Page:United States Statutes at Large Volume 70A.djvu/665

607 60T (2) his Federal recognition is withdrawn. (b) An enlisted member who is discharged from the National Guard is entitled to a discharge certificate similar in form and classifies 1; on to the corresponding certificate prescribed for members of the Regular Army or the Regular Air Force, as the case may be. (c) I n time of peace, an enlisted member of the National Guard may be discharged before his enlistment expires, under such regulations as may be prescribed by the Secretary of the Army or the' Secretary of the Air Force, as the case may be. § 323. Withdrawal of Federal recognition (a) Whenever a member of the National Guard ceases to have the' qualifications prescribed under section 301 of this title or ceases to be a member of a federally recognized unit or organization of the' National Guard, his Federal recognition shall be withdrawn. (b) Under regulations to be prescribed by the President, the capacity and general fitness of an officer of the National Guard for continued Federal recognition may be investigated at any time by an efficiency board composed of commissioned officers of— (1) a regular or reserve component of the Army who outrank' him and who are detailed by the Secretary of the Army, if he is a member of the Army National Guard; or (2) a regular or reserve component of the Air Force who outrank him and who are detailed by the Secretary of the Air Force, if he is a member of the Air National Guard. If the findings of the board are unfavorable to the officer and are approved by the President, his Federal recognition shall be withdrawn. (c) If a member of the Army National Guard of the United States or the Air National Guard of the United States is transferred to the Army Reserve or the Air Force Reserve, as the case may be, under section 3259, 3352 (a), 8259, or 8352 (a) of title 10, his Federal recognition is withdrawn. § 324. Discharge of officers; termination of appointment (a) An officer of the National Guard shall be discharged when— (1) he becomes 64 years of age; or (2) his Federal recognition is withdrawn. The official who would be authorized to appoint him shall give him a discharge certificate. (b) Subject to subsection (a), the appointment of an officer of the National Guard may be terminated or vacated as provided by the laws of the State or Territory of whose National Guard he is a member, or by the laws of Puerto Rico, the Canal Zone, or the District of Columbia, if he is a member of its National Guard. § 325. Relief from National Guard duty when orderdd to active! duty (a) Each member of the Army National Guard of the United States or the Air National Guard of the United States who is ordered to active duty is relieved from duty in the National Guard of his State or Territory, or of Puerto Rico, the Canal Zone, or the District of Columbia, as the case may be, from the effective date of his order to active duty until he is relieved from that duty.

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