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

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

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

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Source file: Laws/federal/codes/united-states-code/title-32/section-307-federal-recognition-of-officers-examination-certificate-of-eligibility--e651f18656.md
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Source location: Title 32, Chapter 3, § 307; chapter-003-personnel.md

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**(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 extended to each officer of the Army Reserve who has qualified for appointment as an officer of the Army National Guard in his reserve grade. Similarly, Federal recognition shall be extended to each officer of the Air Force Reserve who has qualified for appointment as an officer of the Air National Guard. Federal recognition extended under this subsection is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be. **(e)** Subject to subsection (a)(1) and (2), Federal recognition shall be extended to each officer of the Air Force Reserve who is appointed in a commissioned grade in the Air National Guard to fill a vacancy, if on the date on which he is appointed his reserve grade is the same as the grade in which he is appointed or his name is on a recommended list for promotion to that reserve grade. **(f)** Federal recognition extended under subsection (d) or (e) is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be.

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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. § 113 — Federal financial assistance for support of additional duties assigned to the Army National Guard

**(a) Authority.—** The Secretary of the Army may provide financial assistance to a State to support activities carried out by the Army National Guard of the State in the performance of duties that the Secretary has assigned, with the consent of the Chief of the National Guard Bureau, to the Army National Guard of the State. The Secretary shall determine the amount of the assistance that is appropriate for the purpose. **(b) Covered Activities.—** (1) Except as provided in paragraph (2), financial assistance may be provided for the performance of an activity by the Army National Guard under subsection (a) only if— (A) the activity is carried out in the performance of a responsibility of the Secretary of the Army under paragraph (6), (10), or (11) of [section 7013(b) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7013/b&num=0&edition=prelim); and (B) the Army National Guard was selected to perform the activity under competitive procedures that permit all qualified public-sector and private-sector sources to submit offers and be considered for selection to perform the activity on the basis of the offers, subject to the exceptions provided in [section 3204(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204/a&num=0&edition=prelim). (2) Paragraph (1)(B) does not apply to an activity that, on October 17, 1998, was performed for the Federal Government by employees of the Federal Government or employees of a State. **(c) Disbursement Through National Guard Bureau.—** The Secretary of the Army shall disburse any contribution under this section through the Chief of the National Guard Bureau. **(d) Availability of Funds.—** Funds appropriated for the Army for a fiscal year are availa

Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 113

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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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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

10 U.S.C. § 1370a — Officers entitled to retired pay for non-regular service

**(a) Retirement in Highest Grade Held Satisfactorily.—** Unless entitled to a different grade, or to credit for satisfactory service in a different grade under some other provision of law, a person who is entitled to retired pay under chapter 1223 of this title shall, upon application under [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim), be credited with satisfactory service in the highest permanent grade in which that person served satisfactorily at any time in the armed forces, as determined by the Secretary of the military department concerned in accordance with this section. **(b) Service-in-grade Requirement for Officers in Grades Below O–5.—** In order to be credited with satisfactory service in an officer grade (other than a warrant officer grade) below the grade of lieutenant colonel or commander (in the case of the Navy), a person covered by subsection (a) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than six months. **(c) Service-in-grade Requirement for Offices in Grades Above O–4.—** (1) **In general.—** — In order to be credited with satisfactory service in an officer grade above major or lieutenant commander (in the case of the Navy), a person covered by subsection (a) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than three years. (2) **Satisfaction of requirement by certain officers not completing three years.—** —

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1370a

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

10 U.S.C. § 14301 — Eligibility for consideration for promotion: general rules

**(a) One-Year Rule.—** An officer is eligible under this chapter for consideration for promotion by a promotion board convened under [section 14101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim) only if— (1) the officer is on the reserve active-status list of the Army, Navy, Air Force, or Marine Corps; and (2) during the one-year period ending on the date of the convening of the promotion board the officer has continuously performed service on either the reserve active-status list or the active-duty list (or on a combination of both lists). **(b) Requirement for Consideration of All Officers In and Above the Zone.—** Whenever a promotion board (other than a vacancy promotion board) is convened under [section 14101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim) for consideration of officers in a competitive category who are eligible under this chapter for consideration for promotion to the next higher grade, each officer in the promotion zone, and each officer above the promotion zone, for that grade and competitive category shall be considered for promotion. **(c) Certain Officers Not To Be Considered.—** A promotion board convened under [section 14101(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14101/a&num=0&edition=prelim) may not consider for promotion to the next higher grade any of the following officers: (1) An officer whose name is on a promotion list for that grade as a result of recommendation for promotion to that grade by an earlier selection board convened under that section or [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granu

