32-U.S.C.-308
§308 – Federal Recognition of officers: Temporary Recognition
Pathway
Title 32 > Chapter 3 > Section 308
Details
- Reference: Section 308
- Legend: §308 – Federal Recognition of officers: Temporary Recognition
- USCode Year: 2013
Provision Content
(a) The Secretary of the Army may authorize the extension of temporary Federal recognition as an officer of the Army National Guard to any person who has passed the examination prescribed in section 307(b) of this title, pending his appointment as a reserve officer of the Army. The Secretary of the Air Force may do likewise for a person who has passed that examination pending his appointment as a reserve officer of the Air Force. Temporary recognition so extended may be withdrawn at any time. If not sooner withdrawn or replaced by permanent recognition upon appointment as a reserve officer in the same grade, it terminates one year after its effective date.
(b) To be eligible for temporary Federal recognition under subsection (a), a person must take an oath that during the period of temporary recognition he will perform his Federal duties as if he had been appointed as a reserve officer of the Army or the Air Force, as the case may be.
(Aug. 10, 1956, ch. 1041, 70A Stat. 603; Pub. L. 110–181, div. A, title V, §514, Jan. 28, 2008, 122 Stat. 99.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 308(a)
|
50:1114 (less 2d and 3d sentences). 50:1114 (3d sentence). |
July 9, 1952, ch. 608, §704 (less 2d sentence), 66 Stat. 502. |
In subsection (a), the words by regulations are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. The words as an officer of the Army National Guard to any person are substituted for the words to any officer of the National Guard or Air National Guard. The second sentence is inserted for clarity. The words successfully, final determination of his eligibility for, and, in the grade concerned, and automatically are omitted as surplusage. 50:1114 (proviso of last sentence) is omitted as surplusage.
In subsection (b), the words To be eligible for temporary Federal recognition under subsection (a), a person are substituted for the words However, a temporary extension of Federal recognition shall be granted only when the officer. The words the period of temporary recognition are substituted for the words such recognition. The words and obligations required of him and in the same grade are omitted as surplusage.
Amendments
2008—Subsec. (a). Pub. L. 110–181 substituted one year for six months in last sentence.
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.
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