(c) (2), substituted "the Regular Army or the Army National Guard of the United States, or both" for "a regular or reserve component of the Army".

Subsec. (b)(2). Pub. L. 85–861, § 33 (c) (2), substituted "the Regular Air Force or the Air National Guard of the United States, or both" for "a regular or reserve component of the Air Force".

Subsecs. (d) and (e). Pub. L. 85-861, § 2(11), added subsecs. (d) and (e).

EFFECTIVE DATE OF 1958 AMENDMENT Amendment of subsec. (b) (1), (2) of this section by Pub. L. 85-861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85-861, set out as a note under section 101 of Title 10, Armed Forces.

CROSS REFERENCES

Suspension of subsecs. (d) and (e) of this section, see section 111 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 111 of this title; title 10 sections 3820, 8368, 8820.

§ 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(2) his Federal recognition is withdrawn.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 or Territory of whose National Guard he is a member, or by the laws of Puerto Rico, the Canal Zone, or the District of Columbia, if he is a member of its National Guard. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 607.)

CROSS REFERENCES

Army National Guard of United States and Air National Guard of United States, discharge of officers, see sections 3820 and 8820 of Title 10, Armed Forces.

§ 325. Relief from National Guard duty when ordered to active duty.

(a) Each member of the Army National Guard of the United States or the Air National Guard of the United States who is ordered to active duty is relieved from duty in the National Guard of his State or Territory, or of Puerto Rico, the Canal Zone, or the District of Columbia, as the case may be, from the effective date of his order to active duty until he is relieved from that duty.

(b) So far as practicable, members, organizations, and units of the Army National Guard of the United States or the Air National Guard of the United States ordered to active duty shall be returned to their National Guard status upon relief from that duty. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 607.)

HISTORICAL AND REVISION NOTES

In subsection (a), the words "in the service of the United States" are omitted as surplusage. The words "effective date of his order to active duty until he is relieved from that duty" are substituted for the words "active-duty date of the orders and for as long as they remain on active duty in the serivce of the United States". 50: 1120 (last sentence) is omitted as surplusage, since the persons involved are members of the Army or the Air Force.

In subsection (b), the words "upon relief from that duty" are substituted for the words "upon being relieved from active duty". The words "their National Guard status" are substituted for the words "to the National Guard and Air National Guard in their respective States, Territories, and the District of Columbia".

CROSS REFERENCES

Active duty, see sections 672, 3495 and 8495 of Title 10, Armed Forces.

Return of arms and equipment upon relief from Federal service, see section 706 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 706 of this title.

§ 326. Courts-martial of National Guard not in Federal service: composition, jurisdiction, and procedures. In the National Guard not in Federal service, there are general, special, and summary courts-martial constituted like similar courts of the Army and the Air Force. They have the jurisdiction and powers, except as to punishments, and shall follow the forms and procedures, provided for those courts. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 608.)

Revised section

326.

The words "not in Federal service" are substituted for the words "Except in organizations in the service of the United States". The words "have the jurisdiction and powers" are substituted for the words "and have cogni

zance of the same subjects, and possess like powers". The words "of three kinds, namely", "provided for by the laws and regulations governing", "proceedings of courtsmartial of the National Guard", and "modes of" are omitted as surplusage.

CROSS REFERENCES

Uniform Code of Military Justice

Generally, see chapter 47 of Title 10, Armed Forces. Composition of courts-martial, see sections 825829 of Title 10.

Court-martial jurisdiction, see sections 816-820 of Title 10.

Pre-trial procedure, see sections 830-835 of Title 10. Review of courts-martial, see sections 859-876 of Title 10.

Trial procedure, see sections 836-854 of Title 10.

§ 327. General courts-martial of National Guard not in Federal service.

(a) In the National Guard not in Federal service, general courts-martial may be convened by the President or by the governor of a State or Territory. Puerto Rico, or the Canal Zone, or by the commanding general of the National Guard of the District of Columbia.

(b) A general court-martial may sentence to-
(1) a fine of not more than $200;

(2) forfeiture of pay and allowances;
(3) a reprimand;

(4) dismissal or dishonorable discharge;

(5) reduction of a noncommissioned officer to the ranks; or

(6) any combination of these punishments. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 608.)

HISTORICAL AND REVISION NOTES

• to

In subsection (a), the words "Federal service" are substituted for the words "service of the United States". In subsection (b), the words "A general court-martial may sentence to-" are substituted for the words "and such courts shall have the power to impose sentence". The words "any combination of these punishments" are substituted for the words "or any two or more of such punishments may be combined in the sentences imposed by such courts".

