New York Consolidated Laws, Military Law - MIL § 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.