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14301

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

10 U.S.C. § 14316 — Army National Guard and Air National Guard: appointment to and Federal recognition in a higher reserve grade after selection for promotion

**(a) Opportunity for Promotion To Fill a Vacancy in the Guard.—** If an officer of the Army National Guard of the United States or the Air National Guard of the United States is recommended by a mandatory selection board convened under section 14101(a) or a special selection board convened under [section 14502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14502&num=0&edition=prelim) for promotion to the next higher grade, an opportunity shall be given to the appropriate authority of the State to promote that officer to fill a vacancy in the Army National Guard or the Air National Guard of that jurisdiction. **(b) Automatic Federal Recognition.—** An officer of the Army National Guard of the United States or the Air National Guard of the United States who is on a promotion list for promotion to the next higher grade as a result of selection for promotion as described in subsection (a) and who before the date of promotion is appointed in that higher grade to fill a vacancy in the Army National Guard or Air National Guard shall— (1) be extended Federal recognition in that grade, without the examination prescribed in [section 307 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section307&num=0&edition=prelim); and (2) subject to [section 14311(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section14311/e&num=0&edition=prelim), be promoted to that reserve grade effective on the date of the officer’s appointment in that grade in the Army National Guard or Air National Guard. **(c) National Guard Officers Failed of Selection.—** An officer who is considered as failed of selection for promotion under [section 14501 of this title](https://uscode.house.gov/v

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14316

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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. § 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1331 to 1357

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

32 U.S.C. § 307 — Federal recognition of officers: examina-

Page 20 TITLE 32—NATIONAL GUARD § 307 1958 ACT Section of title 32 Source (U.S. Code) Source (Statutes at Large) 305(b) ...... 32 App.:4 (less applica- bility to age). July 30, 1956, ch. 789, §§ 2 (less applicability to age), 3, 70 Stat. 729. The words ‘‘who are citizens of the United States’’ are omitted as covered by section 313(b) of this title. The words ‘‘with a view to serving’’ are substituted for the words ‘‘to serve’’. The words ‘‘and have the physical and other qualifications prescribed by the Secretary of the Army’’ and section 3 of the source statute are omit- ted as covered by section 307(a)(2) of this title. The ap- plicability of section 3 of the source statute to section 1 of the source statute is omitted as unnecessary. Editorial Notes AMENDMENTS 2011—Subsec. (a)(5). Pub. L. 111–383 substituted ‘‘the United States Coast Guard Academy, or the United States Merchant Marine Academy’’ for ‘‘or the United States Coast Guard Academy’’. 2004—Subsec. (a)(2) to (4). Pub. L. 108–375, § 505(1), sub- stituted ‘‘armed forces’’ for ‘‘Army, Navy, Air Force, or Marine Corps’’. Subsec. (a)(5). Pub. L. 108–375, § 505(2), substituted ‘‘the United States Air Force Academy, or the United States Coast Guard Academy’’ for ‘‘or the United States Air Force Academy’’. 1967—Subsec. (a). Pub. L. 90–130, § 2(1)(A), struck out provision that, except as provided in subsec. (b), only male persons from the enumerated categories were eli- gible for Federal recognition as commissioned officers of the National Guard. Subsec. (b). Pub. L. 90–130, § 2(1)(B), (C), struck out provision that women are eligible for Federal recogni- tion as commissioned officers of the National Guard, with a view to serving as nurses or medical specialist, and substituted ‘‘perso

Source: Supplied 2024 U.S. Code historical extraction · 32 U.S.C. § 307

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