Title 32National GuardRelease 119-73

§307 Federal recognition of officers: examination; certificate of eligibility

Title 32 › Chapter CHAPTER 3— - PERSONNEL › § 307

Last updated Apr 6, 2026|Official source

Summary

To get federal recognition as an officer in the National Guard, a person must be appointed to fill a vacancy in a federally recognized unit, meet the qualifications the Secretary sets for the grade and job, and—unless covered by the Reserve exceptions—pass a fitness exam on physical, moral, and professional standards set by the President and take the required oath of office. The exam is given by a board of three commissioned officers chosen by the Secretary of the Army for the Army National Guard or by the Secretary of the Air Force for the Air National Guard. The board can test someone before their appointment or promotion. If the board says a person is qualified, the Chief of the National Guard Bureau can give a certificate of eligibility. If the person is appointed or promoted into that office within two years, they get federal recognition without repeating the exam, except for any required physical check. Army and Air Force Reserve officers who have qualified for appointment in their reserve grade get federal recognition from their Guard appointment date (subject to any required physical exam). An Air Force Reserve officer filling a Guard vacancy also gets recognition if their reserve grade matches the Guard grade at appointment or if they are on a recommended promotion list for that reserve grade.

Full Legal Text

Title 32, §307

National Guard — Source: USLM XML via OLRC

(a)To be eligible for Federal recognition as an officer of the National Guard, a person must—
(1)receive an appointment with a view to filling a vacancy in a federally recognized unit or organization of the National Guard;
(2)have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved; and
(3)except as provided in subsections (d) and (e) of this section, pass an examination for physical, moral, and professional fitness to be prescribed by the President, and subscribe to the oath of office prescribed by section 312 of this title.
(b)The examination prescribed by subsection (a)—
(1)shall be conducted, for the Army National Guard, by a board of three commissioned officers designated by the Secretary of the Army from members of the Regular Army or the Army National Guard of the United States, or both, and for the Air National Guard, by a board of three commissioned officers designated by the Secretary of the Air Force from members of the Regular Air Force or the Air National Guard of the United States, or both; and
(2)may be held before original appointment or promotion.
(c)If such a board finds a person qualified, the Chief of the National Guard Bureau may issue to him a certificate of eligibility for Federal recognition for the office for which he was found qualified. If he is originally appointed or promoted within two years to that office, he is entitled to Federal recognition without further examination, except as to physical condition.
(d)Subject to subsection (a)(1) and (2) and to such physical examination as may be prescribed, Federal recognition shall be extended to each officer of the Army Reserve who has qualified for appointment as an officer of the Army National Guard in his reserve grade. Similarly, Federal recognition shall be extended to each officer of the Air Force Reserve who has qualified for appointment as an officer of the Air National Guard. Federal recognition extended under this subsection is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be.
(e)Subject to subsection (a)(1) and (2), Federal recognition shall be extended to each officer of the Air Force Reserve who is appointed in a commissioned grade in the Air National Guard to fill a vacancy, if on the date on which he is appointed his reserve grade is the same as the grade in which he is appointed or his name is on a recommended list for promotion to that reserve grade.
(f)Federal recognition extended under subsection (d) or (e) is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 307(a) 307(b) 307(c) 307(d)32:113 (1st sentence).32:111 (37th through 54th words).50:1113(a) (as applicable to officers).32:113 (2d sentence and 1st 24 words of 3d sentence).32:113 (3d sentence, less 1st 24 words).50:1115(a) (less last 39 words).
June 3, 1916, ch. 134, § 74 (39th through 56th words); restated
June 4, 1920, ch. 227, subch. I, § 41 (39th through 56th words), 41 Stat. 781.
June 3, 1916, ch. 134, § 75; restated
June 15, 1933, ch. 87, § 12, 48 Stat. 158;
July 9, 1952, ch. 608, § 803 (10th par.), 66 Stat. 505.
July 9, 1952, ch. 608, §§ 703(a) (as applicable to officers), 705(a) (less last 39 words), 66 Stat. 502. In subsection (b), the words “prescribed by subsection (a)” are substituted for the words “to determine such qualifications for appointment”. The word “designated” is substituted for the word “appointed”, since the filling of the positions involved is not an appointment to office in the constitutional sense. The words “of an individual as an officer or warrant officer” are omitted as surplusage. In subsection (c), the word “originally” is inserted for clarity. The words “If such a board finds a person” are substituted for the words “if the applicant has been found”. The words “for individual Federal recognition for the office for which he was found qualified” are inserted for clarity. The words “that office” are substituted for the words “the office for which he was found qualified”. In subsection (d), the words “Notwithstanding the provisions of section 113 of Title 32” are omitted as covered by the words of exception in revised subsection (a). The words “Subject to subsection (a)(1) and (2)” are inserted, since 50:1115(a) (less last 39 words) was not an exception to that part of 50:1113 relating to qualifications prescribed by the Secretary, or to the requirement that only members of federally recognized units can be federally recognized. The words “in his reserve grade” are substituted for the words “in the same grade in which he is appointed as a Reserve officer of the appropriate Armed Force of the United States”. The last sentence is inserted for clarity. 1958 Act Section of title 32Source (U.S. Code)Source (Statutes at Large) 307(a)307(e)50:1349(b) (1st sentence).50:1349(b) (less 1st sentence, and less 36th through 58th words of 2d sentence).Sept. 3, 1954, ch. 1257, § 519(b), 68 Stat. 1179. 307(f)50:1349(b) (36th through 58th words of 2d sentence). In subsection (e), the words “to subsection (a)(1) and (2)” are inserted, since 50:1349(b) was not an exception to that part of 50:1113 relating to qualifications prescribed by the Secretary, or to the requirement that only members of federally recognized units can be federally recognized. The words “without the examination prescribed in section 113 of Title 32” are omitted as covered by the words of exception in revised subsection (a). The last 37 words are substituted for 50:1349(b) (last 29 words of 2d sentence; and last sentence).

Editorial Notes

Amendments

1994—Subsec. (a)(3). Pub. L. 103–337 struck out “and section 8365 and 8366 of title 10” after “of this section”. 1980—Subsec. (g). Pub. L. 96–535 struck out subsec. (g) which prohibited extension of Federal recognition to members of the Virgin Islands National Guard in any grade above colonel. 1972—Subsec. (g). Pub. L. 92–492 added subsec. (g). 1958—Subsec. (a)(3). Pub. L. 85–861, § 2(6)(A), substituted “subsections (d) and (e) of this section and section 8365 and 8366 of title 10” for “subsection (d)”. Subsecs. (e), (f). Pub. L. 85–861, § 2(6)(B), added subsecs. (e) and (f).

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, 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 Subsection (e) of This SectionFor authority of the President to suspend subsec. (e) of this section in time of war or emergency declared by Congress, see section 111 of this title.

Reference

Citations & Metadata

Citation

32 U.S.C. § 307

Title 32National Guard

Last Updated

Apr 6, 2026

Release point: 119-73