§ 305. — Federal recognition of commissioned officers: persons eligible.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 32USC305]
TITLE 32--NATIONAL GUARD
CHAPTER 3--PERSONNEL
Sec. 305. Federal recognition of commissioned officers: 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 Army, Navy, Air Force, or Marine Corps.
(3) Former officers of the Army, Navy, Air Force, or Marine
Corps.
(4) Former enlisted members of the Army, Navy, Air Force, or
Marine Corps who were discharged honorably or under honorable
conditions.
(5) Graduates of the United States Military Academy, the United
States Naval Academy, or the United States Air Force Academy.
(6) Graduates of a school, college, university, or officer's
training camp who received military 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 organization.
(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
university training school and a registered nurse.
(Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 85-861, Sec. 2(5),
Sept. 2, 1958, 72 Stat. 1543; Pub. L. 90-130, Sec. 2(1), Nov. 8, 1967,
81 Stat. 383.)
Historical and Revision Notes
1956 Act
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Revised section Source (U.S. Code) Source (Statutes at Large)
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305................................... 32:111 (less 37th through 54th June 3, 1916, ch. 134, Sec. 74
words). (less 39th through 56th words);
restated June 4, 1920, ch. 227,
subch. I, Sec. 41 (less 39th
through 56th words), 41 Stat. 781.
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The word ``individual'' is inserted for clarity to distinguish the
individual Federal recognition that is necessary to membership as an
officer from the general Federal recognition that is necessary to all
membership 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 categories 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 classes''.
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''.
1958 Act
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Section of title 32 Source (U.S. Code) Source (Statutes at Large)
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305(b)................................ 32 App.:4 (less applicability to July 30, 1956, ch. 789, Secs. 2
age). (less applicability to age), 3, 70
Stat. 729.
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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 omitted as covered
by section 307(a)(2) of this title. The applicability of section 3 of
the source statute to section 1 of the source statute is omitted as
unnecessary.
Amendments
1967--Subsec. (a). Pub. L. 90-130, Sec. 2(1)(A), struck out
provision that, except as provided in subsec. (b), only male persons
from the enumerated categories were eligible for Federal recognition as
commissioned officers of the National Guard.
Subsec. (b). Pub. L. 90-130, Sec. 2(1)(B), (C), struck out provision
that women are eligible for Federal recognition 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, Sec. 2(5)(A), designated existing
provisions as subsec. (a) and substituted ``Except as provided in
subsection (b), only male persons'' for ``Only persons''.
Subsec. (b). Pub. L. 85-861, Sec. 2(5)(B), added subsec. (b).
