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§ 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
----------------------------------------------------------------------------------------------------------------
            Revised section                      Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
          Section of title 32                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
305(b)................................  32 App.:4 (less applicability to     July 30, 1956, ch. 789, Secs.  2
                                         age).                                (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 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).



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