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50 U.S.C. § 1251 to 1255 — Repealed.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

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50 U.S.C. § 1251 to 1255 — Repealed.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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Source file: Laws/federal/codes/united-states-code/title-50/section-1251-to-1255-50-u-s-c-1251-to-1255-repealed-pub-l-85861-36a-sept-2-1958-72-stat-1569--e8df694f77.md
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Source location: Title 50, Chapter 27, § 1251 to 1255; chapter-027-reserve-officer-personnel-program.md

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

10 U.S.C. § 12213 — Officers; Army Reserve: transfer from Army National Guard of the United States

**(a)** Under such regulations as the Secretary of the Army may prescribe, and with the consent of the governor or other appropriate authority of the State concerned, an officer of the Army National Guard of the United States may be transferred in grade to the Army Reserve. **(b)** Unless discharged from his appointment as a Reserve, an officer of the Army National Guard of the United States whose Federal recognition as a member of the Army National Guard is withdrawn becomes a member of the Army Reserve. An officer who so becomes a member of the Army Reserve ceases to be a member of the Army National Guard of the United States.

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

32 U.S.C. § 309 — Federal recognition of National Guard officers: officers promoted to fill vacancies

Each officer of the National Guard who is promoted to fill a vacancy in a federally recognized unit of the National Guard, and who has been on the reserve active-status list or the active-duty list of the Army or the Air Force for at least one year and has completed the minimum years of service in grade specified in [section 14303 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14303&num=0&edition=prelim), shall be examined for Federal recognition in the grade to which the officer is promoted.

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