32 U.S.C. § 305 Federal Recognition of Commissioned Officers: Persons Eligible

• Library: United States Statutes
• Edition: 2023 Edition
• Currency: Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023)

(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 armed forces.

(3) Former officers of the armed forces.

(4) Former enlisted members of the armed forces who were discharged honorably or under honorable conditions.

(5) Graduates of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the United States Coast Guard Academy, or the United States Merchant Marine 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.

Cite as 32 U.S.C. § 305

Source: Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 85-861, §2(5), Sept. 2, 1958, 72 Stat. 1543; Pub. L. 90-130, §2(1), Nov. 8, 1967, 81 Stat. 383; Pub. L. 108-375, div. A, title V, §505, Oct. 28, 2004, 118 Stat. 1875; Pub. L. 111-383, div. A, title V, §517, Jan. 7, 2011, 124 Stat. 4214.

current through 4/19/2023

<TABLE> <TR><TD colspan="3">HISTORICAL AND REVISION NOTES 1956 ACT</TD> </TR> <TR> <TD>Revised section</TD> <TD>Source (U.S. Code)</TD> <TD>Source (Statutes at Large)</TD> </TR> <TR> <TD>305</TD> <TD>32:111 (less 37th through 54th words).</TD> <TD>June 3, 1916, ch. 134, §74 (less 39th through 56th words); restated June 4, 1920, ch. 227, subch. I, §41 (less 39th through 56th words), 41 Stat. 781.</TD> </TR> </TABLE>

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".