32 USC § 309 - Federal recognition of National Guard officers: officers promoted to fill vacancies

---
identifier: "/us/usc/t32/s309"
source: "usc"
legal_status: "official_legal_evidence"
title: "32 USC § 309 - Federal recognition of National Guard officers: officers promoted to fill vacancies"
title_number: 32
title_name: "NATIONAL GUARD"
section_number: "309"
section_name: "Federal recognition of National Guard officers: officers promoted to fill vacancies"
chapter_number: 3
chapter_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(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.)"
---


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

section 14303 of title 10

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 , shall be examined for Federal recognition in the grade to which the officer is promoted.

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**Source Credit**: (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.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 309 | 50:1251. | Sept. 3, 1954, ch. 1257, § 319, 68 Stat. 1160. |

The words “authorized under ” are omitted as surplusage.

## Editorial Notes

### Amendments

1994— substituted “National Guard officers: officers” for “officers: Army National Guard; officers” in section catchline and amended text generally. Prior to amendment, text read as follows: “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 , 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 .”

## Statutory Notes and Related Subsidiaries

### Effective Date of 1994 Amendment

Amendment by  effective , see , set out as an Effective Date note under , Armed Forces.

### Suspension of This Section

For authority of the President to suspend this section in time of war or emergency declared by Congress, see .