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".

In clause (2), the words "reserve officers" are omitted as covered by the words "members of the Army, Navy, Air Force, or Marine Corps".

In clause (4), the words "under honorable conditions" are inserted for clarity.

In clause (5), the words "the United States Air Force Academy" are inserted to reflect the establishment of that institution by the Air Force Academy Act (68 Stat. 47).

In clause (7), the words "staff branch" are substituted for the words "Staff Corps and departments".

AMENDMENTS

1967-Subsec. (a). Pub. L. 90-130, § 2(1)(A), struck out provision that, except as provided in subsec. (b), only male persons from the enumerated categories were eligible for Federal recognition as commissioned officers of the National Guard.

Subsec. (b). Pub. L. 90-130, § 2(1) (B), (C), struck out provision that women are eligible for Federal recognition as commissioned officers of the National Guard, with a view to serving as nurses or medical specialist, and substituted "person" for "woman" " in the description of the individual who must be a graduate of a hospital or university training school and a registered nurse in order to be eligible for Federal recognition under this section with a view to serving as a nurse.

1958 Subsec. (a). Pub. L. 85-861, § 2(5) (A), designated as subsec. (a) what had formerly been the entire rection and substituted "Except as provided in subsection (b), only male persons" for "Only persons".

Subsec. (b). Pub. L. 85-861, § 2(5) (B), added subsec. (b).

§ 307. Federal recognition of officers: examination; certificate of eligibility.

(a) To be eligible for Federal recognition as an officer of the National Guard, a person must

(1) receive an appointment with a view to filling a vacancy in a federally recognized unit or organization of the National Guard;

(2) have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved: and

(3) except as provided in subsections (d) and (e) of this section and sections 8365 and 8366 of Title 10, pass an examination for physical, moral, and professional fitness to be prescribed by the

President, and subscribe to the oath of office prescribed by section 312 of this title.

(b) The examination prescribed by subsection (a) —

(1) shall be conducted, for the Army National Guard, by a board of three commissioned officers designated by the Secretary of the Army from members of the Regular Army or the Army National Guard of the United States, or both, and for the Air National Guard, by a board of three commissioned officers designated by the Secretary of the Air Force from members of the Regular Air Force or the Air National Guard of the United States, or both; and

(2) may be held before original appointment or promotion.

(c) If such a board finds a person qualified, the Chief of the National Guard Bureau may issue to him a certificate of eligibility for Federal recognition for the office for which he was found qualified. If he is originally appointed or promoted within two years to that office, he is entitled to Federal recognition without further examination, except as to physical condition.

(d) Subject to subsection (a) (1) and (2) and to such physical examination as may be prescribed, Federal recognition shall be extended to each officer of the Army Reserve who has qualified for appointment as an officer of the Army National Guard in his reserve grade. Similarly, Federal recognition shall be extended to each officer of the Air Force Reserve who has qualified for appointment as an officer of the Air National Guard. Federal recognition extended under this subsection is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be. (e) Subject to subsection (a) (1) and (2), Federal recognition shall be extended to each officer of the Air Force Reserve who is appointed in a commissioned grade in the Air National Guard to fill a vacancy, if on the date on which he is appointed his reserve grade is the same as the grade in which he is appointed or his name is on a recommended list for promotion to that reserve grade.

(f) Federal recognition extended under subsection (d) or (e) is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 602; Sept. 2, 1958, Pub. L. 85-861, § 2 (6), 72 Stat. 1543.)

Revised section

307 (a).

307 (b)... 307 (c) 307 (d)...

HISTORICAL AND REVISION NOTES

Source (U. S. Code)

32: 113 (1st sentence); 32: 111 (37th through 54th words); 50: 1113 (a) (as applicable to officers).

32: 113 (2d sentence and 1st 24 words of 3d sentence). 32: 113 (3d sentence, less 1st 24 words). 50y1115 (a) (less last 39 words).

Source (Statutes at Large)

June 3, 1916, ch. 134. § 74 (39th through 56th words); restated June 4, 1920, ch. 227, subch. I. § 41 (39th through 56th words), 41 Stat. 781.

June 3, 1916, ch. 134, § 75; restated June 15, 1933, ch. 87, § 12, 48 Stat. 158; July 9, 1952, ch. 608, § 803 (10th par.), 66 Stat. 505.

July 9, 1952, ch. 608, § 703 (a) (as applicable to officers), 705 (a) (less last 39 words), 66 Stat. 502.

In subsection (b), the words "prescribed by subsection (a)" are substituted for the words "to determine such

qualifications for appointment". The word "designated" is substituted for the word "appointed", since the filling of the positions involved is not an appointment to office in the constitutional sense. The words "of an individual as an officer or warrant officer" are omitted as surplusage.

