32 U.S.C. § 323 — Withdrawal of Federal recognition

(a) A National Guard member's federal recognition — the official status that makes their National Guard service count federally — is withdrawn whenever the member no longer meets the qualifications set out in section 301 of this title, or stops being part of a federally recognized National Guard unit or organization. (b) Under rules the President sets, an officer's ability and general fitness to keep federal recognition can be investigated at any time by an "efficiency board." That board is made up of commissioned officers who outrank the officer being investigated: officers from the Regular Army or the Army National Guard of the United States (or both), picked by the Secretary of the Army, if the officer is in the Army National Guard; or officers from the Regular Air Force or the Air National Guard of the United States (or both), picked by the Secretary of the Air Force, if the officer is in the Air National Guard. If the board's findings go against the officer, and the President approves those findings, the officer's federal recognition is withdrawn. (c) If a member of the Army National Guard of the United States or the Air National Guard of the United States is transferred into the Army Reserve or the Air Force Reserve under specific transfer laws (10 U.S.C. §§ 12105, 12213(a), or 12214(a)), that member's federal recognition is withdrawn. (d) A reserve commissioned officer of the Army or Air Force who also holds federal recognition as a National Guard officer, and who is facing an involuntary transfer to the Retired Reserve, an involuntary move to an inactive status list, or discharge under certain sections of title 10 (chapters 1407, 1409, or 1411), loses federal recognition too — on the date of that transfer or discharge, if it hasn't already been withdrawn some other way.