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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 32 U.S.C. § 308 Federal recognition of officers: temporary recognition us united_states_code code_section 32 NATIONAL GUARD 3 PERSONNEL 308 32 U.S.C. § 308 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc32@119-100.zip /us/usc/t32/s308 data/legal/raw/us/code/title-32/usc32.xml 06e40645d3330f1ebec012a0b233bf6169da1302bbb4791b161d375c1f703001 05d3a37f304c651e83ee524f8adc223131aae5a9d47924e35dbea35932adf29f 1bc64ac8bc0f9a765ab75f39a464cedb83c1702ea4302d2305e1f0b0fe66e5fb 2026-07-04 official
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32 U.S.C. § 308 - Federal recognition of officers: temporary recognition

Text

(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 Temporary recognition so extended may be withdrawn at any time. If not sooner withdrawn or replaced by permanent recognition upon appointment as a reserve officer in the same grade, it terminates one year after its effective date.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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 603; Pub. L. 110181, div. A, title V, § 514, Jan. 28, 2008, 122 Stat. 99.)

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 308(a)308(b)50:1114 (less 2d and 3d sentences).50:1114 (3d sentence).July 9, 1952, ch. 608, § 704 (less 2d sentence), 66 Stat. 502. In subsection (a), the words “by regulations” are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. The words “as an officer of the Army National Guard to any person” are substituted for the words “to any officer of the National Guard or Air National Guard”. The second sentence is inserted for clarity. The words “successfully”, “final determination of his eligibility for, and”, “in the grade concerned”, and “automatically” are omitted as surplusage. 50:1114 (proviso of last sentence) is omitted as surplusage. In subsection (b), the words “To be eligible for temporary Federal recognition under subsection (a), a person” are substituted for the words “However, a temporary extension of Federal recognition shall be granted only when the officer”. The words “the period of temporary recognition” are substituted for the words “such recognition”. The words “and obligations required of him” and “in the same grade” are omitted as surplusage.

Editorial Notes

Amendments2008—Subsec. (a). Pub. L. 110181 substituted “one year” for “six months” in last sentence.