32-U.S.C.-323
§323 – Withdrawal of Federal Recognition
Pathway
Title 32 > Chapter 3 > Section 323
Details
- Reference: Section 323
- Legend: §323 – Withdrawal of Federal Recognition
- USCode Year: 2013
Provision Content
(a) Whenever a member of the National Guard ceases to have the qualifications prescribed under section 301 of this title or ceases to be a member of a federally recognized unit or organization of the National Guard, his Federal recognition shall be withdrawn.
(b) Under regulations to be prescribed by the President, the capacity and general fitness of an officer of the National Guard for continued Federal recognition may be investigated at any time by an efficiency board composed of commissioned officers of—
(1) the Regular Army or the Army National Guard of the United States, or both, who out-rank him and who are detailed by the Secretary of the Army, if he is a member of the Army National Guard; or
(2) the Regular Air Force or the Air National Guard of the United States, or both, who outrank him and who are detailed by the Secretary of the Air Force, if he is a member of the Air National Guard.
If the findings of the board are unfavorable to the officer and are approved by the President, his Federal recognition shall be withdrawn.
(c) If a member of the Army National Guard of the United States or the Air National Guard of the United States is transferred to the Army Reserve or the Air Force Reserve, as the case may be, under section 12105, 12213(a), or 12214(a) of title 10, his Federal recognition is withdrawn.
(d) The Federal recognition of a reserve commissioned officer of the Army or the Air Force who is—
(1) federally recognized as an officer of the National Guard; and
(2) subject to involuntary transfer to the Retired Reserve, transfer to an inactive status list, or discharge under chapter 1407, 1409, or 1411 of title 10;
shall, if not sooner withdrawn, be withdrawn on the date of such involuntary transfer or discharge.
(Aug. 10, 1956, ch. 1041, 70A Stat. 607; Pub. L. 85–861, §§2(11), 33(c)(2), Sept. 2, 1958, 72 Stat. 1546, 1567; Pub. L. 103–337, div. A, title XVI, §§1630(2), 1676(a)(3), Oct. 5, 1994, 108 Stat. 2964, 3019.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 323(a)
|
32:154 (last 26 words of last par.). 32:115 (1st sentence, and 1st 24 words of 2d sentence). 50:1116 (last 15 words of 1st sentence). |
June 3, 1916, ch. 134, §76 (1st sentence, and 1st 24 words of 2d sentence); restated June 15, 1933, ch. 87, §13 (1st sentence, and 1st 24 words of 2d sentence), 48 Stat. 158. |
| June 3, 1916, ch. 134, §110 (last 25 words of last par.); restated Sept. 22, 1922, ch. 423, §6 (last 137 words of last par.); restated May 12, 1928, ch. 529 (last 25 words), 45 Stat. 501. | ||
| July 9, 1952, ch. 608, §706 (last 15 words of 1st sentence), 66 Stat. 503. |
In subsection (a) the words ceases to have the qualifications prescribed under section 300 of this title are substituted for 32:154 (last 26 words of last par.), since it is implicit that a member who could not be paid would lose his federally recognized status (see JAGA 1953/9033, 3 Dec. 1953). The last 23 words of subsection (a) are inserted as a necessary implication of the rule stated in section 309(c) of this title.
In subsection (b), the words or warrant officer are omitted, since section 101(9) of this title defines officer to include warrant officers. The word detailed is substituted for the word appointed, since the filling of the positions involved is not appointment to an office in the constitutional sense. The word commissioned is inserted after the words composed of, since the word officer alone, in 32:115, referred to a commissioned officer only (see opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)). The words who outrank him are substituted for the words senior in rank to the officer under investigation.
In subsection (c), the opening clause is substituted for the words such transfer. The words his Federal recognition is withdrawn are substituted for the words shall terminate his federally recognized National Guard or Air National Guard status.
| Section of title 32 | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 323(d)
|
50:1261 (as applicable to Federal recognition). 50:1352(e)(1) (56th through 63d words). 50:1352(e)(2) (78th through 85th words). |
Sept. 3, 1954, ch. 1257, §§324 (as applicable to Federal recognition), 522(e)(1) (56th through 63d words). (e)(2) (78th through 85th words), 68 Stat. 1161, 1181. |
The change [in subsec. (b)(1) and (2)] is necessary to exclude from the efficiency board commissioned officers of the Army Reserve or Air Force Reserve, in accordance with the source law, the first sentence of section 76 of the Act of June 3, 1916, chapter 134 (formerly 32 U.S.C. 115 (1st sentence)).
In subsection (d), the words notwithstanding section 115 of title 32 are omitted as surplusage.
In subsection (e), the words if appropriate are omitted as surplusage.
Amendments
1994—Subsec. (c). Pub. L. 103–337, §1676(a)(3), substituted 12105, 12213(a), or 12214(a) for 3259, 3352(a), 8259, or 8352(a).
Subsecs. (d), (e). Pub. L. 103–337, §1630(2), added subsec. (d) and struck out former subsecs. (d) and (e) which read as follows:
(d) Except as provided in sections 1005 and 1006 of title 10, the Federal recognition of a second lieutenant of the Army National Guard who is discharged under section 3820(c) of title 10 for failure of promotion shall be withdrawn on the date of that discharge.
(e) Except as provided in sections 1005 and 1006 of title 10, the Federal recognition of a reserve officer of the Air Force who is not recommended for promotion under section 8368(c)(1) or (2) of title 10, or who is found to be not qualified for Federal recognition under section 8368(d) or (e) of title 10, shall be withdrawn.
1958—Subsec. (b)(1). Pub. L. 85–861, §33(c)(2), substituted the Regular Army or the Army National Guard of the United States, or both for a regular or reserve component of the Army.
Subsec. (b)(2). Pub. L. 85–861, §33(c)(2), substituted the Regular Air Force or the Air National Guard of the United States, or both for a regular or reserve component of the Air Force.
Subsecs. (d), (e). Pub. L. 85–861, §2(11), added subsecs. (d) and (e).
Effective Date of 1994 Amendment
Amendment by section 1676(a)(3) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, and amendment by section 1630(2) of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.
Effective Date of 1958 Amendment
Amendment by section 33(c)(2) of Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of Title 10, Armed Forces.
Suspension of Subsection (d) of This Section
For authority of the President to suspend subsec. (d) of this section in time of war or emergency declared by Congress, see section 111 of this title.
U.S. Encyclopedia of Law Coverage
32-U.S.C.-309 in the Legal Encyclopedia: National Guard
In this entry about 32-U.S.C.-309, 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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