§ 308. — Federal recognition of officers: temporary recognition.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 32USC308]
TITLE 32--NATIONAL GUARD
CHAPTER 3--PERSONNEL
Sec. 308. Federal recognition of officers: temporary recognition
(a) The Secretary of the Army may authorize the extension of
temporary Federal recognition as an officer of the Army National Guard
to any person who has passed the examination prescribed in section
307(b) of this title, pending his appointment as a reserve officer of
the Army. The Secretary of the Air Force may do likewise for a person
who has passed that examination pending his appointment as a reserve
officer of the Air Force. Temporary recognition so extended may be
withdrawn at any time. If not sooner withdrawn or replaced by permanent
recognition upon appointment as a reserve officer in the same grade, it
terminates six months after its effective date.
(b) To be eligible for temporary Federal recognition under
subsection (a), a person must take an oath that during the period of
temporary recognition he will perform his Federal duties as if he had
been appointed as a reserve officer of the Army or the Air Force, as the
case may be.
(Aug. 10, 1956, ch. 1041, 70A Stat. 603.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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308(a)................................ 50:1114 (less 2d and 3d sentences). July 9, 1952, ch. 608, Sec. 704
50:1114 (3d sentence). (less 2d sentence), 66 Stat. 502.
308(b)................................
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In subsection (a), the words ``by regulations'' are omitted, since
the Secretary has inherent authority to issue regulations appropriate to
exercising his statutory functions. The words ``as an officer of the
Army National Guard to any person'' are substituted for the words ``to
any officer of the National Guard or Air National Guard''. The second
sentence is inserted for clarity. The words ``successfully'', ``final
determination of his eligibility for, and'', ``in the grade concerned'',
and ``automatically'' are omitted as surplusage. 50:1114 (proviso of
last sentence) is omitted as surplusage.
In subsection (b), the words ``To be eligible for temporary Federal
recognition under subsection (a), a person'' are substituted for the
words ``However, a temporary extension of Federal recognition shall be
granted only when the officer''. The words ``the period of temporary
recognition'' are substituted for the words ``such recognition''. The
words ``and obligations required of him'' and ``in the same grade'' are
omitted as surplusage.
