US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 310. —  Federal recognition of National Guard officers: automatic 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: 32USC310]

 
                        TITLE 32--NATIONAL GUARD
 
                          CHAPTER 3--PERSONNEL
 
Sec. 310. Federal recognition of National Guard officers: 
        automatic recognition
        
    (a) Notwithstanding sections 307 and 309 of this title, if a second 
lieutenant of the National Guard is promoted to the grade of first 
lieutenant to fill a vacancy in a federally recognized unit in the 
National Guard, Federal recognition is automatically extended to that 
officer in the grade of first lieutenant, effective as of the date on 
which that officer has completed the service in the grade specified in 
section 14303(a)(1) of title 10 and has met such other requirements as 
prescribed by the Secretary concerned under section 14308(b) of that 
title, if the officer has remained in an active status since the officer 
was so recommended.
    (b) Notwithstanding sections 307 and 309 of this title, if an 
officer of the Army Reserve or the Air Force Reserve in a reserve grade 
above second lieutenant is appointed in the next higher grade in the 
National Guard to fill a vacancy in a federally recognized unit in the 
National Guard, Federal recognition is automatically extended to that 
officer in the grade in which the officer is so appointed in the 
National Guard if the officer has been recommended for promotion under 
chapter 1405 of title 10 and has remained in an active status since the 
officer was so recommended. The extension of Federal recognition under 
this subsection is effective as of the date when the officer is 
appointed in the National Guard.

(Added Pub. L. 85-861, Sec. 2(7), Sept. 2, 1958, 72 Stat. 1544; amended 
Pub. L. 103-337, div. A, title XVI, Sec. 1630(1), Oct. 5, 1994, 108 
Stat. 2964.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
            Revised section                      Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
310(a)................................  50:1252 (less (2)).                  Sept. 3, 1954, ch. 1257, Sec.  320,
310(b)................................  50:1252(2).                           68 Stat. 1160.
----------------------------------------------------------------------------------------------------------------

    In subsections (a) and (b), the words ``federally recognized'' are 
inserted for clarity.
    In subsection (a), the words ``or the date of the promotion, 
whichever is later'' are omitted as inconsistent with section 3820(c) of 
title 10, requiring the discharge of each second lieutenant who is not 
promoted by the time he has three years of service. (See opinion of the 
Judge Advocate General of the Army (JAGA 1957/1019, Jan. 7, 1957).)


                               Amendments

    1994--Pub. L. 103-337 substituted ``National Guard officers:'' for 
``officers: Army National Guard;'' in section catchline and amended text 
generally. Prior to amendment, text read as follows:
    ``(a) Notwithstanding sections 307 and 309 of this title, if a 
second lieutenant of the Army National Guard is promoted to the grade of 
first lieutenant to fill a vacancy in a federally recognized unit 
thereof, Federal recognition is automatically extended to him in the 
grade of first lieutenant, effective as of the date on which he 
completes three years of service computed under section 3360(a) of title 
10.
    ``(b) Notwithstanding sections 307 and 309 of this title, if an 
officer of the Army Reserve in a reserve grade above second lieutenant 
is appointed in the next higher grade in the Army National Guard to fill 
a vacancy in a federally recognized unit thereof, Federal recognition is 
automatically extended to him in the grade in which he is so appointed 
in the Army National Guard, if he has been recommended for promotion to 
the grade concerned under section 3366, 3367, 3370, or 3383 of title 10 
and has remained in an active status since he was so recommended. The 
extension of Federal recognition under this subsection is effective as 
of the date when the officer is appointed in the Army National Guard.''


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-337 effective Oct. 1, 1996, see section 
1691(b)(1) 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 title 10 section 14308.



chanrobles.com.Com