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32 U.S.C. § 312 — Appointment oath

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

32 U.S.C. § 312 — Appointment oath

Each person who is appointed as an officer of the National Guard shall subscribe to the following oath:

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Source location: Title 32, Chapter 3, § 312; chapter-003-personnel.md

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Each person who is appointed as an officer of the National Guard shall subscribe to the following oath:

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

10 U.S.C. § 12201 — Reserve officers: qualifications for appointment

**(a)** (1) To become an officer of a reserve component a person must be appointed as a Reserve of an armed force in a grade corresponding to a grade authorized for the regular component of the armed force concerned and, except as provided in paragraph (2), subscribe to the oath prescribed by [section 3331 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3331&num=0&edition=prelim). In addition, to become an officer of the Army National Guard of the United States or the Air National Guard of the United States, he must first be appointed to, and be federally recognized in, the same grade in the Army National Guard or the Air National Guard, as the case may be. (2) If an officer is transferred from the active-duty list of an armed force to a reserve active-status list of an armed force in accordance with regulations prescribed by the Secretary of Defense, the officer is not required to subscribe to the oath referred to in paragraph (1) in order to qualify for an appointment under that paragraph. **(b)** Except as otherwise provided by law, the Secretary concerned shall prescribe physical, mental, moral, professional, and age qualifications for the appointment of persons as Reserves of the armed forces under his jurisdiction. However, no person may be appointed as a Reserve unless he is at least 18 years of age and— (1) he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act ([8 U.S.C. 1101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) et seq.); or (2) he has previously served in the armed forces or in the National Security Training Corps. **(c)** A person who is otherwise quali

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

32 U.S.C. § 307 — Federal recognition of officers: examination; certificate of eligibility

**(a)** To be eligible for Federal recognition as an officer of the National Guard, a person must— (1) receive an appointment with a view to filling a vacancy in a federally recognized unit or organization of the National Guard; (2) have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved; and (3) except as provided in subsections (d) and (e) of this section, pass an examination for physical, moral, and professional fitness to be prescribed by the President, and subscribe to the oath of office prescribed by [section 312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section312&num=0&edition=prelim). **(b)** The examination prescribed by subsection (a)— (1) shall be conducted, for the Army National Guard, by a board of three commissioned officers designated by the Secretary of the Army from members of the Regular Army or the Army National Guard of the United States, or both, and for the Air National Guard, by a board of three commissioned officers designated by the Secretary of the Air Force from members of the Regular Air Force or the Air National Guard of the United States, or both; and (2) may be held before original appointment or promotion. **(c)** If such a board finds a person qualified, the Chief of the National Guard Bureau may issue to him a certificate of eligibility for Federal recognition for the office for which he was found qualified. If he is originally appointed or promoted within two years to that office, he is entitled to Federal recognition without further examination, except as to physical condition. **(d)** Subject to subsection (a)(1) and (2) and to such physical examination as may be prescribed, Federal recognition shall be

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

32 U.S.C. § 312 — Appointment oath

Page 23 TITLE 32—NATIONAL GUARD § 314 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. § 312. Appointment oath Each person who is appointed as an officer of the National Guard shall subscribe to the fol- lowing oath: ‘‘I, llllll, do solemnly swear (or af- firm) that I will support and defend the Con- stitution of the United States and the Con- stitution of the State of llllll against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of llllll, that I make this obliga- tion freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of llll in the National Guard of the State of llllll upon which I am about to enter, so help me God.’’ (Aug. 10, 1956, ch. 1041, 70A Stat. 603.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 312 .......... 32:112. June 3, 1916, ch. 134, § 73 (1st par.); restated June 15, 1933, ch. 87, § 11 (1st par.), 48 Stat. 157; July 9, 1952, ch. 608, § 806(c), 66 Stat. 507. The words ‘‘Each person who is appointed as an’’ are inserted for clarity. § 313. Appointments and enlistments: age limita- tions (a) To be eligible for original enlistment in the National Guard, a person must be at least 17 years of age and under 45, or under 64 years of age and a former member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps. To be eligible for reenlistment, a person must be under 64 years of age. (b) To be eligible for appointment a

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