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32 U.S.C. § 308 — Federal recognition of officers: temporary recognition

submitted 70 years ago by ch. 1041 to r/title-32-NATIONAL-GUARD · 165 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Army or Air Force Secretary can give someone temporary federal recognition as a National Guard officer while waiting for their reserve officer appointment. This temporary status can be pulled at any time and expires after one year unless replaced. The person must swear to act as if already a reserve officer.

(a) The Secretary of the Army may extend temporary federal recognition as an Army National Guard officer to someone who passed the exam under section 307(b), while that person waits to be appointed a reserve officer of the Army. The Secretary of the Air Force can do the same for the Air Force. This temporary recognition can be taken back at any time. If it isn't taken back or replaced by permanent recognition (once the person is appointed a reserve officer in the same grade), it ends automatically one year after it started.

(b) To qualify for temporary recognition, the person must swear an oath that, during the temporary period, they will do their federal duties as if they had already been appointed a reserve officer of the Army or Air Force.

the actual law source: uscode.house.gov ↗public domain
(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 Temporary recognition so extended may be withdrawn at any time. If not sooner withdrawn or replaced by permanent recognition upon appointment as a reserve officer in the same grade, it terminates one year after its effective date.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.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 603; Pub. L. 110–181, div. A, title V, § 514, Jan. 28, 2008, 122 Stat. 99.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 2008Amended · Pub. L. 110-181 · 122 Stat. 99

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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