FEDERAL · 32 U.S.C. · Chapter 3
Federal recognition of National Guard officers: officers promoted to fill vacancies
32 U.S.C. § 309
Title32 — National Guard
Chapter3 — PERSONNEL
This text of 32 U.S.C. § 309 (Federal recognition of National Guard officers: officers promoted to fill vacancies) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
32 U.S.C. § 309.
Text
Each officer of the National Guard who is promoted to fill a vacancy in a federally recognized unit of the National Guard, and who has been on the reserve active-status list or the active-duty list of the Army or the Air Force for at least one year and has completed the minimum years of service in grade specified in section 14303 of title 10, shall be examined for Federal recognition in the grade to which the officer is promoted.
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Related
§ 14303
10 U.S.C. § 14303
Source Credit
History
(Added Pub. L. 85–861, §2(7), Sept. 2, 1958, 72 Stat. 1543; amended Pub. L. 103–337, div. A, title XVI, §1630(1), Oct. 5, 1994, 108 Stat. 2963.)
Editorial Notes
The words "authorized under section 1227(a) of this title" are omitted as surplusage.
Editorial Notes
Amendments
1994—Pub. L. 103–337 substituted "National Guard officers: officers" for "officers: Army National Guard; officers" in section catchline and amended text generally. Prior to amendment, text read as follows: "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."
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.
Suspension of This Section
For authority of the President to suspend this section in time of war or emergency declared by Congress, see section 111 of this title.
Editorial Notes
Amendments
1994—Pub. L. 103–337 substituted "National Guard officers: officers" for "officers: Army National Guard; officers" in section catchline and amended text generally. Prior to amendment, text read as follows: "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."
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.
Suspension of This Section
For authority of the President to suspend this section in time of war or emergency declared by Congress, see section 111 of this title.
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Bluebook (online)
32 U.S.C. § 309, Counsel Stack Legal Research, https://law.counselstack.com/usc/32/309.