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

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.

(Added Pub. L. 85–861, §2(7), Sept. 2, 1958, 72 Stat. 1543 ; amended Pub. L. 103–337, div. A, title XVI, §1630(1), Oct. 5, 1994, 108 Stat. 2963 .)

Amendment of Section

Pub. L. 103–337, div. A, title XVI, §§1630(1), 1691(b)(1), Oct. 5, 1994, 108 Stat. 2963 , 3026, provided that, effective Oct. 1, 1996, this section is amended to read as follows:

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

Each officer of the National Guard who is promoted to fill a vacancy in a federally recognized unit of the National Guard, and who has been on the reserve active-status list or the active-duty list of the Army or the Air Force for at least one year and has completed the minimum years of service in grade specified in section 14303 of title 10, shall be examined for Federal recognition in the grade to which the officer is promoted.

The words "authorized under section 1227(a) of this title" are omitted as surplusage.

Effective Date of 1994 Amendment

Amendment by 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.

Section Referred to in Other Sections

This section is referred to in sections 111, 310 of this title; title 10 sections 3363, 3385.