In subsection (c), the word "originally" is inserted for clarity. The words "If such a board finds a person" are substituted for the words "if the applicant has been found". The words "for individual Federal recognition for the office for which he was found qualified" are inserted for clarity. The words "that office" are substituted for the words "the office for which he was found qualified".

In subsection (d), the words "Notwithstanding the provisions of section 113 of Title 32" are omitted as covered by the words of exception in revised subsection (a). The words "Subject to subsection (a) (1) and (2)" are inserted, since 50: 1115 (a) (less last 39 words) was not an exception to that part of 50: 1113 relating to qualifications prescribed by the Secretary, or to the requirement that only members of federally recognized units can be federally recognized. The words "in his reserve grade" are substituted for the words "in the same grade in which he is appointed as a Reserve officer of the appropriate Armed Force of the United States". The last sentence is inserted for clarity.

AMENDMENTS

1958 Subsec. (a). Pub. L. 85-861, § 2(6) (A), substituted "subsections (d) and (e) of this section and sections 8365 and 8366 of title 10" for "subsection (d)" in cl. (3).

Subsecs. (e) and (f). Pub. L. 85-861, § 2(6) (B), added subsecs. (e) and (f).

CROSS REFERENCES

Appointment of officers of Army National Guard and Air National Guard as Reserves for service as members of Army National Guard of United States and Air National Guard of United States, see sections 3351 and 8351 of Title 10, Armed Forces.

Extension of recognition upon promotion in Air National Guard of the United States without examination, see sections 8365, 8366, and 8376 of Title 10.

Suspension of subsec. (e) of this section, see section 111 of this title.

Transfer of officers from Army National Guard of United States and Air Force National Guard of United States to Army Reserve and Air Force Reserve, see sections 3352 and 8352 of Title 10.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 111, 308, 310 of this title; title 10 sections 8365, 8366, 8376.

§ 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, § 2, 70A Stat. 603.)

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. § 309. Federal recognition of officers: Army National Guard; officers promoted to fill vacancies. 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. (Added Pub. L. 85-861, § 2 (7), Sept. 2, 1958, 72 Stat. 1543.)

HISTORICAL AND REVISION NOTES

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

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 111, 310 of this title; title 10 sections 3363, 3385.

§ 310. Federal recognition of officers: Army National Guard; automatic recognition.

(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

CROSS REFERENCES

HISTORICAL AND REVISION NOTES

Source (Statutes at Large)

Active Federal status, see sections 3495 and 8495 of Title 10, Armed Forces.

Appointments as reserve officers, see chapters 35, 337 and 837 of Title 10.

Army National Guard and Air National Guard in Federal service, call, see sections 3500 and 8500 of Title 10. Army Reserve or Air Force Reserve

Transfer from Army National Guard of United States or Air National Guard of United States to, see sections 3259, 3352, 8259 and 8352 of Title 10.

Transfer to upon withdrawal as member of Army National Guard or Air National Guard, see sections 3260 and 8260 of Title 10.

Basic policy for order of Army National Guard of the United States and Air National Guard of the United States into Federal service, see section 263 of Title 10. Pay and allowances generally, see Title 37, Pay and Allowances of the Uniformed Services.

Reserve components: detail of members of regular and reserve components to assist, see section 715 of Title 10. Status when not in Federal service, see sections 3079 and 8079 of Title 10.

Uniform, when wearing by persons not on active duty authorized, see section 772 of Title 10.

§ 301. Federal recognition of enlisted members.

To be eligible for Federal recognition as an enlisted member of the National Guard, a person must have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved. He becomes federally recognized upon enlisting in a federally recognized unit or organization of the National Guard. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 601.) HISTORICAL AND REVISION NOTES

CROSS REFERENCES Withdrawal of Federal recognition, see section 323 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 323 of this title.

§ 302. Enlistments, reenlistments, and extensions. (a) Under regulations to be prescribed by the Secretary concerned, original enlistments in the National Guard may be accepted for

(1) any specified term, not less than three years, for persons who have not served in an armed force; or

(2) any specified term, not less than one year, for persons who have served in any armed force. (b) Under regulations to be prescribed by the Secretary concerned, reenlistment in the National Guard may be accepted for any specified period, or, if the person last served in one of the highest five enlisted grades, for an unspecified period.

(c) Enlistments or reenlistments in the National Guard may be extended

(1) under regulations to be prescribed by the Secretary concerned, at the request of the member, for any period not less than six months; or

(2) by proclamation of the President, if Congress declares an emergency, until six months after termination of that emergency. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 601; Oct. 4, 1961, Pub. L. 87-378, § 5(1), 75 Stat. 808.)