CROSS REFERENCES Uniform Code of Military Justice

Generally, see chapter 47 of Title 10, Armed Forces. Convening general courts-martial, see section 822 of Title 10.

Jurisdiction of general courts-martial, see section 818 of Title 10.

10.

Sentences, generally, see sections 855-858a of Title

§ 328. Special courts-martial of National Guard not in Federal service.

(a) In the National Guard not in Federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a brigade, regiment, wing, group, detached battalion, separate squadron, or other detached command, may convene special courts-martial. Special courts-martial may also be convened by superior authority.

(b) A special court-martial may not try a commissioned officer.

In subsection (a), the words "Federal service" are substituted for the words "service of the United States". The words "where troops are on duty" are inserted for clarity. The words "for his command" are omitted, since they cast doubt on the right of a court-martial to try others than members of the command of the appointing authority. The words "air base, auxiliary air base”, "wing, group", and "detached squadron" are inserted to clarify the applicability of the revised section to Air Force organizations. The words "convene" and "convened" are substituted for the words "appoint" and "appointed" to conform to 32:92 and similar provisions of section 823 of title 10 (article 23 of the Uniform Code of Military Justice). The words "when by the latter deemed advisable" are omitted as surplusage.

In subsection (b), the positive authority of a special court-martial to try any person subject to military law is omitted as covered by section 326 of this title.

In subsection (c), the words "for a single offense" are inserted for clarity.

§ 329. Summary courts-martial of National Guard not in Federal service.

(a) In the National Guard not in Federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or other place where troops are on duty, or of a regiment, wing, group, detached battalion, detached squadron, detached company, or other detachment, may convene a summary court-martial consisting of one commissioned officer. The proceedings shall be informal.

(b) A summary court-martial may sentence to a fine of not more than $25 for a single offense, to forfeiture of pay and allowances, and to reduction of a noncommissioned officer to the ranks. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 608.)

The words "where troops are on duty" and "commissioned" are inserted for clarity. The words "air base, auxiliary air base", "wing, group", and "detached squadron" are inserted to clarify the applicability of the revised section to Air Force organizations. The word "convene" is substituted for the word "appoint" to conform to 32:92 and similar provisions of section 824 of title 10 (article 24 of the Uniform Code of Military Justice). The word "corps", referring to those corps covered by 32:192 and 193, is omitted as covered by the words "other detachment". The words "who shall have power to administer oaths and to try the enlisted men of such place or command for breaches of discipline and violations of laws governing such organizations" are omitted as covered by section 326 of this title.

In subsection (b), the words "and the minutes thereof shall be the same as prescribed for summary courts of the Army of the United States" are omitted as covered by section 326 of this title.

§ 332. Compelling attendance of accused and witnesses. In the National Guard not in Federal service, the president of a court-martial or a summary court officer may

(1) issue a warrant for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order by the convening authority to appear before the court;

(2) issue subpenas duces tecum and other subpenas:

(3) enforce by attachment the attendance or witnesses and the production of books and papers; and

(4) sentence for refusal to be sworn or to answer, as provided in actions before civil courts. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 609.) HISTORICAL AND REVISION NOTES

The words "Federal service" are substituted for the words "service of the United States". The word "may" is substituted for the words "shall have power". The words "for the arrest of any accused person who, having been served with a warrant and a copy of the charges, disobeys a written order" are substituted for the words "to arrest accused persons and to bring them before the court for trial whenever such persons shall have disobeyed an order in writing ⚫ a copy of the charge or charges having been delivered to the accused with such order".

CROSS REFERENCES

Apprehension and restraint of persons subject to Uniform Code of Military Justice, see sections 807-814 of Title 10, Armed Forces.

§ 333. Execution of process and sentence.

In the National Guard not in Federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of the States concerned. In a State where no provision is made for executing those processes and sentences, and in the Territories, Puerto Rico, the Canal Zone, and the District of Columbia, the process or sentence shall be executed by a United States marshal or deputy marshal, who shall make a return to the military officer issuing the process or the court imposing the sentence. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 609.)

Source (U. S. Code)

Source (Statutes at Large)

June 3, 1916, ch. 134, § 107, 39 Stat. 209.

Revised section

331

32: 96.

The words "Federal service" are substituted for the words "service of the United States". The words "from the service" and "imposed by a court-martial" are omitted as surplusage.

