Legislation
SECTION 169
Resumption of membership in organized militia by national guardsmen on return from active federal service
Military (MIL) CHAPTER 36, ARTICLE 8
§ 169. Resumption of membership in organized militia by national
guardsmen on return from active federal service. Upon their release
from the service of the United States, the commissioned officers,
warrant officers and enlisted personnel of the New York national guard
who have been in the active military service of the United States under
a call or order into such service, shall resume their membership in the
organized militia subject to the provisions of this section. Such
commissioned officers and warrant officers shall thereupon resume their
status as commissioned officers or warrant officers in the New York
national guard in the grades held by them when ordered or called into
the active military service of the United States or in any higher grade
which they may have attained while in such service, provided such grades
are available under the tables of organization prescribed by federal
regulations. If no vacancies are available under federal tables of
organizations, such officers, if qualified, may be transferred to the
inactive national guard, or to the state reserve list in the grade which
they may have held or attained in the active military service of the
United States. Such enlisted personnel shall continue to serve in the
New York national guard until the dates upon which their enlistments
entered into prior to their order or call would have expired if
uninterrupted by such federal service. Enlisted personnel shall resume
the grades held by them when ordered or called into the active military
service of the United States or any higher grade which they may have
attained while in such service. So far as practicable the personnel
thus released from the active military service of the United States
shall be returned to their former organizations. Upon the return of
such personnel to their former organizations, the personnel of the New
York guard rendered surplus by corresponding reductions in the size of
their units may, in the discretion of the governor, be discharged or
placed upon the state reserve list or state retired list.
guardsmen on return from active federal service. Upon their release
from the service of the United States, the commissioned officers,
warrant officers and enlisted personnel of the New York national guard
who have been in the active military service of the United States under
a call or order into such service, shall resume their membership in the
organized militia subject to the provisions of this section. Such
commissioned officers and warrant officers shall thereupon resume their
status as commissioned officers or warrant officers in the New York
national guard in the grades held by them when ordered or called into
the active military service of the United States or in any higher grade
which they may have attained while in such service, provided such grades
are available under the tables of organization prescribed by federal
regulations. If no vacancies are available under federal tables of
organizations, such officers, if qualified, may be transferred to the
inactive national guard, or to the state reserve list in the grade which
they may have held or attained in the active military service of the
United States. Such enlisted personnel shall continue to serve in the
New York national guard until the dates upon which their enlistments
entered into prior to their order or call would have expired if
uninterrupted by such federal service. Enlisted personnel shall resume
the grades held by them when ordered or called into the active military
service of the United States or any higher grade which they may have
attained while in such service. So far as practicable the personnel
thus released from the active military service of the United States
shall be returned to their former organizations. Upon the return of
such personnel to their former organizations, the personnel of the New
York guard rendered surplus by corresponding reductions in the size of
their units may, in the discretion of the governor, be discharged or
placed upon the state reserve list or state retired list.