Title 32 — National GuardRelease 119-73
§323 Withdrawal of Federal recognition
Title 32 › Chapter CHAPTER 3— - PERSONNEL › § 323
Summary
Federal recognition must be withdrawn when a National Guard member no longer meets the qualifications in section 301 or is no longer in a federally recognized Guard unit. Under rules set by the President, an officer’s fitness for continued federal recognition can be reviewed at any time by an efficiency board made up of higher‑ranking commissioned officers from the Regular Army or Army National Guard (for Army members) or from the Regular Air Force or Air National Guard (for Air members), chosen by the Secretary of the Army or the Secretary of the Air Force. If a Guard member is transferred to the Army Reserve or Air Force Reserve under 10 U.S.C. 12105, 12213(a), or 12214(a), federal recognition is withdrawn. Paragraph (d) addresses reserve commissioned officers who are federally recognized as Guard officers and who face involuntary transfer to the Retired Reserve, transfer to an inactive list, or discharge under chapters 1407, 1409, or 1411 of title 10.
Full Legal Text
Title 32, §323
National Guard — Source: USLM XML via OLRC
(a)Whenever a member of the National Guard ceases to have the qualifications prescribed under section 301 of this title or ceases to be a member of a federally recognized unit or organization of the National Guard, his Federal recognition shall be withdrawn.
(b)Under regulations to be prescribed by the President, the capacity and general fitness of an officer of the National Guard for continued Federal recognition may be investigated at any time by an efficiency board composed of commissioned officers of—
(1)the Regular Army or the Army National Guard of the United States, or both, who out-rank him and who are detailed by the Secretary of the Army, if he is a member of the Army National Guard; or
(2)the Regular Air Force or the Air National Guard of the United States, or both, who outrank him and who are detailed by the Secretary of the Air Force, if he is a member of the Air National Guard.
(c)If a member of the Army National Guard of the United States or the Air National Guard of the United States is transferred to the Army Reserve or the Air Force Reserve, as the case may be, under section 12105, 12213(a), or 12214(a) of title 10, his Federal recognition is withdrawn.
(d)The Federal recognition of a reserve commissioned officer of the Army or the Air Force who is—
(1)federally recognized as an officer of the National Guard; and
(2)subject to involuntary transfer to the Retired Reserve, transfer to an inactive status list, or discharge under chapter 1407, 1409, or 1411 of title 10;
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 323(a) 323(b) 323(c)32:154 (last 26 words of last par.).32:115 (1st sentence, and 1st 24 words of 2d sentence).50:1116 (last 15 words of 1st sentence).
June 3, 1916, ch. 134, § 76 (1st sentence, and 1st 24 words of 2d sentence); restated
June 15, 1933, ch. 87, § 13 (1st sentence, and 1st 24 words of 2d sentence), 48 Stat. 158.
June 3, 1916, ch. 134, § 110 (last 25 words of last par.); restated Sept. 22, 1922, ch. 423, § 6 (last 137 words of last par.); restated
May 12, 1928, ch. 529 (last 25 words), 45 Stat. 501.
July 9, 1952, ch. 608, § 706 (last 15 words of 1st sentence), 66 Stat. 503. In subsection (a) the words “ceases to have the qualifications prescribed under section 300 of this title” are substituted for 32:154 (last 26 words of last par.), since it is implicit that a member who could not be paid would lose his federally recognized status (see JAGA 1953/9033, 3 Dec. 1953). The last 23 words of subsection (a) are inserted as a necessary implication of the rule stated in section 309(c) of this title. In subsection (b), the words “or warrant officer” are omitted, since section 101(9) of this title defines “officer” to include warrant officers. The word “detailed” is substituted for the word “appointed”, since the filling of the positions involved is not appointment to an office in the constitutional sense. The word “commissioned” is inserted after the words “composed of”, since the word “officer” alone, in 32:115, referred to a commissioned officer only (see opinion of the Judge Advocate General of the Army (JAGA 1953/4078, 6 May 1953)). The words “who outrank him” are substituted for the words “senior in rank to the officer under investigation”. In subsection (c), the opening clause is substituted for the words “such transfer”. The words “his Federal recognition is withdrawn” are substituted for the words “shall terminate his federally recognized National Guard or Air National Guard status”. 1958 Act Section of title 32Source (U.S. Code)Source (Statutes at Large) 323(d) 323(e)50:1261 (as applicable to Federal recognition).50:1352(e)(1) (56th through 63d words).50:1352(e)(2) (78th through 85th words).Sept. 3, 1954, ch. 1257, §§ 324 (as applicable to Federal recognition), 522(e)(1) (56th through 63d words). (e)(2) (78th through 85th words), 68 Stat. 1161, 1181. The change [in subsec. (b)(1) and (2)] is necessary to exclude from the efficiency board commissioned officers of the Army Reserve or Air Force Reserve, in accordance with the source law, the first sentence of section 76 of the Act of
June 3, 1916, chapter 134 (formerly 32 U.S.C. 115 (1st sentence)). In subsection (d), the words “notwithstanding section 115 of title 32” are omitted as surplusage. In subsection (e), the words “if appropriate” are omitted as surplusage.
Editorial Notes
Amendments
1994—Subsec. (c). Pub. L. 103–337, § 1676(a)(3), substituted “12105, 12213(a), or 12214(a)” for “3259, 3352(a), 8259, or 8352(a)”. Subsecs. (d), (e). Pub. L. 103–337, § 1630(2), added subsec. (d) and struck out former subsecs. (d) and (e) which read as follows: “(d) Except as provided in section 1005 and 1006 of title 10, the Federal recognition of a second lieutenant of the Army National Guard who is discharged under section 3820(c) of title 10 for failure of promotion shall be withdrawn on the date of that discharge. “(e) Except as provided in section 1005 and 1006 of title 10, the Federal recognition of a reserve officer of the Air Force who is not recommended for promotion under section 8368(c)(1) or (2) of title 10, or who is found to be not qualified for Federal recognition under section 8368(d) or (e) of title 10, shall be withdrawn.” 1958—Subsec. (b)(1). Pub. L. 85–861, § 33(c)(2), substituted “the Regular Army or the Army National Guard of the United States, or both” for “a regular or reserve component of the Army”. Subsec. (b)(2). Pub. L. 85–861, § 33(c)(2), substituted “the Regular Air Force or the Air National Guard of the United States, or both” for “a regular or reserve component of the Air Force”. Subsecs. (d), (e). Pub. L. 85–861, § 2(11), added subsecs. (d) and (e).
Statutory Notes and Related Subsidiaries
Effective Date
of 1994 AmendmentAmendment by section 1676(a)(3) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, and amendment by section 1630(2) of 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.
Effective Date
of 1958 AmendmentAmendment by section 33(c)(2) of Pub. L. 85–861 effective Aug. 10, 1956, see section 33(g) of Pub. L. 85–861, set out as a note under section 101 of Title 10, Armed Forces. Suspension of Subsection (d) of This SectionFor authority of the President to suspend subsec. (d) 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. § 323
Title 32 — National Guard
Last Updated
Apr 6, 2026
Release point: 119-73