The words "In the National Guard not in Federal service *** its courts-martial" are substituted for the words "said courts". The words "executing those processes and sentences" are substituted for the words "such action". The words "deputy marshal" are substituted for the words "his duly appointed deputy". The words "and it shall be the duty of any United States marshal to execute all such processes and sentences" are omitted as surplusage.

Army and Air Force training generally, see chapters 401 and 901 of Title 10, Armed Forces.

§ 502. Required drills and field exercises.

(a) Under regulations to be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, each company, battery, squadron, and detachment of the National Guard, unless excused by the Secretary concerned, shall

(1) assemble for drill and instruction, including indoor target practice, at least 48 times each year; and

(2) participate in training at encampments, maneuvers, outdoor target practice, or other exercises, at least 15 days each year.

(b) An assembly for drill and instruction may consist of a single ordered formation of a company, battery, squadron, or detachment, or, when authorized by the Secretary concerned, a series of ordered formations of parts of those organizations. However, to have a series of formations credited as an assembly for drill and instruction, all parts of the unit must be included in the series within 30 consecutive days.

(c) The total attendance at the series of formations constituting an assembly shall be counted as

the attendance at that assembly for the required period. No member may be counted more than once or receive credit for more than one required period of attendance, regardless of the number of formations that he attends during the series constituting the assembly for the required period.

(d) No organization may receive credit for an assembly for drill or indoor target practice unless(1) the number of members present equals or exceeds the minimum number prescribed by the President;

(2) the period of military duty or instruction for which a member is credited is at least one and one-half hours; and

(3) the training is of the type prescribed by the Secretary concerned.

(e) An appropriately rated member of the National Guard who performs an aerial flight under competent orders may receive credit for attending drill for the purposes of this section, if the flight prevented him from attending a regularly scheduled drill.

(f) Under regulations to be prescribed by the Secretary of the Army or Secretary of the Air Force, as the case may be, a member of the National Guard may

(1) without his consent, but with the pay and allowances provided by law; or

(2) with his consent, either with or without pay and allowances;

be ordered to perform training or other duty in addition to that prescribed under subsection (a). Duty without pay shall be considered for all purposes as if it were duty with pay. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 610; Oct. 3, 1964, Pub. L. 88–621, § 1(1), 78 Stat. 999; Dec. 1, 1967, Pub. L. 90-168, § 4, 81 Stat. 526.)

HISTORICAL AND REVISION NOTES

In subsection (a), the words "including target practice" and "such company, troop, battery, or detachment shall have been ⚫ • * from participation in any part thereof" are omitted as surplusage.

In subsections (a) and (b), the word "troop" is omitted as obsolete.

In subsection (b), the words "parts of those organizations" are substituted for the words "subdivisions or parts thereof". The words "but in the latter case", "of subdivisions or groups", "comprehend", and "the time limit of" are omitted as surplusage.

In subsection (c), the word "member" is substituted for the words "officer, warrant officer, or enlisted man". The words "series of formations" are substituted for the words "separate consecutive formations announced" The words "regardless of the number of formations that he attends during the series" are substituted for the words "even though he may have attended more than one of the formations". The words "sum", "actual military", and "of time" are omitted as surplusage. 32: 62 (4th proviso of last sentence) is omitted as superseded

by section 683 of title 10. 32: 62 (last proviso of last sentence) is omitted as superseded by section 501 (b) of the Career Compensation Act of 1949, 63 Stat. 826 (37 U. S. C. 301 (b)).

In subsection (d), the word "members" is substituted for the words "officers and enlisted men". The words "for which a member is credited" are substituted for the words "participated in by each officer and enlisted man at each assembly at which he shall be credited as having been present". The words "for duty at such assembly”, "actual", and "character of" are omitted as surplusage. In subsection (e), the word "member" is substituted for the words "officer or enlisted man". The words "Air Corps ⚫ assigned to an Air Corps unit thereof, or an officer or enlisted man of the Medical Department of the said National Guard regularly attached to an Air Corps unit of the National Guard by appropriate authority" are omitted, since the revised subsection applies only to members who perform flights under competent orders and who are thereby prevented from attending a regular drill.

AMENDMENTS

1967-Subsec. (b). Pub. L. 90-168 substituted 30 consecutive days for seven consecutive days of the same calendar month as the time within which all parts of the unit must be included in a series of formations in order to be credited as an assembly for drill and instruction.

