10 USC 3820: Army National Guard of United States officers: discharge
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10 USC 3820: Army National Guard of United States officers: discharge Text contains those laws in effect on January 4, 1995
From Title 10-ARMED FORCESSubtitle B-ArmyPART II-PERSONNELCHAPTER 361-SEPARATION FOR VARIOUS REASONS
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§3820. Army National Guard of United States officers: discharge

(a) The Secretary may terminate the reserve appointment of an officer of the Army National Guard of the United States and withdraw his Federal recognition as an officer of the Army National Guard, if he has been absent without leave for three months.

(b) An officer of the Army National Guard of the United States whose Federal recognition as an officer of the Army National Guard is withdrawn under section 323(b) of title 32 shall be discharged from his reserve appointment.

(c) Except as provided in sections 1005 and 1006 1 of this title, each second lieutenant of the Army National Guard of the United States who is not promoted before or on the date on which he completes three years of service computed under section 3360(b) of this title, shall be discharged from his reserve appointment.

(Aug. 10, 1956, ch. 1041, 70A Stat. 221 ; Sept. 2, 1958, Pub. L. 85–861, §1(93)(B), 72 Stat. 1482 .)

Repeal of Section

Section repealed effective Oct. 1, 1996, see note set out preceding section 3811 of this title.

Historical and Revision Notes
1956 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3820(a)

3820(b)

 32:115 (less 1st and 2d sentences).

32:115 (2d sentence, less 1st 24 words).

 June 3, 1916, ch. 134, §76 (less 1st sentence and less 1st 24 words of 2d sentence); restated June 15, 1933, ch. 87, §13 (less 1st sentence, and less 1st 24 words of 2d sentence), 48 Stat. 158 ; July 9, 1952, ch. 608, §806(e), 66 Stat. 507 .
1958 Act
Revised sectionSource (U.S. Code)Source (Statutes at Large)
3820(c) 50:1261 (as applicable to Army National Guard of United States). Sept. 3, 1954, ch. 1257, §324 (as applicable to Army National Guard of United States), 68 Stat. 1161 .

In subsection (c), the words "from his reserve appointment" are inserted, since discharge from the Army National Guard is contingent upon other factors.

References in Text

Sections 1005 and 1006 of this title, referred to in subsec. (c), were renumbered sections 12645 and 12646 of this title, respectively, by Pub. L. 103–337, div. A, title XVI, §1662(h)(2), Oct. 5, 1994, 108 Stat. 2996 .

Amendments

1958-Subsec. (c). Pub. L. 85–861 added subsec. (c).

Section Referred to in Other Sections

This section is referred to in sections 123, 3360 of this title; title 32 section 323.

1 See References in Text note below.