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PUBLIC LAW 86-861-SEPT. 2, 1968
[72 S T A T.
"§310. Federal recognition of officers: Army National Guard; automatic recognition 32 use307.309. «(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 recom. mended. The extension of Federal recognition under this subsection is effective as of the date when the officer is appointed in the Army National Guard." (8) The analysis of chapter 3 is amended by inserting the following new items: "309. Federal recognition of oflScers: Army National Guard; ofQcers promoted to Qll vacancies. "310. Federal recognition of officers: Army National Guard; automatic recognition." 32 USC 313. ^9) Section 313(b) is amended to read as follows: "(b) To be eligible for appointment as an officer of the National Guard, a person must— "(1) be a citizen of the United States; "(2) be at least 18 years of age and under 64; and "(3) in the case of a woman appointed with a view to serving as a nurse or medical specialist, be at least 21 years of age and under 64." 32 USC 321. (10) Section 321 is amended to read as follows: "§ 321. Death gratuity "(a) Except as provided in subsection (h), the Secretary of the Army or the Secretary of the Air Force, as the case may be, shall have a death gratuity paid to or for the survivor prescribed by subsection (e) immediately upon receiving official notification of the death of a member of the National Guard who— "(1) dies while performing full-time training or duty under 32 USC 316,502section 316, 502, 503, 504, or 505 of this title or while performing SOS.
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authorized travel to or from that training or duty; "(2) dies while performing other training or duty under one 37 USC 301. of those sections or under section 301 of title 37; or "(3) when authorized or required by an authority designated by the Secretary concerned, assumed an obligation to perform training or duty under one of those sections or under section 301 of title 37 (other than work or study in connection with a correspondence course of an armed force or attendance, in an inactive status, at an educational institution under the sponsorship of an armed force or the Public Health Service), and who dies from an injury incurred by him after December 31, 1956, while traveling directly to or from that training or duty. "(b) Except as provided in subsection (h), the Secretary of the Army or the Secretary of the Air Force, as the case niay be, shall have a death gratuity paid to or for the survivor prescribed by subsection (e) of each member of the National Guard who dies within 120 days after his discharge or release from—
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