N.Y. Military Law § 169: Resumption of membership in organized militia by national guardsmen on return from active federal service

§ 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.