Notes on 32 U.S.C. § 310 : US Code - Notes

Search Notes on 32 U.S.C. § 310 : US Code - Notes

(Added Pub. L. 85-861, Sec. 2(7), Sept. 2, 1958, 72 Stat. 1544;
amended Pub. L. 103-337, div. A, title XVI, Sec. 1630(1), Oct. 5,
1994, 108 Stat. 2964.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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310(a) 50:1252 (less (2)). Sept. 3, 1954, ch. 1257,
Sec. 320, 68 Stat. 1160.
310(b)
50:1252(2).
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In subsections (a) and (b), the words "federally recognized" are
inserted for clarity.
In subsection (a), the words "or the date of the promotion,
whichever is later" are omitted as inconsistent with section
3820(c) of title 10, requiring the discharge of each second
lieutenant who is not promoted by the time he has three years of
service. (See opinion of the Judge Advocate General of the Army
(JAGA 1957/1019, Jan. 7, 1957).)
AMENDMENTS
1994 - Pub. L. 103-337 substituted "National Guard officers:" for
"officers: Army National Guard;" in section catchline and amended
text generally. Prior to amendment, text read as follows:
"(a) Notwithstanding sections 307 and 309 of this title, if a
second lieutenant of the Army National Guard is promoted to the
grade of first lieutenant to fill a vacancy in a federally
recognized unit thereof, Federal recognition is automatically
extended to him in the grade of first lieutenant, effective as of
the date on which he completes three years of service computed
under section 3360(a) of title 10.
"(b) Notwithstanding sections 307 and 309 of this title, if an
officer of the Army Reserve in a reserve grade above second
lieutenant is appointed in the next higher grade in the Army
National Guard to fill a vacancy in a federally recognized unit
thereof, Federal recognition is automatically extended to him in
the grade in which he is so appointed in the Army National Guard,
if he has been recommended for promotion to the grade concerned
under section 3366, 3367, 3370, or 3383 of title 10 and has
remained in an active status since he was so recommended. The
extension of Federal recognition under this subsection is effective
as of the date when the officer is appointed in the Army National
Guard."
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-337 effective Oct. 1, 1996, see section
1691(b)(1) of Pub. L. 103-337, set out as an Effective Date note
under section 10001 of Title 10, 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 section 111 of this
title.