June 3, 1916, ch. 134, § 69; restated July 11, 1919, ch. 8 (20th par. under "National Guard"); restated June 4, 1920, ch. 227, subch. I, § 37; restated June 6, 1924, ch. 275, § 4; restated June 15, 1933, ch. 87, § 7, 48 Stat. 156; July 9, 1952, ch. 608, § 806 (a), 66 Stat. 506.

32: 124 (1st proviso) is omitted as executed. The word "reenlistments" is substituted for the words "subsequent enlistments".

AMENDMENTS

1961-Pub. L. 87-378 permitted original enlistments for any specified term, not less than three years, for persons who have not served in an armed force, authorized reenlistments for any specified period, or if the person last served in one of the highest five enlisted grades, for an unspecified period, extensions of enlistments or reenlistments at the request of the member for any period not less than six months after termination of the emergency.

EFFECTIVE DATE OF 1961 AMENDMENT Amendment of section by Pub. L. 87-378 not effective with respect to any enlistment, reenlistment, or appointment entered into or made before Oct. 4, 1961, see section 6 of Pub. L. 87-378, set out as a note under section 3261 of Title 10, Armed Forces.

CROSS REFERENCES

Army National Guard of United States and Air National Guard of United States, see sections 3261 and 8261 of Title 10, Armed Forces.

Service extension during war of members of Army and Air Force, see sections 3492 and 8492 of Title 10.

§ 303. Active and inactive enlistments and transfers. (a) Under regulations to be prescribed by the Secretary of the Army, a person qualified for enlistment in the active Army National Guard may be enlisted in the inactive Army National Guard for a single term of one or three years. Under regulations prescribed by the Secretary of the Air Force, a person qualified for enlistment in the active Air National Guard may be enlisted in the inactive Air National Guard for a single term of one or three years.

(b) Under such regulations as the Secretary of the Army may prescribe, an enlisted member of the active Army National Guard, not formerly enlisted in the inactive Army National Guard, may be transferred to the inactive Army National Guard. Under such regulations as the Secretary of the Air Force may prescribe, an enlisted member of the active Air National Guard, not formerly enlisted in the inactive Air National Guard, may be transferred to the inactive Air National Guard. Under such regulations as the Secretary concerned may prescribe, a person enlisted in or transferred to the inactive Army National Guard or the inactive Air National Guard may be transferred to the active Army National Guard or the active Air National Guard, as the case may be.

(c) Repealed. Pub. L. 87-649, § 14e(1), Sept. 7, 1962, 76 Stat. 502.

(d) In time of peace, no enlisted member may be required to serve for a period longer than that for which he enlisted in the active or inactive National Guard. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 601; Sept. 7, 1962, Pub. L. 87-649, § 14e(1), 76 Stat. 502.)

June 3, 1916, ch. 134, § 78 (1st and 2d sentences); restated June 4, 1920, ch. 227, subch. I, § 42 (less provisos); restated Feb. 28, 1925, ch. 371, 2 (1st and 2d sentences); restated June 15, 1933, ch. 87, § 15 (1st and 2d sentences), 48 Stat. 159; July 9, 1952, ch. 608, § 806 (f), 66 Stat. 507. June 3, 1916, ch. 134, § 110 (1st 30 words of last par.); restated Sept. 22, 1922, ch. 423,6 (1st 30 words of last par.); restated May 12, 1928, ch. 529 (1st 30 words), 45 Stat. 500.

In subsection (a), 32: 132 (last 23 words) is omitted as covered by section 304 of this title.

In subsection (b), the words "Under such regulations as the Secretary may prescribe" are substituted for the word "likewise".

In subsection (c), the words "in the inactive National Guard" are substituted for the words "not on the active list", since there is no active list prescribed for the National Guard.

In subsection (d), the words "under any enlistment" are omitted as surplusage.

AMENDMENTS

1962 Subsec. (c). Pub. L. 87-649 repealed subsec. (c) which provided that a person enlisted in the inactive Army National Guard or inactive Air National Guard is not entitled to pay under section 301 of Title 37. See section 206 of Title 37, Pay and Allowances of the Uniformed Services.

EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-649 effective on Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

"I, ___ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and of the State of ___ against all enemies, foreign and domestic; that I will bear true faith and allegiance to them; and that I will obey the orders of the President of the United States and the Governor of and the orders of the officers appointed over me, according to law and regulations. So help me God."

The oath may be taken before any officer of the National Guard of the State or Territory, or of Puerto Rico, the Canal Zone, or the District of Columbia, as the case may be, or before any other person authorized by the law of the jurisdiction concerned to administer oaths of enlistment in the

National Guard. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 602; Oct. 5, 1962, Pub. L. 87-751, § 2, 76 Stat. 748.)

