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32 U.S.C. § 301 — Federal recognition of enlisted members
Federal law — U.S. Code and appendices · legal_authorities
To be eligible for Federal recognition as an enlisted member of the National Guard, a person must have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved. He becomes federally recognized upon enlisting in a federally recognized unit or organization of the National Guard.
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Source file: Laws/federal/codes/united-states-code/title-32/section-301-federal-recognition-of-enlisted-members--b0c30bb5a1.md
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Source location: Title 32, Chapter 3, § 301; chapter-003-personnel.md
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To be eligible for Federal recognition as an enlisted member of the National Guard, a person must have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved. He becomes federally recognized upon enlisting in a federally recognized unit or organization of the National Guard.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The following categories are eligible for Federal recognition as commissioned officers of the National Guard:
(1) Members of the National Guard.
(2) Members of the armed forces.
(3) Former officers of the armed forces.
(4) Former enlisted members of the armed forces who were discharged honorably or under honorable conditions.
(5) Graduates of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the United States Coast Guard Academy, or the United States Merchant Marine Academy.
(6) Graduates of a school, college, university, or officer’s training camp who received military instruction under the supervision of a commissioned officer of the Regular Army or the Regular Air Force, and whose fitness for appointment has been certified by that officer.
(7) Civilians who are specially qualified for duty in a technical or staff branch or organization.
**(b)** To be eligible for Federal recognition under this section with a view to serving as a nurse, a person must be a graduate of a hospital or university training school and a registered nurse.
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 305
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever a member of the National Guard ceases to have the qualifications prescribed under [section 301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section301&num=0&edition=prelim) 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 soo
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 323
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under regulations prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, and subject to subsections (b) and (c), persons may be employed as technicians in—
(1) the organizing, administering, instructing, or training of the National Guard;
(2) the maintenance and repair of supplies issued to the National Guard or the armed forces; and
(3) the performance of the following additional duties to the extent that the performance of those duties does not interfere with the performance of the duties described by paragraphs (1) and (2):
(A) Support of operations or missions undertaken by the technician’s unit at the request of the President or the Secretary of Defense.
(B) Support of Federal training operations or Federal training missions assigned in whole or in part to the technician’s unit.
(C) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of—
(i) active-duty members of the armed forces;
(ii) members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training);
(iii) Department of Defense contractor personnel; or
(iv) Department of Defense civilian employees.
**(b)** Except as authorized in subsection (c), a person employed under subsection (a) must meet each of the following requirements:
(1) Be a military technician (dual status) as defined in [section 10216(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10216/a&num=0&edition=prelim).
(2) Be a member of the National Guard.
(3) Hold the military grade specified by the Secretary concerned for that position.
(4) While performing duties as a militar
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 709
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Federal law — U.S. Code and appendices · legal_authorities
Page 17
TITLE 32—NATIONAL GUARD
§ 302
Sec.
305.
Federal recognition of commissioned officers:
persons eligible.
307.
Federal recognition of officers: examination;
certificate of eligibility.
308.
Federal recognition of officers: temporary
recognition.
309.
Federal recognition of National Guard offi-
cers: officers promoted to fill vacancies.
310.
Federal recognition of National Guard offi-
cers: automatic recognition.
312.
Appointment oath.
313.
Appointments and enlistments: age limita-
tions.
314.
Adjutants general.
315.
Detail of regular members of Army and Air
Force to duty with National Guard.
316.
Detail of members of Army National Guard
for rifle instruction of civilians.
317.
Command during joint exercises with Federal
troops.
[318 to 321. Repealed.]
322.
Discharge of enlisted members.
323.
Withdrawal of Federal recognition.
324.
Discharge of officers; termination of appoint-
ment.
325.
Relief from National Guard duty when or-
dered to active duty.
326.
Courts-martial of National Guard not in Fed-
eral service: composition, jurisdiction, and
procedures.
327.
Courts-martial of National Guard not in Fed-
eral service: convening authority.
328.
Active Guard and Reserve duty: Governor’s
authority.
329.
Prohibition on private funding for interstate
deployment.
[330 to 335. Repealed.]
Editorial Notes
AMENDMENTS
2021—Pub. L. 117–81, div. A, title V, § 512(b), Dec. 27,
2021, 135 Stat. 1683, added item 329.
2006—Pub. L. 109–364, div. A, title V, § 526(b), Oct. 17,
2006, 120 Stat. 2196, added item 328.
2002—Pub. L. 107–314, div. A, title V, § 512(d), Dec. 2,
2002, 116 Stat. 2537, added item 327 and struck out
former items 327 ‘‘General courts-martial of National
Guard not in Federal service’’, 328 ‘‘Special courts-m
Source: Supplied 2024 U.S. Code historical extraction · 32 U.S.C. § 301
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