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32 U.S.C. § 502Required drills and field exercises

submitted 70 years ago by ch. 1041 to r/title-32-NATIONAL-GUARD · 576 words · no verdicts yet

in plain englishAI-generated · not legal advice

National Guard units must hold at least 48 drills and 15 days of field training each year, with detailed rules for how attendance and formations count. It also lets the Secretary of the Army or Air Force order extra training or duty beyond that minimum, with or without a member's consent.

(a) Under regulations the Secretary of the Army or the Secretary of the Air Force sets, every National Guard company, battery, squadron, and detachment — unless the Secretary excuses it — must: (1) assemble for drill and instruction, including indoor target practice, at least 48 times a year; and (2) take part in encampments, maneuvers, outdoor target practice, or other exercises for at least 15 days a year. However, a member who has already served on active duty for a year or longer doesn't have to take part in that training if it starts during the last 120 days of the member's required Guard membership. (b) An assembly for drill and instruction can be a single formation of the unit, or — when the Secretary concerned allows it — a series of formations covering different parts of the unit. To count a series as one assembly, every part of the unit must be included within 90 consecutive days. (c) Total attendance across the series of formations counts as attendance for the entire required assembly. No member may be counted more than once, or get credit for more than one required attendance period, no matter how many formations in the series they attend. (d) A unit gets no credit for a drill or indoor-target-practice assembly unless: (1) at least the minimum number of members set by the President shows up; (2) each credited period of duty or instruction lasts at least one and a half hours; and (3) the training is the type the Secretary concerned prescribes. (e) A qualified National Guard member who flies an aircraft under proper orders may get drill-attendance credit for that flight, if the flight is what kept the member from attending a regularly scheduled drill. (f)(1) Under regulations the Secretary of the Army or Secretary of the Air Force sets, a Guard member may be ordered — without their consent but with pay and allowances — or may agree, with or without pay, to perform extra training or other duty beyond what subsection (a) requires. (2) That extra duty may include supporting operations or missions the member's unit carries out at the President's or the Secretary of Defense's request, or supporting training operations and missions the Secretary concerned assigns to the National Guard — but only if that training happens in the United States, Puerto Rico, or U.S. possessions, and only involves instructing active-duty military, foreign military (under the same rules that apply to active-duty troops), Defense Department contractor personnel, or Defense Department civilian employees. (3) Duty performed without pay still counts for all purposes as if it were duty performed with pay.
the actual law source: uscode.house.gov ↗public domain
(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.

However, no member of such unit who has served on active duty for one year or longer shall be required to participate in such training if the first day of such training period falls during the last one hundred and twenty days of his required membership in the National Guard.

(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 90 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)
(1)

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—

(A)

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

(B)

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).

(2)

The training or duty ordered to be performed under paragraph (1) may include the following:

(A)

Support of operations or missions undertaken by the member’s unit at the request of the President or Secretary of Defense.

(B)

Support of training operations and training missions assigned in whole or in part to the National Guard by the Secretary concerned, but only to the extent that such training missions and training operations—

(i)

are performed in the United States or the Commonwealth of Puerto Rico or possessions of the United States; and

(ii)

are only to instruct active duty military, foreign military (under the same authorities and restrictions applicable to active duty troops), Department of Defense contractor personnel, or Department of Defense civilian employees.

(3)

Duty without pay shall be considered for all purposes as if it were duty with pay.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 610; Pub. L. 88–621, § 1(1), Oct. 3, 1964, 78 Stat. 999; Pub. L. 90–168, § 4, Dec. 1, 1967, 81 Stat. 526; Pub. L. 92–156, title III, § 303(b), Nov. 17, 1971, 85 Stat. 425; Pub. L. 103–160, div. A, title V, § 524(b), Nov. 30, 1993, 107 Stat. 1657; Pub. L. 109–364, div. A, title V, § 525(c), Oct. 17, 2006, 120 Stat. 2195.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1964Amended · Pub. L. 88-621 · 78 Stat. 999
  • 1967Amended · Pub. L. 90-168 · 81 Stat. 526
  • 1971Amended · Pub. L. 92-156 · 85 Stat. 425
  • 1993Amended · Pub. L. 103-160 · 107 Stat. 1657
  • 2006Amended · Pub. L. 109-364 · 120 Stat. 2195

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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