§ 305. Federal recognition of commissioned officers: persons eligible

Statutory text

The following categories are eligible for Federal recognition as commissioned officers of the National Guard:

Members of the National Guard.

Members of the armed forces.

Former officers of the armed forces.

Former enlisted members of the armed forces who were discharged honorably or under honorable conditions.

Graduates of the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the United States Coast Guard Academy, or the United States Merchant Marine Academy.

Graduates of a school, college, university, or officer’s training camp who received military instruction under the supervision of a commissioned officer of the Regular Army or the Regular Air Force, and whose fitness for appointment has been certified by that officer.

Civilians who are specially qualified for duty in a technical or staff branch or organization.

To be eligible for Federal recognition under this section with a view to serving as a nurse, a person must be a graduate of a hospital or university training school and a registered nurse.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1956
Aug. 10, 1956, ch. 1041, 70A Stat. 602 · 70A Stat. 602
Enacted · 32 U.S.C. § 305
Aug. 10, 1956, ch. 1041, 70A Stat. 602
Source evidence
Code source credit
Aug. 10, 1956, ch. 1041, 70A Stat. 602
1958
Pub. L. 85–861 § 2(5)(A) · 72 Stat. 1437
1. Amended · 32 U.S.C. § 305(a)
  Pub. L. 85–861, § 2(5)(A), designated existing provisions as subsec. (a)
2. Substituted · 32 U.S.C. § 305(a)
  Pub. L. 85–861, § 2(5)(A), substituted “Except as provided in subsection (b), only male persons” for “Only persons”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 85–861, § 2(5)(A), designated existing provisions as subsec. (a) and substituted “Except as provided in subsection (b), only male persons” for “Only persons”.
Enacted provision · exact public law section
(A) By striking out the word “Only” at the beginning and inserting the following in place thereof: “(a) Except as provided in subsection (b), only male”.
1958
Pub. L. 85–861 § 2(5)(B) · 72 Stat. 1437
Added · 32 U.S.C. § 305(b)
Pub. L. 85–861, § 2(5)(B), added subsec. (b)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 85–861, § 2(5)(B), added subsec. (b).
Enacted provision · exact public law section
(B) By adding the following new subsection at the end thereof: “(b) Women are eligible for Federal recognition as commissioned officers of the National Guard, with a view to serving as nurses or medical specialists. However, to be eligible for Federal recognition under this section with a view to serving as a nurse, a woman must be a graduate of a hospital or university training school and a registered nurse.”
1967
Pub. L. 90–130 § 2(1)(A) · 81 Stat. 374
Struck · 32 U.S.C. § 305(a)
Pub. L. 90–130, § 2(1)(A), struck out provision that, except as provided in subsec. (b), only male persons from the enumerated categories were eligible for Federal recognition as commissioned officers of the National Guard
Source evidence
Code amendment note
Subsec. (a). Pub. L. 90–130, § 2(1)(A), struck out provision that, except as provided in subsec. (b), only male persons from the enumerated categories were eligible for Federal recognition as commissioned officers of the National Guard.
Enacted provision · exact public law section
(A) striking out “Except as provided in subsection (b), only male persons selected from the” and inserting in place thereof “The” in subsection (a);
1967
Pub. L. 90–130 § 2(1)(B) · 81 Stat. 374
1. Struck · 32 U.S.C. § 305(b)
  Pub. L. 90–130, § 2(1)(B), (C), struck out provision that women are eligible for Federal recognition as commissioned officers of the National Guard, with a view to serving as nurses or medical specialist
2. Substituted · 32 U.S.C. § 305(b)
  Pub. L. 90–130, § 2(1)(B), (C), substituted “person” for “woman” in description of the individual who must be a graduate of a hospital or university training school and a registered nurse in order to be eligible for Federal recognition under this section with a view to serving as a nurse
Source evidence
Code amendment note
Subsec. (b). Pub. L. 90–130, § 2(1)(B), (C), struck out provision that women are eligible for Federal recognition as commissioned officers of the National Guard, with a view to serving as nurses or medical specialist, and substituted “person” for “woman” in description of the individual who must be a graduate of a hospital or university training school and a registered nurse in order to be eligible for Federal recognition under this section with a view to serving as a nurse.
Enacted provision · exact public law section
(B) striking out the first sentence of subsection (b); and
2004
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 505(1) · 118 Stat. 1811
Substituted · 32 U.S.C. § 305(a)(2)(4)
Pub. L. 108–375, § 505(1), substituted “armed forces” for “Army, Navy, Air Force, or Marine Corps”
Source evidence
Code amendment note
Subsec. (a)(2) to (4). Pub. L. 108–375, § 505(1), substituted “armed forces” for “Army, Navy, Air Force, or Marine Corps”.
Enacted provision · exact public law section
(1) by striking “Army, Navy, Air Force, or Marine Corps” in paragraphs (2), (3), and (4) and inserting “armed forces”; and
2004
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 505(2) · 118 Stat. 1811
Substituted · 32 U.S.C. § 305(a)(5)
Pub. L. 108–375, § 505(2), substituted “the United States Air Force Academy, or the United States Coast Guard Academy” for “or the United States Air Force Academy”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 108–375, § 505(2), substituted “the United States Air Force Academy, or the United States Coast Guard Academy” for “or the United States Air Force Academy”.
Enacted provision · exact public law section
(2) by striking “or the United States Air Force Academy” in paragraph (5) and inserting “the United States Air Force Academy, or the United States Coast Guard Academy”.
2011
Ike Skelton National Defense Authorization Act for Fiscal Year 2011
Pub. L. 111–383 div. A title V § 517 · 124 Stat. 4137
Substituted · 32 U.S.C. § 305(a)(5)
Pub. L. 111–383 substituted “the United States Coast Guard Academy, or the United States Merchant Marine Academy” for “or the United States Coast Guard Academy”
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 111–383 substituted “the United States Coast Guard Academy, or the United States Merchant Marine Academy” for “or the United States Coast Guard Academy”.
Enacted provision · exact public law section
SEC. 517. DIRECT APPOINTMENT OF GRADUATES OF THE UNITED STATES MERCHANT MARINE ACADEMY INTO THE NATIONAL GUARD. Section 305(a)(5) of title 32, United States Code, is amended by striking “or the United States Coast Guard Academy” and inserting “the United States Coast Guard Academy, or the United States Merchant Marine Academy”.

