32 USC § 303 - Active and inactive enlistments and transfers

---
identifier: "/us/usc/t32/s303"
source: "usc"
legal_status: "official_legal_evidence"
title: "32 USC § 303 - Active and inactive enlistments and transfers"
title_number: 32
title_name: "NATIONAL GUARD"
section_number: "303"
section_name: "Active and inactive enlistments and transfers"
chapter_number: 3
chapter_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
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.)"
---


# § 303. Active and inactive enlistments and transfers

**(a)** 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.

**(b)** 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.

**(c)** 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.

**(d)**

**(1)** Under regulations prescribed by the Secretary of the Army—

**(A)** 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

**(B)** 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.

**(2)** Under regulations prescribed by the Secretary of the Air Force—

**(A)** 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

**(B)** 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.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 303(a)303(b)303(c) 303(d) | 32:132.32:133 (less proviso).32:154 (1st 26 words of last par.).32:133 (proviso). | June 3, 1916, ch. 134, § 78 (1st and 2d sentences); restated June 4, 1920, ch. 227, subch. I, § 42 (less provisos); restated Feb. 28, 1925, ch. 371, § 2 (1st and 2d sentences); restated June 15, 1933, ch. 87, § 15 (1st and 2d sentences), 48 Stat. 159; July 9, 1952, ch. 608, § 806(f), 66 Stat. 507. |
|  |  | June 3, 1916, ch. 134, § 110 (1st 30 words of last par.); restated Sept. 22, 1922, ch. 423, § 6 (1st 30 words of last par.); restated May 12, 1928, ch. 529 (1st 30 words), 45 Stat. 500. |

In subsection (a), 32:132 (last 23 words) is omitted as covered by .

In subsection (b), the words “Under such regulations as the Secretary may prescribe” are substituted for the word “likewise”.

In subsection (c), the words “in the inactive * * * National Guard” are substituted for the words “not on the active list”, since there is no active list prescribed for the National Guard.

In subsection (d), the words “under any enlistment” are omitted as surplusage.

## Editorial Notes

### Amendments

2025—Subsec. (d).  added subsec. (d).

1980—Subsecs. (c), (d).  redesignated subsec. (d) as (c).

1962—Subsec. (c).  repealed subsec. (c) which provided that a person enlisted in inactive Army National Guard or inactive Air National Guard is not entitled to pay under .

## Statutory Notes and Related Subsidiaries

### Effective Date of 1980 Amendment

Amendment by  effective , see , set out as a note under , Armed Forces.

### Effective Date of 1962 Amendment

Amendment by  effective , see , set out as an Effective Date note preceding , Pay and Allowances of the Uniformed Services.