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2026-07-06 10:51:44 -04:00

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LegalText 32 U.S.C. § 309 Federal recognition of National Guard officers: officers promoted to fill vacancies us united_states_code code_section 32 NATIONAL GUARD 3 PERSONNEL 309 32 U.S.C. § 309 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/s309 data/legal/raw/us/code/title-32/usc32.xml 7cfb5928e289599dce7d24be7c211046ff89f5e1fb439fc9b6b78d4994b81ea3 05d3a37f304c651e83ee524f8adc223131aae5a9d47924e35dbea35932adf29f 2b41cae21c0550898af3fd2d6f68a6ce7783e6706784f3a33b4c167a8a73f95f 2026-07-04 official
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32 U.S.C. § 309 - Federal recognition of National Guard officers: officers promoted to fill vacancies

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.

(Added Pub. L. 85861, § 2(7), Sept. 2, 1958, 72 Stat. 1543; amended Pub. L. 103337, div. A, title XVI, § 1630(1), Oct. 5, 1994, 108 Stat. 2963.)

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 30950:1251.Sept. 3, 1954, ch. 1257, § 319, 68 Stat. 1160. The words “authorized under section 1227(a) of this title” are omitted as surplusage.

Editorial Notes

Amendments1994—Pub. L. 103337 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 AmendmentAmendment by Pub. L. 103337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

Suspension of This SectionFor authority of the President to suspend this section in time of war or emergency declared by Congress, see section 111 of this title.