32 U.S.C. § 303 — Active and inactive enlistments and transfers
submitted 70 years ago by ch. 1041 to r/title-32-NATIONAL-GUARD · 419 words · no verdicts yet
This law lets National Guard members move between active and inactive status. A qualified person can enlist directly in the inactive Guard for one or three years. In peacetime, no one serves longer than their enlistment term, and officers can transfer to fill vacancies.
(a) Under Army or Air Force Secretary regulations, a person qualified for the active Army or Air National Guard may instead enlist in the inactive Army or Air National Guard for a single term of one or three years.
(b) Under the relevant Secretary's regulations, an enlisted member of the active Guard who has never been in the inactive Guard may transfer to the inactive Guard. A person in the inactive Guard may transfer to the active Guard, as regulations allow.
(c) In peacetime, no enlisted member has to serve longer than the term they enlisted for, whether in the active or inactive Guard.
(d) (1) Under Army Secretary regulations, (A) an Army National Guard officer who fills a vacancy in a federally recognized unit may transfer from the active to the inactive Guard, and (B) that officer may later transfer back to the active Guard to fill a vacancy in a federally recognized unit. (2) Under Air Force Secretary regulations, the same two-way transfer applies to Air National Guard officers filling vacancies in federally recognized units.
Under regulations to be prescribed by the Secretary of the Army, a person qualified for enlistment in the active Army National Guard may be enlisted in the inactive Army National Guard for a single term of one or three years. Under regulations prescribed by the Secretary of the Air Force, a person qualified for enlistment in the active Air National Guard may be enlisted in the inactive Air National Guard for a single term of one or three years.
Under such regulations as the Secretary of the Army may prescribe, an enlisted member of the active Army National Guard, not formerly enlisted in the inactive Army National Guard, may be transferred to the inactive Army National Guard. Under such regulations as the Secretary of the Air Force may prescribe, an enlisted member of the active Air National Guard, not formerly enlisted in the inactive Air National Guard, may be transferred to the inactive Air National Guard. Under such regulations as the Secretary concerned may prescribe, a person enlisted in or transferred to the inactive Army National Guard or the inactive Air National Guard may be transferred to the active Army National Guard or the active Air National Guard, as the case may be.
In time of peace, no enlisted member may be required to serve for a period longer than that for which he enlisted in the active or inactive National Guard.
Under regulations prescribed by the Secretary of the Army—
an officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard may be transferred from the active Army National Guard to the inactive Army National Guard; and
an officer of the Army National Guard transferred to the inactive Army National Guard pursuant to subparagraph (A) may be transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit.
Under regulations prescribed by the Secretary of the Air Force—
an officer of the Air National Guard who fills a vacancy in a federally recognized unit of the Air National Guard may be transferred from the active Air National Guard to the inactive Air National Guard; and
an officer of the Air National Guard transferred to the inactive Air National Guard pursuant to subparagraph (A) may be transferred from the inactive Air National Guard to the active Air National Guard to fill a vacancy in a federally recognized unit.
Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 601; Pub. L. 87–649, § 14e(1), Sept. 7, 1962, 76 Stat. 502; Pub. L. 96–513, title V, § 515(2), Dec. 12, 1980, 94 Stat. 2937; Pub. L. 119–60, div. A, title V, § 511, Dec. 18, 2025, 139 Stat. 860.)
- 1956Enacted · Act of Aug. 10, 1956, ch. 1041
- 1962Amended · Pub. L. 87-649 · 76 Stat. 502
- 1980Amended · Pub. L. 96-513 · 94 Stat. 2937
- 2025Amended · Pub. L. 119-60 · 139 Stat. 860
A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.
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