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Title 32 — National GuardRelease 119-73not60

§308 Federal Recognition of Officers: Temporary Recognition

Title 32 › Chapter 3— PERSONNEL › § 308

Last updated Apr 5, 2026|Official source

Summary

The Secretary of the Army can give temporary federal officer status in the Army National Guard to someone who passed the exam required in section 307(b) while they wait to be appointed as an Army reserve officer. The Secretary of the Air Force can do the same for people waiting to become Air Force reserve officers. That temporary status can be taken away at any time and ends one year after it starts unless it is replaced by permanent recognition when the person is appointed in the same grade. To get this temporary status, a person must swear an oath to carry out their federal duties as if they had already been appointed as a reserve officer.

Full Legal Text

Title 32, §308

National Guard — Source: USLM XML via OLRC

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 Temporary recognition so extended may be withdrawn at any time. If not sooner withdrawn or replaced by permanent recognition upon appointment as a reserve officer in the same grade, it terminates one year after its effective date.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

Legislative History

Notes & Related Subsidiaries

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

Amendments

2008—Subsec. (a). Pub. L. 110–181 substituted “one year” for “six months” in last sentence.

Reference

Citations & Metadata

Citation

32 U.S.C. § 308

Title 32 — National Guard

Last Updated

Apr 5, 2026

Release point: 119-73not60