32 U.S.C. § 307 — Federal recognition of officers: examination; certificate of eligibility
submitted 70 years ago by ch. 1041 to r/title-32-NATIONAL-GUARD · 466 words · no verdicts yet
To become a federally recognized National Guard officer, a person must fill a real vacancy, meet set qualifications, and usually pass a fitness exam and take an oath. A three-officer board runs the exam, and passing earns a certificate of eligibility good for two years. Reserve officers who already qualify can skip the exam in some cases.
(a) To become a federally recognized officer of the National Guard, a person must: (1) be appointed to fill a real vacancy in a federally recognized National Guard unit; (2) meet the qualifications the Secretary concerned sets for that grade, branch, position, and type of unit; and (3) -- unless (d) or (e) applies -- pass a physical, moral, and professional fitness exam set by the President, and take the oath of office required by section 312.
(b) The exam from (a): (1) for the Army National Guard, is given by a three-officer board the Secretary of the Army picks from the Regular Army or Army National Guard, or both; for the Air National Guard, by a similar three-officer board the Secretary of the Air Force picks; and (2) may happen before the original appointment or before a promotion.
(c) If the board finds the person qualified, the Chief of the National Guard Bureau may give the person a certificate of eligibility for federal recognition in that office. If the person is appointed or promoted to that office within two years, they get federal recognition without another exam -- except they may still need a new physical exam.
(d) An Army Reserve officer who has qualified for an Army National Guard appointment at their reserve grade gets federal recognition automatically, once they also meet (a)(1) and (a)(2) and pass any required physical exam. The same is true for an Air Force Reserve officer moving to the Air National Guard. This recognition starts on the date of the National Guard appointment.
(e) An Air Force Reserve officer appointed to fill a commissioned-grade vacancy in the Air National Guard also gets automatic recognition, once they meet (a)(1) and (a)(2), as long as -- on the appointment date -- their reserve grade matches the grade they are appointed to, or their name is on a list recommended for promotion to that grade.
(f) Recognition granted under (d) or (e) starts on the date of the National Guard appointment.
To be eligible for Federal recognition as an officer of the National Guard, a person must—
receive an appointment with a view to filling a vacancy in a federally recognized unit or organization of the National Guard;
have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved; and
except as provided in subsections (d) and (e) of this section, 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.
The examination prescribed by subsection (a)—
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
may be held before original appointment or promotion.
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.
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.
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.
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.
Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 85–861, § 2(6), Sept. 2, 1958, 72 Stat. 1543; Pub. L. 92–492, § 2(b), Oct. 13, 1972, 86 Stat. 810; Pub. L. 96–535, Dec. 16, 1980, 94 Stat. 3165; Pub. L. 103–337, div. A, title XVI, § 1676(a)(2), Oct. 5, 1994, 108 Stat. 3019.)
- 1956Enacted · Act of Aug. 10, 1956, ch. 1041
- 1958Amended · Pub. L. 85-861 · 72 Stat. 1543
- 1972Amended · Pub. L. 92-492 · 86 Stat. 810
- 1980Amended · Pub. L. 96-535 · 94 Stat. 3165
- 1994Amended · Pub. L. 103-337 · 108 Stat. 3019
A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.
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