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U.S. Code as of:
01/19/04
Section 323. Withdrawal of Federal recognition
(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the National Guard, his Federal recognition shall be withdrawn.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.
If the findings of the board are unfavorable to the officer and are
approved by the President, his Federal recognition shall be
withdrawn.
(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recognition is withdrawn.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;
shall, if not sooner withdrawn, be withdrawn on the date of such
involuntary transfer or discharge.
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