32 U.S.C. § 305 — Federal recognition of commissioned offi-

Page 19 TITLE 32—NATIONAL GUARD § 305 § 304. Enlistment oath Each person enlisting in the National Guard shall sign an enlistment contract and subscribe to the following oath: ‘‘I do hereby acknowledge to have volun- tarily enlisted this ll day of llll, 19l, in the llllll National Guard of the State of llllll for a period of ll year(s) under the conditions prescribed by law, unless soon- er discharged by proper authority. ‘‘I, llllllll, do solemnly swear (or af- firm) that I will support and defend the Con- stitution of the United States and of the State of llllll against all enemies, foreign and domestic; that I will bear true faith and alle- giance to them; and that I will obey the orders of the President of the United States and the Governor of llllll and the orders of the officers appointed over me, according to law and regulations. So help me God.’’ The oath may be taken before any officer of the National Guard of the State or Territory, or of Puerto Rico, or the District of Columbia, as the case may be, or before any other person author- ized by the law of the jurisdiction concerned to administer oaths of enlistment in the National Guard. (Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 87–751, § 2, Oct. 5, 1962, 76 Stat. 748; Pub. L. 100–456, div. A, title XII, § 1234(b)(1), Sept. 29, 1988, 102 Stat. 2059.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 304 .......... 32:123. June 3, 1916, ch. 134, § 70; restated June 4, 1920, ch. 227, subch. I, § 38; restated June 15, 1933, ch. 87, § 8, 48 Stat. 156; June 19, 1935, ch. 277, § 3, 49 Stat. 391; July 9, 1952, ch. 608, § 806(b), 66 Stat. 506. The words ‘‘or affirmation’’ are omitted as covered by the definition of the word ‘‘oath’’ in section 1 of title 1. The words ‘‘Each person’’ are substituted for the word ‘‘Men’’. The words ‘‘llllll National Guard’’ are substituted for the words ‘‘National Guard (Air Na- tional Guard)’’. Editorial Notes AMENDMENTS 1988—Pub. L. 100–456 struck out ‘‘the Canal Zone,’’ after ‘‘Puerto Rico,’’. 1962—Pub. L. 87–751 substituted ‘‘support and defend the Constitution of the United States and of the State of llllll against all enemies, foreign and domes- tic; that I will bear true faith and allegiance to them’’ for ‘‘bear true faith and allegiance to the United States of America and to the State of llllll: That I will serve them honestly and faithfully against all their en- emies whomsoever’’ and inserted ‘‘So help me God.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87–751 not to effect any oath taken before one year after Oct. 5, 1962, see section 3 of Pub. L. 87–751, set out as a note under section 502 of Title 10, Armed Forces. § 305. Federal recognition of commissioned offi- cers: persons eligible (a) The following categories are eligible for Federal recognition as commissioned officers of the National Guard: (1) Members of the National Guard. (2) Members of the armed forces. (3) Former officers of the armed forces. (4) Former enlisted members of the armed forces who were discharged honorably or under honorable conditions. (5) Graduates of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the United States Coast Guard Academy, or the United States Merchant Marine Academy. (6) Graduates of a school, college, university, or officer’s training camp who received mili- tary instruction under the supervision of a commissioned officer of the Regular Army or the Regular Air Force, and whose fitness for appointment has been certified by that officer. (7) Civilians who are specially qualified for duty in a technical or staff branch or organiza- tion. (b) To be eligible for Federal recognition under this section with a view to serving as a nurse, a person must be a graduate of a hospital or uni- versity training school and a registered nurse. (Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 85–861, § 2(5), Sept. 2, 1958, 72 Stat. 1543; Pub. L. 90–130, § 2(1), Nov. 8, 1967, 81 Stat. 383; Pub. L. 108–375, div. A, title V, § 505, Oct. 28, 2004, 118 Stat. 1875; Pub. L. 111–383, div. A, title V, § 517, Jan. 7, 2011, 124 Stat. 4214.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 305 .......... 