§309 Federal recognition of National Guard officers: officers promoted to fill vacancies

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.

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.”

of 1994 AmendmentAmendment by Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as an

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.