- § 301. Federal recognition of enlisted members
- § 302. Enlistments, reenlistments, and extensions
- § 303. Active and inactive enlistments and transfers
- § 304. Enlistment oath
- § 305. Federal recognition of commissioned officers: persons eligible
- § 307. Federal recognition of officers: examination; certificate of eligibility
- § 308. Federal recognition of officers: temporary recognition
- § 309. Federal recognition of National Guard officers: officers promoted to fill vacancies
- § 310. Federal recognition of National Guard officers: automatic recognition
- § 312. Appointment oath
- § 313. Appointments and enlistments: age limitations
- § 314. Adjutants general
- § 315. Detail of regular members of Army and Air Force to duty with National Guard
- § 316. Detail of members of Army National Guard for rifle instruction of civilians
- § 317. Command during joint exercises with Federal troops
- [§§ 318 to 321. Repealed.
- § 322. Discharge of enlisted members
- § 323. Withdrawal of Federal recognition
- § 324. Discharge of officers; termination of appointment
- § 325. Relief from National Guard duty when ordered to active duty
- § 326. Courts-martial of National Guard not in Federal service: composition, jurisdiction, and procedures
- § 327. Courts-martial of National Guard not in Federal service: convening authority
- § 328. Active Guard and Reserve duty: Governor’s authority
- § 329. Prohibition on private funding for interstate deployment
- [§§ 330 to 333. Repealed.
- [§ 334. Repealed.
- [§ 335. Repealed.
To be eligible for Federal recognition as an enlisted member of the National Guard, a person must have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved. He becomes federally recognized upon enlisting in a federally recognized unit or organization of the National Guard.
Each person enlisting in the National Guard shall sign an enlistment contract and subscribe to the following oath:
“I do hereby acknowledge to have voluntarily enlisted this __ day of ____, 19_, in the ______ National Guard of the State of ______ for a period of __ year(s) under the conditions prescribed by law, unless sooner discharged by proper authority.
“I, ________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and of the State of ______ against all enemies, foreign and domestic; that I will bear true faith and allegiance to them; and that I will obey the orders of the President of the United States and the Governor of ______ and the orders of the officers appointed over me, according to law and regulations. So help me God.”
The oath may be taken before any officer of the National Guard of the State or Territory, or of Puerto Rico, or the District of Columbia, as the case may be, or before any other person authorized by the law of the jurisdiction concerned to administer oaths of enlistment in the National Guard.
Each officer of the National Guard who is promoted to fill a vacancy in a federally recognized unit of the National Guard, and who has been on the reserve active-status list or the active-duty list of the Army or the Air Force for at least one year and has completed the minimum years of service in grade specified in section 14303 of title 10, shall be examined for Federal recognition in the grade to which the officer is promoted.
Each person who is appointed as an officer of the National Guard shall subscribe to the following oath:
“I, ______, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of ______ against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of ______, that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of ____ in the National Guard of the State of ______ upon which I am about to enter, so help me God.”
The President may detail officers and noncommissioned officers of the Army National Guard to duty as instructors at rifle ranges for the training of civilians in the use of military arms.
When any part of the National Guard that is not in Federal service participates in an encampment, maneuver, or other exercise for instruction, together with troops in Federal service, the command of the post, air base, or other place where it is held, and of the troops in Federal service on duty there, remains with the officers in Federal service who command that place and the Federal troops on duty there, without regard to the rank of the officers of the National Guard not in Federal service who are temporarily participating in the exercise.
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. Punishments shall be as provided by the laws of the respective States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands.
A member of the National Guard may not be ordered to cross a border of a State to perform duty (under this title or title 10) if such duty is paid for with private funds, unless such duty is in response to a major disaster or emergency under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).