32 U.S.C. § 309 Federal Recognition of National Guard Officers: Officers Promoted to Fill Vacancies

• Library: United States Statutes
• Edition: prefLabel,label,title,shortLabel
• Currency: Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023)
• Citation: 32 U.S.C. § 309

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.

Cite as 32 U.S.C. § 309

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

Notes from the Office of Law Revision Counsel

current through 4/19/2023

<TABLE> <TR><TD colspan="3">HISTORICAL AND REVISION NOTES</TD> </TR> <TR> <TD>Revised section</TD> <TD>Source (U.S. Code)</TD> <TD>Source (Statutes at Large)</TD> </TR> <TR> <TD>309</TD> <TD>50:1251.</TD> <TD>Sept. 3, 1954, ch. 1257, §319, 68 Stat. 1160.</TD> </TR> </TABLE>

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

EDITORIAL NOTES

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."