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32 U.S.C. § 310 — Federal recognition of National Guard officers: automatic recognition

Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 310 — Federal recognition of National Guard officers: automatic recognition

**(a)** (1) Notwithstanding sections 307 and 309 of this title, if a second lieutenant of the National Guard is promoted to the grade of first lieutenant to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade of first lieutenant, effective as of the date on which that officer has completed the service in the grade specified in [section 14303(a)(1) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14303/a/1&num=0&edition=prelim) and has met such other requirements as prescribed by the Secretary concerned under section 14308(b) of that title, if the officer has remained in an active status since the officer was so recommended. (2) Notwithstanding sections 307 and 309 of this title, if a warrant officer, W–1, of the National Guard is promoted to the grade of chief warrant officer, W–2, to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade of chief warrant officer, W–2, effective as of the date on which that officer has completed the service in the grade prescribed by the Secretary concerned under [section 12242 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12242&num=0&edition=prelim), if the warrant officer has remained in an active status since the warrant officer was so recommended. **(b)** Notwithstanding sections 307 and 309 of this title, if an officer of the Army Reserve or the Air Force Reserve in a reserve grade above second lieutenant is appointed in the next higher grade in the National Guard to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automaticall

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Stable record: federal_law:legal_authorities:record_usc_0c848a5f59169bf38a2388ef
Source file: Laws/federal/codes/united-states-code/title-32/section-310-federal-recognition-of-national-guard-officers-automatic-recognition--4e3a41eda9.md
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Source location: Title 32, Chapter 3, § 310; chapter-003-personnel.md

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**(a)** (1) Notwithstanding sections 307 and 309 of this title, if a second lieutenant of the National Guard is promoted to the grade of first lieutenant to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade of first lieutenant, effective as of the date on which that officer has completed the service in the grade specified in [section 14303(a)(1) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14303/a/1&num=0&edition=prelim) and has met such other requirements as prescribed by the Secretary concerned under section 14308(b) of that title, if the officer has remained in an active status since the officer was so recommended. (2) Notwithstanding sections 307 and 309 of this title, if a warrant officer, W–1, of the National Guard is promoted to the grade of chief warrant officer, W–2, to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade of chief warrant officer, W–2, effective as of the date on which that officer has completed the service in the grade prescribed by the Secretary concerned under [section 12242 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12242&num=0&edition=prelim), if the warrant officer has remained in an active status since the warrant officer was so recommended. **(b)** Notwithstanding sections 307 and 309 of this title, if an officer of the Army Reserve or the Air Force Reserve in a reserve grade above second lieutenant is appointed in the next higher grade in the National Guard to fill a vacancy in a federally recognized unit in the National Guard, Federal recognition is automatically extended to that officer in the grade in which the officer is so appointed in the National Guard if the officer has been recommended for promotion under chapter 1405 of title 10 and has remained in an active status since the officer was so recommended. The extension of Federal recognition under this subsection is effective as of the date when the officer is appointed in the National Guard.

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 111 — Suspension of certain provisions of this title

In time of war, or of emergency declared by Congress, the President may suspend the operation of any provision of sections 307(e), 309, 310, and 323(d) and (e) 11 See References in Text note below. of this title with respect to the Army National Guard or the Air National Guard.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 12242 — Warrant officers: promotion

The promotion of permanent reserve warrant officers not on the warrant officer active-duty list to permanent reserve warrant officer grades shall be governed by such regulations as the Secretary concerned may prescribe.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 10001 — Definition of State

In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1251 to 1255 — Repealed. Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1569

### Statutory Notes Section 1251, act Sept. 3, 1954, ch. 1257, title III, § 319, 68 Stat. 1160, related to examination for Federal recognition upon unit vacancy promotion. See [section 309 of Title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section309&num=0&edition=prelim), National Guard. Section 1252, act Sept. 3, 1954, ch. 1257, title III, § 320, 68 Stat. 1160, related to extension of automatic Federal recognition to higher grade. See [section 310 of Title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section310&num=0&edition=prelim). Section 1253, act Sept. 3, 1954, ch. 1257, title III, § 321, 68 Stat. 1160, provided for promotion to higher grade upon recognition. See [section 14308(f) of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14308/f&num=0&edition=prelim), Armed Forces. Section 1254, act Sept. 3, 1954, ch. 1257, title III, § 322, 68 Stat. 1161, provided for promotion upon transfer to Army Reserve. See [section 12213 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12213&num=0&edition=prelim). Section 1255, act Sept. 3, 1954, ch. 1257, title III, § 323, 68 Stat. 1161, provided for appointment of adjutants general and assistant adjutants general as Reserve officers. See [section 12215(a) of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12215/a&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 310 — Federal recognition of National Guard offi-

Page 22 TITLE 32—NATIONAL GUARD § 310 (Added Pub. L. 85–861, § 2(7), Sept. 2, 1958, 72 Stat. 1543; amended Pub. L. 103–337, div. A, title XVI, § 1630(1), Oct. 5, 1994, 108 Stat. 2963.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 309 .......... 50:1251. Sept. 3, 1954, ch. 1257, § 319, 68 Stat. 1160. The words ‘‘authorized under section 1227(a) of this title’’ are omitted as surplusage. Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 substituted ‘‘National Guard of- ficers: officers’’ for ‘‘officers: Army National Guard; of- ficers’’ in section catchline and amended text gen- erally. Prior to amendment, text read as follows: ‘‘Each officer of the Army National Guard who is promoted to fill a vacancy in a federally recognized unit thereof, and who is eligible for promotion under section 3363(b) of title 10, shall be examined for Federal recognition in the grade to which he is promoted. However, a second lieutenant or first lieutenant of the Army National Guard who has served creditably for at least one year in a position prescribed to be filled by a captain, and who has not previously been federally recognized under this section, may be examined for Federal recognition in the next higher grade without regard to section 3363(b) of title 10.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as an Effec- tive Date note under section 10001 of Title 10, Armed Forces. SUSPENSION OF THIS SECTION For authority of the President to suspend this sec- tion in time of war or emergency declared by Congress, see section 111 of this title. § 310. Federal recognition of National Guard off

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