32:111 (less 37th through 54th words). June 3, 1916, ch. 134, § 74 (less 39th through 56th words); restated June 4, 1920, ch. 227, subch. I, § 41 (less 39th through 56th words), 41 Stat. 781. The word ‘‘individual’’ is inserted for clarity to dis- tinguish the individual Federal recognition that is nec- essary to membership as an officer from the general Federal recognition that is necessary to all member- ship in the National Guard (see section 301 of this title). The words ‘‘June 4, 1920’’ are omitted as obsolete. The words ‘‘Only persons selected from the following cat- egories are eligible for individual Federal recognition as commissioned officers’’ are substituted for the words ‘‘Persons commissioned * * * shall not be recognized as such under any of the provisions of this title unless they shall have been selected from the following class- es’’. In clause (2), the words ‘‘reserve officers’’ are omitted as covered by the words ‘‘members of the Army, Navy, Air Force, or Marine Corps’’. In clause (4), the words ‘‘under honorable conditions’’ are inserted for clarity. In clause (5), the words ‘‘the United States Air Force Academy’’ are inserted to reflect the establishment of that institution by the Air Force Academy Act (68 Stat. 47). In clause (7), the words ‘‘staff branch’’ are substituted for the words ‘‘Staff Corps and departments’’. 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 ‘‘person’’ for ‘‘woman’’ in description of the individual who must be a graduate of a hospital or university training school and a registered nurse in order to be eligible for Federal recognition under this section with a view to serving as a nurse. 1958—Subsec. (a). Pub. L. 85–861, § 2(5)(A), designated existing provisions as subsec. (a) and substituted ‘‘Ex- cept as provided in subsection (b), only male persons’’ for ‘‘Only persons’’. Subsec. (b). Pub. L. 85–861, § 2(5)(B), added subsec. (b). § 307. Federal recognition of officers: examina- tion; 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, po- sition, and type of unit or organization in- volved; 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. (b) The examination prescribed by subsection (a)— (1) shall be conducted, for the Army Na- tional Guard, by a board of three commis- sioned 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 offi- cers 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 rec- ognition for the office for which he was found qualified. If he is originally appointed or pro- moted within two years to that office, he is enti- tled to Federal recognition without further ex- amination, 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 of- ficer 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 ap- pointment as an officer of the Air National Guard. Federal recognition extended under this subsection is effective from the date of appoint- ment in the Army National Guard or the Air Na- tional 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 re- serve grade. (f) Federal recognition extended under sub- section (d) or (e) is effective from the date of ap- pointment in the Army National Guard or the Air National Guard, as the case may be. (Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 85–861, § 2(6), Sept. 2, 1958, 72 Stat. 1543; Pub. L. 92–492, § 2(b), Oct. 13, 1972, 86 Stat. 810; Pub. L. 96–535, Dec. 16, 1980, 94 Stat. 3165; Pub. L. 103–337, div. A, title XVI, § 1676(a)(2), Oct. 5, 1994, 108 Stat. 3019.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 307(a) ...... 307(b) ...... 307(c) ...... 307(d) ...... 32:113 (1st sentence). 32:111 (37th through 54th words). 50:1113(a) (as applicable to officers). 32:113 (2d sentence and 1st 24 words of 3d sen- tence). 32:113 (3d sentence, less 1st 24 words). 50:1115(a) (less last 39 words). June 3, 1916, ch. 134, § 74 (39th through 56th words); restated June 4, 1920, ch. 227, subch. I, § 41 (39th through 56th words), 41 Stat. 781. June 3, 1916, ch. 134, § 75; restated June 15, 1933, ch. 87, § 12, 48 Stat. 158; July 9, 1952, ch. 608, § 803 (10th par.), 66 Stat. 505. July 9, 1952, ch. 608, §§ 703(a) (as applicable to officers), 705(a) (less last 39 words), 66 Stat. 502. In subsection (b), the words ‘‘prescribed by subsection (a)’’ are substituted for the words ‘‘to determine such qualifications for appointment’’. The word ‘‘des- ignated’’ is substituted for the word ‘‘appointed’’, since the filling of the positions involved is not an appoint-