Page:United States Statutes at Large Volume 66.djvu/548

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502

Federal recognition.

32 USC 113. Appointment.

Temporary recognition.

32 USC 113.

PUBLIC LAW 4 7 6 - J U L Y 9, 1952

[66

ST AT.

they hold in the National Guard of the several States, Territories, or the District of Columbia. (b) The Air National Guard of the United States shall consist of all federally recognized units, organizations, and members of the Air National Guard of the several States, Territories, and the District of Columbia, who in addition to their status as such, are Reserves of the Air Force in the same commissioned, warrant, or enlisted grade as they hold in the Air National Guard of the several States, Territories, or the District of Columbia. SEC. 703. (a) To be federally recognized, a member of the National Guard or Air National Guard of any State, Territory, or the District of Columbia must be a member of a federally recognized unit or other federally recognized subdivision of the National Guard or Air National Guard, respectively, and possess the qualifications prescribed by the appropriate Secretary for the grade, branch, position, and type of unit or other subdivision involved, and, in the case of officers, except as provided in section 705 of this Act, successfully pass the examination prescribed by section 75, National Defense Act, as amended. (b) Upon being federally recognized, those officers who do not hold appointments as Reserve officers of the appropriate Armed Force of the United States shall be appointed as Reserve officers of the appropriate Armed Force of the United States in the same grade in which they hold federally recognized appointments in the National Guard or Air National Guard of a State, Territory, or the District of Columbia, for service as a member of the National Guard of the United States or Air National Guard of the United States, as appropriate: Provided, That the acceptance of an appointment in the same grade and branch as a Reserve officer of the Armed Force of the United States concerned, by an officer of the National Guard or Air National Guard of a State, Territory, or the District of Columbia, shall not operate to vacate his State, Territory, or District of Columbia National Guard or Air National Guard office. SEC. 704. The appropriate Secretary may by regulation authorize the temporary extension of Federal recognition to any officer of the National Guard or Air National Guard who shall have successfully passed the examination prescribed in section 75 of the National Defense Act, as amended, pending final determination of his eligibility for, and his appointment as, a Reserve officer of the Army or Air Force in the grade concerned. If and when so appointed the appointment shall be dated as of, shall be considered to have been accepted on, and shall be deemed to have been effective from, the date of such recognition. However, a temporary extension of Federal recognition shall be granted only when the officer takes oath that during such recognition he will perform all Federal duties and obligations required of him the same as though he were appointed as a Reserve officer of the Army or Air Force in the same grade. Such temporary recognition may be withdrawn at any time and if not sooner withdrawn or replaced by permanent recognition upon appointment as a Reserve officer in the same grade, it shall automatically terminate six months after its effective date: Provided, That temporary extension of Federal recognition may, as provided in this section, be granted to Reserve officers pending final determination of their eligibility for such Federal recognition. SEC. 705. (a) Notwithstanding the provisions of section 75, National Defense Act, as amended, whenever a member of the Army Reserve or Air Force Reserve becomes an officer of the National Guard or Air National Guard of any State, Territory, or District of Columbia in the same grade in which he is appointed as a Reserve officer of the appropriate Armed Force of the United States, he shall, subject