32-U.S.C.-307
§307 – Federal Recognition of officers: Examination; Certificate of Eligibility
Pathway
Title 32 > Chapter 3 > Section 307
Details
- Reference: Section 307
- Legend: §307 – Federal Recognition of officers: Examination; Certificate of Eligibility
- USCode Year: 2013
Provision Content
(a) To be eligible for Federal recognition as an officer of the National Guard, a person must—
(1) receive an appointment with a view to filling a vacancy in a federally recognized unit or organization of the National Guard;
(2) have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved; and
(3) except as provided in subsections (d) and (e) of this section, pass an examination for physical, moral, and professional fitness to be prescribed by the President, and subscribe to the oath of office prescribed by section 312 of this title.
(b) The examination prescribed by subsection (a)—
(1) shall be conducted, for the Army National Guard, by a board of three commissioned officers designated by the Secretary of the Army from members of the Regular Army or the Army National Guard of the United States, or both, and for the Air National Guard, by a board of three commissioned officers designated by the Secretary of the Air Force from members of the Regular Air Force or the Air National Guard of the United States, or both; and
(2) may be held before original appointment or promotion.
(c) If such a board finds a person qualified, the Chief of the National Guard Bureau may issue to him a certificate of eligibility for Federal recognition for the office for which he was found qualified. If he is originally appointed or promoted within two years to that office, he is entitled to Federal recognition without further examination, except as to physical condition.
(d) Subject to subsection (a)(1) and (2) and to such physical examination as may be prescribed, Federal recognition shall be extended to each officer of the Army Reserve who has qualified for appointment as an officer of the Army National Guard in his reserve grade. Similarly, Federal recognition shall be extended to each officer of the Air Force Reserve who has qualified for appointment as an officer of the Air National Guard. Federal recognition extended under this subsection is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be.
(e) Subject to subsection (a)(1) and (2), Federal recognition shall be extended to each officer of the Air Force Reserve who is appointed in a commissioned grade in the Air National Guard to fill a vacancy, if on the date on which he is appointed his reserve grade is the same as the grade in which he is appointed or his name is on a recommended list for promotion to that reserve grade.
(f) Federal recognition extended under subsection (d) or (e) is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be.
(Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 85–861, §2(6), Sept. 2, 1958, 72 Stat. 1543; Pub. L. 92–492, §2(b), Oct. 13, 1972, 86 Stat. 810; Pub. L. 96–535, Dec. 16, 1980, 94 Stat. 3165; Pub. L. 103–337, div. A, title XVI, §1676(a)(2), Oct. 5, 1994, 108 Stat. 3019.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 307(a)
|
32:113 (1st sentence). 32:111 (37th through 54th words). 50:1113(a) (as applicable to officers). 32:113 (2d sentence and 1st 24 words of 3d sentence). 32:113 (3d sentence, less 1st 24 words). 50:1115(a) (less last 39 words). |
June 3, 1916, ch. 134, §74 (39th through 56th words); restated June 4, 1920, ch. 227, subch. I, §41 (39th through 56th words), 41 Stat. 781. June 3, 1916, ch. 134, §75; restated June 15, 1933, ch. 87, §12, 48 Stat. 158; July 9, 1952, ch. 608, §803 (10th par.), 66 Stat. 505. |
| July 9, 1952, ch. 608, §§703(a) (as applicable to officers), 705(a) (less last 39 words), 66 Stat. 502. |
In subsection (b), the words prescribed by subsection (a) are substituted for the words to determine such qualifications for appointment. The word designated is substituted for the word appointed, since the filling of the positions involved is not an appointment to office in the constitutional sense. The words of an individual as an officer or warrant officer are omitted as surplusage.
In subsection (c), the word originally is inserted for clarity. The words If such a board finds a person are substituted for the words if the applicant has been found. The words for individual Federal recognition for the office for which he was found qualified are inserted for clarity. The words that office are substituted for the words the office for which he was found qualified.
In subsection (d), the words Notwithstanding the provisions of section 113 of Title 32 are omitted as covered by the words of exception in revised subsection (a). The words Subject to subsection (a)(1) and (2) are inserted, since 50:1115(a) (less last 39 words) was not an exception to that part of 50:1113 relating to qualifications prescribed by the Secretary, or to the requirement that only members of federally recognized units can be federally recognized. The words in his reserve grade are substituted for the words in the same grade in which he is appointed as a Reserve officer of the appropriate Armed Force of the United States. The last sentence is inserted for clarity.
| Section of title 32 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 307(a) 307(e) |
50:1349(b) (1st sentence). 50:1349(b) (less 1st sentence, and less 36th through 58th words of 2d sentence). |
Sept. 3, 1954, ch. 1257, §519(b), 68 Stat. 1179. |
| 307(f) | 50:1349(b) (36th through 58th words of 2d sentence). |
In subsection (e), the words to subsection (a)(1) and (2) are inserted, since 50:1349(b) was not an exception to that part of 50:1113 relating to qualifications prescribed by the Secretary, or to the requirement that only members of federally recognized units can be federally recognized. The words without the examination prescribed in section 113 of Title 32 are omitted as covered by the words of exception in revised subsection (a). The last 37 words are substituted for 50:1349(b) (last 29 words of 2d sentence; and last sentence).
Amendments
1994—Subsec. (a)(3). Pub. L. 103–337 struck out and sections 8365 and 8366 of title 10 after of this section.
1980—Subsec. (g). Pub. L. 96–535 struck out subsec. (g) which prohibited extension of Federal recognition to members of the Virgin Islands National Guard in any grade above colonel.
1972—Subsec. (g). Pub. L. 92–492 added subsec. (g).
1958—Subsec. (a)(3). Pub. L. 85–861, §2(6)(A), substituted subsections (d) and (e) of this section and sections 8365 and 8366 of title 10 for subsection (d).
Subsecs. (e), (f). Pub. L. 85–861, §2(6)(B), added subsecs. (e) and (f).
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.
Suspension of Subsection (e) of This Section
For authority of the President to suspend subsec. (e) of this section in time of war or emergency declared by Congress, see section 111 of this title.
U.S. Encyclopedia of Law Coverage
Title 32 – National Guard in the Legal Encyclopedia: National Guard
In this entry about Title 32 – National Guard, find legal reference material, bibliographies and premiere content related to national guard in the American Encyclopedia of Law, presenting a comprehensive view of the United States national guard-specific issues, written by authorities in the field.
32-U.S.C.-303 in the Legal Encyclopedia: Personnel
In this entry about 32-U.S.C.-303, find legal reference material, bibliographies and premiere content related to personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States personnel-specific issues, written by authorities in the field.
Leave a Reply