HISTORICAL AND REVISION NOTES

1962-Pub. L. 87-751 substituted "support and defend the Constitution of the United States and of the State of against all enemies, foreign and domestic; that I will bear true faith and allegiance to them" for "bear true faith and allegiance to the United States of America and to the State of That I will serve them honestly and faithfully against all their enemies whomsoever" and inserted "So help me God."

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment of section by Pub. L. 87-751 not to effect any oath taken before one year after Oct. 5, 1962, see section 3 of Pub. L. 87-751, set out as a note under section 502 of Title 10, Armed Forces.

CROSS REFERENCES

General military law provision, see section 502 of Title 10, Armed Forces.

Subscription to oath necessary for enlistment as member of Army National Guard of United States and Air National Guard of United States, see sections 3261 and 8261 of Title 10.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 3261, 8261.

§ 305. Federal recognition of commissioned officers: persons eligible.

(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 Army, Navy, Air Force, or Marine Corps.

(3) Former officers of the Army, Navy, Air Force, or Marine Corps.

(4) Former enlisted members of the Army, Navy, Air Force, or Marine Corps who were discharged honorably or under honorable conditions. (5) Graduates of the United States Military Academy, the United States Naval Academy, or the United States Air Force 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

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. (Added Pub. L. 85-861, § 2 (7), Sept. 2, 1958, 72 Stat. 1544.)

HISTORICAL AND REVISION NOTES

§ 313. Appointments and enlistments: age limitations. (a) To be eligible for original enlistment in the National Guard, a person must be at least 17 years of age and under 45, or under 64 years of age and a former member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps. To be eligible for reenlistment, a person must be under 64 years of age.

(b) To be eligible for appointment as an officer of the National Guard, a person must

(1) be a citizen of the United States; and (2) be at least 18 years of age and under 64. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 604; Sept. 2, 1958, Pub. L. 85-861, § 2(9), 72 Stat. 1544; Nov. 8, 1967, Pub. L. 90-130, § 2(2), 81 Stat. 383.)

HISTORICAL AND REVISION NOTES

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).)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11 of this title; title 10 section 3385.

§ 312. Appointment oath.

Each person who is appointed as an officer of the National Guard shall subscribe to the following oath:

"I, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of against all enemies,

foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of in the National Guard of the State upon which I am about to enter, so help me God." (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 603.)

of

Source (Statutes at Large)

June 3, 1916, ch. 134, § 58; restated Feb. 28, 1925, ch. 371, § 1 (1st par.); restated June 15, 1933, ch. 87, § 5 (1st par.), 48 Stat. 155; June 19, 1935, ch. 277, § 2, 49 Stat. 391; June 28, 1947, ch. 162, § 7 (less applicability to $57 of the Act of June 3, 1916, ch. 134), 61 Stat. 192; July 9, 1952, ch. 608, §§ 803 (8th par.), 806 (j), 66 Stat. 505, 508.

In subsection (a), 32: 4 (1st 19 words) is omitted as covered by section 101 (3) and (5) of this title. 32: 4 (54th through 62d words) is omitted as surplusage. The words "under 64" are substituted for the words "not more than sixty-four" to conform to an opinion of the Judge Advocate General of the Army (JAGA 1953/9033, 3 Dec. 1953). The word "Regular" is inserted before the words "Navy" and "Marine Corps". The words "Regular Air Force" are inserted to complete the coverage of the revised section. The word "reenlistment" is substituted for the words "subsequent enlistment".

AMENDMENTS

1967-Subsec. (b). Pub. L. 90-130 struck out clause (3) which added the requirement that women appointed with a view to serving as a nurse or medical specialist be at least 21 years of age and under 64 years of age in order to be elibible for appointment as an officer of the National Guard.

1958-Subsec. (b). Pub. L. 85-861 inserted qualifications for appointment of women with a view to serving as nurses or medical specialists.

CROSS REFERENCES

Army National Guard of United States and Air National Guard of United States, enlistment, see sections 3261 and 8261 of Title 10, Armed Forces.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 secton 311.

§ 314. Adjutants general.

(a) There shall be an adjutant general in each State and Territory, Puerto Rico, the Canal Zone, and the District of Columbia. He shall perform the duties prescribed by the laws of that jurisdiction.

(b) The President shall appoint the adjutant general of each Territory, the Canal Zone, and the District of Columbia and prescribe his grade and qualifications. To be eligible for appointment as adjutant general of a Territory or the Canal Zone, a person must be a citizen of that jurisdiction.

(c) The President may detail as adjutant general of the District of Columbia any retired commis