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§ 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withdrawn at any time. If not sooner withdrawn or replaced by permanent 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
----------------------------------------------------------------------------------------------------------------
            Revised section                      Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
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)................................
----------------------------------------------------------------------------------------------------------------

    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.



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