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32 U.S.C. § 323 — Withdrawal of Federal recognition

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

32 U.S.C. § 323 — Withdrawal of Federal recognition

**(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to be a member of a federally recognized unit or organization of the National Guard, his Federal recognition shall be withdrawn.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of the board are unfavorable to the officer and are approved by the President, his Federal recognition shall be withdrawn.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Force Reserve, as the case may be, under section 12105, 12213(a), or 12214(a) of title 10, his Federal recognition is withdrawn.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

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Source file: Laws/federal/codes/united-states-code/title-32/section-323-withdrawal-of-federal-recognition--ce5247b564.md
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Source location: Title 32, Chapter 3, § 323; chapter-003-personnel.md

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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

32 U.S.C. § 301 — Federal recognition of enlisted members

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

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

32 U.S.C. § 115 — Funeral honors duty performed as a Federal function

**(a) Order to Duty.—** A member of the Army National Guard of the United States or the Air National Guard of the United States may be ordered to funeral honors duty, with the consent of the member, to prepare for or perform funeral honors functions at the funeral of a veteran under [section 1491 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1491&num=0&edition=prelim). However, a member of the Army National Guard of the United States or the Air National Guard of the United States may not be ordered to perform funeral honors functions under this section without the consent of the Governor or other appropriate authority of the State concerned. Performance of funeral honors duty by such a member not on active duty or full-time National Guard duty shall be treated as inactive-duty training (including with respect to travel to and from such duty) for purposes of any provision of law other than sections 206 and 435 of title 37. **(b) Service Credit.—** A member ordered to funeral honors duty under this section shall be required to perform a minimum of two hours of such duty in order to receive— (1) service credit under [section 12732(a)(2)(E) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732/a/2/E&num=0&edition=prelim); and (2) as directed by the Secretary concerned, either— (A) the allowance under [section 435 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section435&num=0&edition=prelim); or (B) compensation under [section 206 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim). **(c) Reimbursable Expenses.—** A member who performs funeral honors duty under this section may be reim

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

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

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

50 U.S.C. § 1111 to 1124 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

### Statutory Notes Section 1111, act July 9, 1952, ch. 608, pt. VII, § 701, 66 Stat. 501, provided that National Guard and Air National Guard are reserve components of Army and Air Force. See sections 10105 and 10111 of Title 10, Armed Forces. Section 1112, act July 9, 1952, ch. 608, pt. VII, § 702, 66 Stat. 501, related to composition of National Guard and Air National Guard. See sections 101, 10105, and 10111 of Title 10, Armed Forces, and [section 101 of Title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section101&num=0&edition=prelim), National Guard. Section 1113, act July 9, 1952, ch. 608, pt. VII, § 703, 66 Stat. 502, related to Federal recognition and appointments. See sections 12211 and 12212 of Title 10, Armed Forces, and sections 301, 307 of Title 32, National Guard. Section 1114, act July 9, 1952, ch. 608, pt. VII, § 704, 66 Stat. 502, related to temporary extension of Federal recognition to any officer of National Guard or Air National Guard. See sections 12211 and 12212 of Title 10, Armed Forces, and [section 308 of Title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section308&num=0&edition=prelim), National Guard. Section 1115, act July 9, 1952, ch. 608, pt. VII, § 705, 66 Stat. 502, related to transfers from Army Reserve or Air Force Reserve to National Guard or Air National Guard. See sections 12107, 12211, and 12212 of Title 10, Armed Forces, and [section 307 of Title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section307&num=0&edition=prelim), National Guard. Section 1116, act July 9, 1952, ch. 608, pt. VII, § 706, 66 Stat. 503, related to transfers from National Guard or Air National Guard to Army Reserve or Air Force Reserve. See sections 12105, 12213, and 1

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1111 to 1124

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

50 U.S.C. § 1261 to 1264 — Repealed. Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1569

### Statutory Notes Section 1261, act Sept. 3, 1954, ch. 1257, title III, § 324, 68 Stat. 1161, related to discharge of second lieutenants. See sections 14503 and 14907 of Title 10, Armed Forces, and [section 323 of Title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section323&num=0&edition=prelim), National Guard. Section 1262, acts Sept. 3, 1954, ch. 1257, title III, § 325, 68 Stat. 1161; June 30, 1955, ch. 247, § 9, 69 Stat. 222, provided for discharge or transfer to Retired Reserve of first lieutenants, captains, and majors. See section 14501 et seq. of Title 10, Armed Forces. Section 1263, act Sept. 3, 1954, ch. 1257, title III, § 326, 68 Stat. 1161, prescribed maximum age for discharge or transfer to Retired Reserve. See sections 14508 to 14512 of Title 10. Section 1264, act Sept. 3, 1954, ch. 1257, title III, § 327, 68 Stat. 1162, provided for discharge or transfer to Retired Reserve for length of service. See section 14501 et seq. of Title 10.