1964 Subsec. (f). Pub. L. 88-621 added subsec. (f). EFFECTIVE DATE OF 1967 AMENDMENT

Provisions of Pub. L. 90-168 effective on the first day of the first calendar month following the date of enactment of Pub. L. 90-168, which was approved on Dec. 1, 1967, see section 7 of Pub. L. 90-168, set out as a note under section 136 of Title 10, Armed Forces.

CROSS REFERENCES

Appropriations for pay, disbursement and accounting, see section 698a of Title 31, Money and Finance. Compensation for disablement during training, see section 318 of this title.

Compensation for disablement during training when not covered by section 318 of this title, see section 319 of this title.

Credit for service as members of Army National Guard or Air National Guard of members of Army National Guard of United States or Air National Guard of United States, see sections 3686 and 8686 of Title 10, Armed Forces. Death gratuity, see section 321 of this title. Hospitalization, when Secretary may require, see section 320 of this title.

Inactive duty training, duty (other than full-time duty) under this section as, see section 101 (23) of Title 38, Veterans' Benefits.

Pay grades of National Guard personnel on active duty, see section 204 of Title 37, Pay and Allowances of the Uniformed Services.

Rank, commissioned officers on active duty, see sections 3571 and 8571 of Title 10.

Training duty compensation of members of National Guard, see section 206 of Title 37.

SECTIONS REFERRED TO IN OTHER SECTIONS This section is referred to in sections 318, 320, 321, 715 of this title; title 5 section 3551; title 10 section 268, 701, 1208, 1332, 1333, 3571, 3686, 8571, 8686; title 37 section 204; title 38 sections 101, 765; title 50 App. section 456. § 503. Participation in field exercises.

(a) Under such regulations as the President may prescribe, the Secretary of the Army and the Secretary of the Air Force, as the case may be, may provide for the participation of the National Guard in encampments, maneuvers, outdoor target practice, or other exercises for field or coast-defense instruction, independently of or in conjunction with the Army or the Air Force, or both.

(b) Amounts necessary for the pay, subsistence, transportation, and other proper expenses of any part of the National Guard of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia participating in an exercise under subsection (a) may be set aside from funds allocated to it from appropriations for field or coast-defense instruction.

(c) Members of the National Guard participating in an exercise under subsection (a) may, after being mustered, be paid for the period beginning with the date of leaving home and ending with the date of return, as determined in advance. If otherwise correct, such a payment passes to the credit of the disbursing officer. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 610.)

In subsection (a), the words "the whole or any part" and "any part of" are omitted as surplusage. The word "Army" is substituted for the words "Regular Army", since the Army is the category that participates in the exercises, and the Regular Army is a personnel category only. Similarly, the words "Air Force" are used instead of the words "Regular Air Force".

In subsection (b), the words "Amounts necessary" are substituted for the words "such portion of said funds as may be necessary". The words "participating in an exercise under subsection (a)" are substituted for the words "as shall participate in such encampments, maneuvers, or other exercises, including outdoor target practice, for field and coast-defense instruction". The words "allocated to it from appropriations for field or coastdefense instruction" are substituted for the words "appropriated for that purpose and allocated to any State, Territory, or the District of Columbia".

In subsection (c), the words "Members of the National Guard participating in an exercise under subsection (a)" are substituted for the words "When any portion of the National Guard shall participate in encampments, maneuvers, or other exercises, including outdoor target practice, for field or coast-defense instruction, under the provisions of this title". The words "duly", "at any time", "rendezvous", "both dates inclusive", and "making the same" are omitted as surplusage.

CROSS REFERENCES

Compensation for disablement during training, see section 318 of this title.

Compensation for disablement during training when not covered by section 318 of this title, see section 319 of this title.

Credit for service as members of Army National Guard or Air National Guard of members of Army National Guard of United States or Air National Guard of United States, see sections 3686 and 8686 of Title 10, Armed Forces.

Death gratuity, see section 321 of this title.

Death incident to service under this section, headstones for unmarked graves, see section 279a of Title 24, Hospitals, Asylums, and Cemeteries.

Hospitalization, when Secretary may require, see section 320 of this title.

Inactive duty training, duty (other than full-time duty) under this section as, see section 101 (23) of Title 38, Veterans' Benefits.

Pay grades of National Guard personnel on active duty, see section 204 of Title 37, Pay and Allowances of the Uniformed Services.

Rank, commissioned officers on active duty, see sections 3571 and 8571 of Title 10.