32 U.S.C. § 310 — Federal recognition of National Guard officers: automatic recognition

(a)(1) Normally, sections 307 and 309 of this title would apply, but not here: if a National Guard second lieutenant is promoted to first lieutenant to fill a vacancy in a federally recognized unit, Federal recognition in that new grade kicks in automatically. This happens once the officer has completed the required time in grade under section 14303(a)(1) of title 10 and met any other requirements the Secretary concerned set under section 14308(b) of that title — as long as the officer has stayed in active status since being recommended.

(a)(2) The same kind of automatic recognition applies to a warrant officer, W-1, promoted to chief warrant officer, W-2, to fill a Guard vacancy. It kicks in once the officer completes the time in grade the Secretary concerned requires under section 12242 of title 10, as long as the warrant officer stayed in active status since being recommended.

(b) Also despite sections 307 and 309, if an Army Reserve or Air Force Reserve officer above second lieutenant is appointed to the next higher grade in the National Guard to fill a vacancy, Federal recognition in that new grade is automatic — as long as the officer was recommended for promotion under chapter 1405 of title 10 and has stayed in active status since. This recognition takes effect the day the officer is appointed into the National Guard.