9 of 10 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision

Historical and Revision Notes
1956 Act
Revised section	Source (U.S. Code)	Source (Statutes at Large)
305	32:111 (less 37th through 54th words).	June 3, 1916, ch. 134, § 74 (less 39th through 56th words); restated June 4, 1920, ch. 227, subch. I, § 41 (less 39th through 56th words), 41 Stat. 781.

The word “individual” is inserted for clarity to distinguish the individual Federal recognition that is necessary to membership as an officer from the general Federal recognition that is necessary to all membership in the National Guard (see section 301 of this title).

The words “June 4, 1920” are omitted as obsolete. The words “Only persons selected from the following categories are eligible for individual Federal recognition as commissioned officers” are substituted for the words “Persons commissioned * * * shall not be recognized as such under any of the provisions of this title unless they shall have been selected from the following classes”.

In clause (2), the words “reserve officers” are omitted as covered by the words “members of the Army, Navy, Air Force, or Marine Corps”.

In clause (4), the words “under honorable conditions” are inserted for clarity.

In clause (5), the words “the United States Air Force Academy” are inserted to reflect the establishment of that institution by the Air Force Academy Act (68 Stat. 47).

In clause (7), the words “staff branch” are substituted for the words “Staff Corps and departments”.

historicalAndRevision

1958 Act
Section of title 32	Source (U.S. Code)	Source (Statutes at Large)
305(b)	32 App.:4 (less applicability to age).	July 30, 1956, ch. 789, §§ 2 (less applicability to age), 3, 70 Stat. 729.

The words “who are citizens of the United States” are omitted as covered by section 313(b) of this title. The words “with a view to serving” are substituted for the words “to serve”. The words “and have the physical and other qualifications prescribed by the Secretary of the Army” and section 3 of the source statute are omitted as covered by section 307(a)(2) of this title. The applicability of section 3 of the source statute to section 1 of the source statute is omitted as unnecessary.

Editorial Notes

Amendments1958–2011 · 4 rounds

2011

Subsec. (a)(5). Pub. L. 111–383 substituted “the United States Coast Guard Academy, or the United States Merchant Marine Academy” for “or the United States Coast Guard Academy”.

2004

Subsec. (a)(2) to (4). Pub. L. 108–375, § 505(1), substituted “armed forces” for “Army, Navy, Air Force, or Marine Corps”.

Subsec. (a)(5). Pub. L. 108–375, § 505(2), substituted “the United States Air Force Academy, or the United States Coast Guard Academy” for “or the United States Air Force Academy”.

1967

Subsec. (a). Pub. L. 90–130, § 2(1)(A), struck out provision that, except as provided in subsec. (b), only male persons from the enumerated categories were eligible for Federal recognition as commissioned officers of the National Guard.

Subsec. (b). Pub. L. 90–130, § 2(1)(B), (C), struck out provision that women are eligible for Federal recognition as commissioned officers of the National Guard, with a view to serving as nurses or medical specialist, and substituted “person” for “woman” in description of the individual who must be a graduate of a hospital or university training school and a registered nurse in order to be eligible for Federal recognition under this section with a view to serving as a nurse.

1958

Subsec. (a). Pub. L. 85–861, § 2(5)(A), designated existing provisions as subsec. (a) and substituted “Except as provided in subsection (b), only male persons” for “Only persons”.

Subsec. (b). Pub. L. 85–861, § 2(5)(B), added subsec. (b).

Credits

1956–2011 · 5 acts

1956Aug. 10, 1956, ch. 1041, 70A Stat. 602
1958Pub. L. 85–861, § 2(5), Sept. 2, 1958, 72 Stat. 1543
1967Pub. L. 90–130, § 2(1), Nov. 8, 1967, 81 Stat. 383
2004Pub. L. 108–375, div. A, title V, § 505, Oct. 28, 2004, 118 Stat. 1875
2011Pub. L. 111–383, div. A, title V, § 517, Jan. 7, 2011, 124 Stat. 4214.

Show as published

(Aug. 10, 1956, ch. 1041, 70A Stat. 602; Pub. L. 85–861, § 2(5), Sept. 2, 1958, 72 Stat. 1543; Pub. L. 90–130, § 2(1), Nov. 8, 1967, 81 Stat. 383; Pub. L. 108–375, div. A, title V, § 505, Oct. 28, 2004, 118 Stat. 1875; Pub. L. 111–383, div. A, title V, § 517, Jan. 7, 2011, 124 Stat. 4214.)