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32 U.S.C. § 309 — Federal recognition of National Guard officers: officers promoted to fill vacancies
Federal law — U.S. Code and appendices · legal_authorities
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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Stable record: federal_law:legal_authorities:record_usc_db324b8fa787a4c54e0d534b
Source file: Laws/federal/codes/united-states-code/title-32/section-309-federal-recognition-of-national-guard-officers-officers-promoted-to-fill--04986e14ad.md
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Source location: Title 32, Chapter 3, § 309; chapter-003-personnel.md
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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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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 111
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Officers in Pay Grades O–1 and O–2.—** An officer who is on the reserve active-status list of the Army, Navy, Air Force, or Marine Corps and holds a permanent appointment in the grade of second lieutenant or first lieutenant as a reserve officer of the Army, Air Force, or Marine Corps, or in the grade of ensign or lieutenant (junior grade) as a reserve officer of the Navy, may not be promoted to the next higher grade, or granted Federal recognition in that grade, until the officer has completed the following years of service in grade:
(1) Eighteen months, in the case of an officer holding a permanent appointment in the grade of second lieutenant or ensign.
(2) Two years, in the case of an officer holding a permanent appointment in the grade of first lieutenant or lieutenant (junior grade).
**(b) Officers in Pay Grades O–3 and Above.—** Subject to subsection (d), an officer who is on the reserve active-status list of the Army, Air Force, or Marine Corps and holds a permanent appointment in a grade above first lieutenant, or who is on the reserve active-status list of the Navy in a grade above lieutenant (junior grade), may not be considered for selection for promotion to the next higher grade, or examined for Federal recognition in the next higher grade, until the officer has completed the following years of service in grade:
(1) Three years, in the case of an officer of the Army, Air Force, or Marine Corps holding a permanent appointment in the grade of captain, major, or lieutenant colonel or in the case of a reserve officer of the Navy holding a permanent appointment in the grade of lieutenant, lieutenant commander, or commander.
(2) One year, in the case of an officer of the Army, Air Force, or Marine Corps holding a permanent appointment in the grade of c
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 14303
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10001
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Federal law — U.S. Code and appendices · legal_authorities
### 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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1251 to 1255
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Federal law — U.S. Code and appendices · legal_authorities
Page 21
TITLE 32—NATIONAL GUARD
§ 309
ment to office in the constitutional sense. The words
‘‘of an individual as an officer or warrant officer’’ are
omitted as surplusage.
In subsection (c), the word ‘‘originally’’ is inserted
for clarity. The words ‘‘If such a board finds a person’’
are substituted for the words ‘‘if the applicant has been
found’’. The words ‘‘for individual Federal recognition
for the office for which he was found qualified’’ are in-
serted for clarity. The words ‘‘that office’’ are sub-
stituted for the words ‘‘the office for which he was
found qualified’’.
In subsection (d), the words ‘‘Notwithstanding the
provisions of section 113 of Title 32’’ are omitted as cov-
ered by the words of exception in revised subsection (a).
The words ‘‘Subject to subsection (a)(1) and (2)’’ are in-
serted, since 50:1115(a) (less last 39 words) was not an
exception to that part of 50:1113 relating to qualifica-
tions prescribed by the Secretary, or to the require-
ment that only members of federally recognized units
can be federally recognized. The words ‘‘in his reserve
grade’’ are substituted for the words ‘‘in the same
grade in which he is appointed as a Reserve officer of
the appropriate Armed Force of the United States’’.
The last sentence is inserted for clarity.
1958 ACT
Section of
title 32
Source (U.S. Code)
Source (Statutes at Large)
307(a) ......
307(e) ......
50:1349(b) (1st sentence).
50:1349(b) (less 1st sen-
tence, and less 36th
through 58th words of
2d sentence).
Sept. 3, 1954, ch. 1257,
§ 519(b), 68 Stat. 1179.
307(f) .......
50:1349(b) (36th through
58th words of 2d sen-
tence).
In subsection (e), the words ‘‘to subsection (a)(1) and
(2)’’ are inserted, since 50:1349(b) was not an exception
to that part of 50:1113 relati
Source: Supplied 2024 U.S. Code historical extraction · 32 U.S.C. § 309
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