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

50 U.S.C. § 1331 to 1357 — Repealed. Pub. L. 85–861, § 36A, Sept. 2, 1958, 72 Stat. 1569

### Statutory Notes Section 1331, acts Sept. 3, 1954, ch. 1257, title V, § 501, 68 Stat. 1171; June 30, 1955, ch. 247, § 4(a), 69 Stat. 219, related to applicability of sections 1331 to 1357 of this title, and defined terms. Section 1332, acts Sept. 3, 1954, ch. 1257, title V, § 502, 68 Stat. 1172; June 30, 1955, ch. 247, § 4(b), 69 Stat. 219, related to promotion and promotion service. See sections 14001 et seq. and 14301 et seq. of Title 10, Armed Forces. Section 1333, act Sept. 3, 1954, ch. 1257, title V, § 503, 68 Stat. 1172, related to authorized numbers and distribution of Reserve officers of the Air Force. See sections 12003 to 12005, 12009, and 12646 of Title 10. Section 1334, acts Sept. 3, 1954, ch. 1257, title V, § 504, 68 Stat. 1173; June 30, 1955, ch. 247, § 4(c), 69 Stat. 219, related to seniority for promotion purposes. See section 14301 et seq. of Title 10. Section 1335, act Sept. 3, 1954, ch. 1257, title V, § 505, 68 Stat. 1173, provided for constructive service credit on appointment. See section 12201 et seq. of Title 10. Section 1336, acts Sept. 3, 1954, ch. 1257, title V, § 506, 68 Stat. 1173; June 30, 1955, ch. 247, § 4(d), 69 Stat. 219, related to minimum service in grade. See section 14301 et seq. of Title 10. Section 1337, act Sept. 3, 1954, ch. 1257, title V, § 507, 68 Stat. 1174, related to time limit for consideration. See section 14301 et seq. of Title 10. Section 1338, acts Sept. 3, 1954, ch. 1257, title V, § 508, 68 Stat. 1174; June 30, 1955, ch. 247, § 4(e), 69 Stat. 219, related to selection boards. See sections 14101 et seq. and 14301 et seq. of Title 10. Section 1339, acts Sept. 3, 1954, ch. 1257, title V, § 509, 68 Stat. 1174; June 30, 1955, ch. 247, § 4(f), 69 Stat. 219, provided for promotion to first lieutenant, and to disch

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

32 U.S.C. § 323 — Withdrawal of Federal recognition

Page 26 TITLE 32—NATIONAL GUARD § 323 (Aug. 10, 1956, ch. 1041, 70A Stat. 606.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 322(a) ...... 322(b) ...... 322(c) ...... 32:154 (last par., less 1st 26, and last 26, words). 32:125 (less last 27 words). 32:125 (last 27 words). June 3, 1916, ch. 134, § 72; restated June 4, 1920, ch. 227, subch. I, § 40; restated June 15, 1933, ch. 87, § 10, 48 Stat. 157; July 9, 1952, ch. 608, § 806(d), 66 Stat. 507. June 3, 1916, ch. 134, § 110 (last par., less 1st 30, and last 25, words); re- stated Sept. 22, 1922, ch. 423, § 6 (last par., less 1st 30, and last 137, words); restated May 12, 1928, ch. 529 (less 1st 30, and last 25, words), 45 Stat. 500. Subsection (a) is substituted for 32:154 (last par., less 1st 26, and last 26, words) to reflect an opinion of the Judge Advocate General of the Army (JAGA 1953/9033, 3 Dec. 1953). In subsection (b), the words ‘‘is entitled to a dis- charge certificate similar in form and classification to the corresponding certificate’’ are substituted for the words ‘‘shall receive a discharge in writing in such form and with such classification as is or shall be’’. The words ‘‘service in’’ are omitted as surplusage. In subsection (c), the words ‘‘his enlistment expires’’ are substituted for the words ‘‘the expiration of terms of enlistment’’. § 323. Withdrawal of Federal recognition (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 organi- zation of the National Guard, his Federal rec- ognition shall be withdrawn. (b) Under regulations to be prescribed by the President, the capacity and gene

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