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U.S. Code as of:
01/19/04
Section 325. Relief from National Guard duty when ordered to active duty
(a) Relief Required. - (1) 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
Territory, or of Puerto Rico 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.
(2) 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 Territory, or of Puerto
Rico or the District of Columbia, under paragraph (1) while serving
on active duty in command of a National Guard unit if -
(A) the President authorizes such service in both duty
statuses; and
(B) the Governor of his State or Territory or Puerto Rico, or
the commanding general of the District of Columbia National
Guard, as the case may be, consents to such service in both duty
statuses.
(b) Return to State Status. - 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.
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