158 Appointment to same grade and branch in the National Guard of the United States . Proviso . Not to vacate State, etc ., office . Federally recognized officers of National Guard, appointment, etc . Vol.39,p. 202. Examinations for eommissions . Board of examiners . Certificate to issue, if qualified . Eligibility for ap- pointment in National Guard of the United Sta tes . Vol. 39, p. 202. Withd rawa l of Fed- eral recognition . Absen ce
without leave for 3 months . 73d CONGRE SS . SESS. I. CH. 87. JUNE 15, 1933 . "The President is authorized to appoint in the same grade and branch in the National Guard of the United States any person who is an officer or warrant officer in the National Guard of any State, Territory, or the District of Columbia and who is federally recog- nized in that grade and branch : Provided, That acceptance of ap- pointment in the same grade and branch in the National Guard of the United States, by an officer of the 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 office . " Officers or warrant officers of the National Guard who are in a fede rally recogn ized s tatus on the date o f the approv al of this A ct shall take the oath of office herein prescribed and shall be appointed in the National Guard of the United States in the same grade and branch without further examination, other than physical, within a time limit to be fixed by the President, and shall in the meantime conti nue to enjoy all t he rig hts, b enefits , and privil eges c onferr ed by this Act." SEC. 12 . That section 75 of said Act be, and the same is hereby, amended by striking out the same and inserting the following in lieu thereof " SEC. 75 . The provisions of this Act shall not apply to any person hereafter appointed as an officer of the National Guard unless he first shall have successfully passed such tests as to his physical, moral, and professional fitness as the President shall prescribe . The exam inati on to det ermin e suc h qua lifi catio ns fo r ap point ment shall be conducted by a board of three commissioned officers appointed by the Secretary of War from the Regular Army or the National Guard of the United States, or both . The examination herein provided for may be held prior to the original appointment or promotion of any individual as an officer or warrant officer and if the applicant has been found qualified, he may be issued a cer- tificate of eligibility by the Chief of the National Guard Bureau, which certificate, in the event of appointment or promotion within two years to the office for which he was found qualified, shall entitle the holder to Federal recognition without further examination, except as to his p hysica l cond ition . " Upon being federally recognized such officers and warrant offi- cers may be appointed in the National Guard of the United States ." SEC . 13 . That section 76 of said Act be, and the same is hereby, amended by striking out the same and inserting the following in lieu thereof " SEC. 76. WITHDRAWAL OF FEDERAL RECOGNITI ON .- U n d e r such regulations as the President shall prescribe the capacity and general fitness of any officer or warrant officer of the National Guard of the several States, Territories, and the District of Columbia for cont inued Fede ral r ecog nitio n may at any t ime b e in vesti gated by an efficiency board of officers senior in rank to the officer under investigation, appointed by the Secretary of War from the Regular Army or the National Guard of the United States, or both . If the findings of said board be unfavorable to the officer under inves- tigatio n and be app roved by the Presi dent, F ederal recog nition shall be withdrawn and he shall be discharged from the National Guard of the United States . Federal recognition may be withdrawn by the Secretary of War and his appointment in the National Guard of the United States may be terminated when an officer or warrant officer of the National Guard of any State, Territory, or the District of Columbia has been absent without leave for three months ."
