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§ 309. —  Federal recognition of National Guard officers: officers promoted to fill vacancies.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 32USC309]

 
                        TITLE 32--NATIONAL GUARD
 
                          CHAPTER 3--PERSONNEL
 
Sec. 309. Federal recognition of National Guard officers: 
        officers promoted to fill vacancies
        
    Each officer of the National Guard who is promoted to fill a vacancy 
in a federally recognized unit of the National Guard, and who has been 
on the reserve active-status list or the active-duty list of the Army or 
the Air Force for at least one year and has completed the minimum years 
of service in grade specified in section 14303 of title 10, shall be 
examined for Federal recognition in the grade to which the officer is 
promoted.

(Added Pub. L. 85-861, Sec. 2(7), Sept. 2, 1958, 72 Stat. 1543; amended 
Pub. L. 103-337, div. A, title XVI, Sec. 1630(1), Oct. 5, 1994, 108 
Stat. 2963.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
            Revised section                      Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
309...................................  50:1251.                             Sept. 3, 1954, ch. 1257, Sec.  319,
                                                                              68 Stat. 1160.
----------------------------------------------------------------------------------------------------------------

    The words ``authorized under section 1227(a) of this title'' are 
omitted as surplusage.


                               Amendments

    1994--Pub. L. 103-337 substituted ``National Guard officers: 
officers'' for ``officers: Army National Guard; officers'' in section 
catchline and amended text generally. Prior to amendment, text read as 
follows: ``Each officer of the Army National Guard who is promoted to 
fill a vacancy in a federally recognized unit thereof, and who is 
eligible for promotion under section 3363(b) of title 10, shall be 
examined for Federal recognition in the grade to which he is promoted. 
However, a second lieutenant or first lieutenant of the Army National 
Guard who has served creditably for at least one year in a position 
prescribed to be filled by a captain, and who has not previously been 
federally recognized under this section, may be examined for Federal 
recognition in the next higher grade without regard to section 3363(b) 
of title 10.''


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 effective Oct. 1, 1996, see section 
1691 of Pub. L. 103-337, set out as an Effective Date note under section 
10001 of Title 10, Armed Forces.


                       Suspension of This Section

    For authority of the President to suspend this section in time of 
war or emergency declared by Congress, see section 111 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 111, 310 of this title.



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