Relief from National Guard duty when ordered to active duty
United States Code
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Frequently CitedTop 11% most-cited · cited by 17 decisions
17
Citing decisions
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Courts citing this statute
Most recently cited by10
- 2026United States v. Specialist YORUBA J. JONES A.C.C.A.
- 2025DC v. Donald Trump D.C. Cir.
- 2025Christiansen v. Major General Morrell S.D.
- 2005United States v. DiMuccio A.F. Ct. Crim. App.
- 2005Sullivan v. State N.C. Ct. App.
- 2003Clark v. United States Fed. Cir.
- 2002Nelson v. Geringer 10th Cir.
- 2001Bowen v. United States Fed. Cl.
- 2000United States v. Wilson C.A.A.F.
- 2000Doggett v. State Ala. Crim. App.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Text
Except as provided in paragraph (2), 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 of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands 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. the President authorizes such service in both duty statuses; and the Governor of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, consents to such service in both duty statuses. The President and the Governor of a State or Territory, or of the Commonwealth of Puerto Rico, or the commanding general of the District of Columbia National Guard, as applicable, may give the authorization or consent required by subsection (a)(2) with respect to an officer in advance for the purpose of establishing the succession of command of a unit. So far as practicable, members, organizations, and units of the Army National Guard of the United States or the Air National Guard of the United States ordered to active duty shall be returned to their National Guard status upon relief from that duty. An officer of the Army National Guard of the United States or the Air National Guard of the United States is not relieved from duty in the National Guard of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands or the District of Columbia, under paragraph (1) while serving on active duty if— (Source: (Aug. 10, 1956, ch. 1041, 70A Stat. 607; Pub. L. 100–456, div. A, title XII, § 1234(b)(6), Sept. 29, 1988, 102 Stat. 2059; Pub. L. 108–136, div. A, title V, § 516, Nov. 24, 2003, 117 Stat. 1461; Pub. L. 109–163, div. A, title X, § 1057(b)(6), Jan. 6, 2006, 119 Stat. 3442; Pub. L. 110–417, [div. A], title V, § 517, Oct. 14, 2008, 122 Stat. 4442.))