32 U.S.C. § 310 : US Code - Section 310: Federal recognition of National Guard officers: automatic recognition

Search 32 U.S.C. § 310 : US Code - Section 310: Federal recognition of National Guard officers: automatic recognition

(a) Notwithstanding sections 307 and 309 of this title, if a
second lieutenant of the National Guard is promoted to the grade of
first lieutenant to fill a vacancy in a federally recognized unit
in the National Guard, Federal recognition is automatically
extended to that officer in the grade of first lieutenant,
effective as of the date on which that officer has completed the
service in the grade specified in section 14303(a)(1) of title 10
and has met such other requirements as prescribed by the Secretary
concerned under section 14308(b) of that title, if the officer has
remained in an active status since the officer was so recommended.
(b) Notwithstanding sections 307 and 309 of this title, if an
officer of the Army Reserve or the Air Force Reserve in a reserve
grade above second lieutenant is appointed in the next higher grade
in the National Guard to fill a vacancy in a federally recognized
unit in the National Guard, Federal recognition is automatically
extended to that officer in the grade in which the officer is so
appointed in the National Guard if the officer has been recommended
for promotion under chapter 1405 of title 10 and has remained in an
active status since the officer was so recommended. The extension
of Federal recognition under this subsection is effective as of the
date when the officer is appointed in the National Guard.