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U.S. Code as of:
01/19/04
Section 307. Federal recognition of officers: examination; certificate of eligibility
(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.
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