32 U.S.C. § 302 – Enlistments, reenlistments, and extensions

(a) Under regulations to be prescribed by the Secretary concerned, original enlistments in the National Guard may be accepted for—
1. (1) any specified term, not less than three years, for persons who have not served in an armed force; or
2. (2) any specified term, not less than one year, for persons who have served in any armed force.
(b) Under regulations to be prescribed by the Secretary concerned, reenlistment in the National Guard may be accepted for any specified period, or, if the person last served in one of the highest five enlisted grades, for an unspecified period.
(c) Enlistments or reenlistments in the National Guard may be extended—
1. (1) under regulations to be prescribed by the Secretary concerned, at the request of the member, for any period not less than six months; or
2. (2) by proclamation of the President, if Congress declares an emergency, until six months after termination of that emergency.

(Aug. 10, 1956, ch. 1041, 70A Stat. 601; Pub. L. 87–378, § 5(1), Oct. 4, 1961, 75 Stat. 808.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
302	32:124.	June 3, 1916, ch. 134, § 69; restated July 11, 1919, ch. 8 (20th par. under “National Guard”); restated June 4, 1920, ch. 227, subch. I, § 37; restated June 6, 1924, ch. 275, § 4; restated June 15, 1933, ch. 87, § 7, 48 Stat. 156; July 9, 1952, ch. 608, § 806(a), 66 Stat. 506.

32:124 (1st proviso) is omitted as executed. The word “reenlistments” is substituted for the words “subsequent enlistments”.

Editorial Notes

Amendments

1961—Pub. L. 87–378 permitted original enlistments for any specified term, not less than three years, for persons who have not served in an armed force, authorized reenlistments for any specified period, or if the person last served in one of the highest five enlisted grades, for an unspecified period, extensions of enlistments or reenlistments at the request of the member for any period not less than six months after termination of the emergency.

Statutory Notes and Related Subsidiaries

Effective Date of 1961 Amendment

Pub. L. 87–378, § 6, Oct. 4, 1961, 75 Stat. 808, provided that:

“The amendments made by sections 3, 4, and 5 of this Act [amending this section and sections 3261 and 8261 of Title 10, Armed Forces] shall not affect any enlistment, reenlistment, or appointment entered into or made before the effective date of this Act [
Oct. 4, 1961].”