COMMISSIONED OFFICERS § 564.2 Appointment. (a) Policy. (1) The appointment, assignment, or transfer of officers in the Army National Guard will be made without regard to race, color, religion, or national origin. (2) The appointment of officers in the Army National Guard is a function of the State concerned, as distinguished from the Federal recognition of such appointment. Upon appointment in the Army National Guard of a State and subscribing to an oath of office, an individual has a State status under which he can function. Such individual acquires a Federal status when he is federally recognized and appointed as a Reserve of the Army. (3) When required by State law, an appointment is not complete until the appointee has executed the oath of office (§ 564.3). (4) The assignment of individuals to units of the Army National Guard, including authority to detail qualified officers to duty as inspectors general and as general staff officers in the category "General Staff with troops," is a function of the State concerned. (ii) Authorized lieutenant aviator position in TOE's applicable to the Army National Guard may be occupied by rated Army aviators in the grade of captain provided qualified lieutenants are not available and all other rated TOE positions in the unit which specify the grade of captain and above are filled. Army aviators selected for promotion to captain as a result of mandatory consideration under the provisions of AR 135-155 may be promoted in the Army National Guard with continued assignment to an aviator position authorizing the grade of lieutenant. (iii) First lieutenants assigned to special forces units who are selected for promotion to captain as a result of mandatory consideration under the provisions of AR 135-155 may be promoted in the Army National Guard with continued assignment to the special forces position authorizing the grade of lieutenant, provided they possess a current parachutist rating (MOS prefix 7) and have completed or are undergoing Special Forces Training (MOS prefix 3). (2) Determination of branch. (i) The applicable TOE under which the unit is organized and to which an individual is to be assigned, will determine the branch in which he is to be assigned, with the following exceptions: (a) When there is no officer of the appropriate branch available for assignment, qualified students enrolled in medical or dental schools approved by the American Medical Association or the American Dental Association who have been federally recognized as second or first lieutenants, Medical Service Corps, under the Medical and Dental Students Early Commissioning Program will be assigned to TOE Medical Service units within existing appropriate officer space vacancy, except such assignment will not be made in position of unit commander. (b) Other than as provided above, Medical Corps officer position vacancies in medical platoons/sections of TOE units may be filled by qualified Medical Service Corps officers possessing MOS 3506 (Medical Assistant) currently serving in the same or lower grade than that prescribed for the vacancy. (The term "platoons/sections" refers only to platoons/sections organic to units of branches of service other than medical, such as medical sections of the Engineer 51-065 0-66-9 Combat Battalion, Division Artillery, Headquarters Company, Infantry Division, etc.) Upon availability of a Medical Corps officer, Medical Service Corps officers serving in a substitute capacity will be reassigned to an appropriate TOE position vacancy or carried in an excess status for the maximum period of one year. Assignment of Medical Service Corps officers to Medical Corps officer position vacancies other than as indicated above is subject to the following limitations: (1) A Medical Service Corps officer may be assigned in lieu of a Medical Corps officer only when all Medical Service Corps positions in the unit, if any, are filled. (2) Assignment of a Medical Service Corps officer to a Medical Corps position is precluded when the unit has 50 percent or more of its authorized Medical Corps officer strength. Only 50 percent of the total authorized Medical Corps positions in a unit may be occupied by Medical Service Corps officers, except in the case of a medical detachment in which only one Medical Corps position is authorized. (3) Officers assigned in lieu of Medical Corps or Dental Corps officers who are selected for promotion as a result of mandatory consideration under AR 135155 may be promoted without change of assignment if promotion is to the same or lower grade than that authorized by the TOE for the Medical Corps or Dental Corps position in which serving. (4) Other than as prescribed in (a) of this subdivision, a Medical Service Corps officer assigned to a medical unit may command the unit except when the unit is actively engaged in the care and treatment of patients or when ordered into active military service. (ii) Officers previously authorized to serve in a substitute capacity may continue in their current assignment pending the availability of an officer replacement of the proper branch. (iii) Officers assigned to a State Headquarters and Headquarters Detachment must meet the requirements for Federal recognition appropriate to the branch and grade in which assigned. (Officers assigned to the Selective Service Section of a State Headquarters and Headquarters Detachment will be governed by the provisions of NGR 20–5.) (c) Persons ineligible. The following persons are not eligible for Federal recognition: (1) Subversive or disloyal persons. Individuals who are, or have been, members of any foreign or domestic organization, association, movement, group, or combination of persons advocating a subversive policy or seeking to alter the form of Government of the United States by unconstitutional means, and whose case has not been adjudicated favorably by the Department of the Army. (2) Conscientious objectors. Individuals who are presently conscientious objectors. A former conscientious objector will be required to furnish an affidavit expressing his abandonment of such beliefs so far as it pertains to his unwillingness to bear arms, and to give full and unqualified military service to the United States. (3) Conviction for other than minor traffic violations. Individuals who have been convicted by any type of military or civil court for other than a minor traffic violation. Chief, National Guard Bureau, may grant waivers for offenses which do not involve moral turpitude under military or civil codes, provided the personal conduct and character of the individual is above reproach at this time, his conduct since the offense has demonstrated his ability to meet requirements of good citizenship, and the violation involved is not deemed prejudicial to performance of duty as an officer. A waiver of an offense involving moral turpitude will be granted only by the Department of the Army. A request for waiver will be supported by documentary evidence, citing the offense, the court action and the judgment rendered. Comments and recommendations of commanders concerned and the State Adjutant General will be forwarded to the Chief, National Guard Bureau, Attn: ARPO, together with a completed NGB Form 62 (excluding indorsements) and evidence that a National Agency Check has been requested or completed in the case of the applicant. (4) Former service personnel separated under certain conditions. (i) Under other than honorable conditions. (ii) For unsatisfactory service. (iii) By reason of resignation in lieu of court-martial, reclassification, or any form of corrective or disciplinary action. (iv) By reason of having been twice passed over for promotion. (v) As a security risk or for other than security reasons while undergoing a security investigation (NGR 35). (vi) By reason of elimination for good of the service. (vii) By reason of having failed a basic branch orientation or familiarization course of their basic or detail branch at a service school for disciplinary, academic or leadership deficiency. (viii) Second lieutenants who failed to be selected for promotion to the grade of first lieutenant. (5) Persons on active or retired list of the Armed Forces. Members on the active or retired list of the Regular components of the Navy, Air Force, Marine Corps, Coast Guard, Public Health Service or the Coast and Geodetic Survey. (6) Students of service academies. Cadets, U.S. Military Academy; midshipmen, U.S. Naval Academy; cadets, United States Air Force Academy; and cadets, U.S. Coast Guard Academy. (7) Persons on the retired list of the United States Army. (i) Regular Army officers unless appointed to general officer grade in the Army National Guard of a State with assignment as State Adjutant General or Assistant Adjutant General. (ii) Reserve commissioned officers who are eligible for or have been retired under 10 U.S.C. 3911, unless prior approval has been granted by the Secretary of the Army. (iii) Former enlisted men retired under 10 U.S.C. 3914. (8) Others ineligible. (i) Female personnel who have any legal or other responsibility for the custody, control, care, maintenance, or support of any child or children, including stepchildren or foster children under 18 years of age. (ii) Selective Service registrants who have received orders from their local boards to report for induction. (iii) Except in the case of adjutant general, those who have been separated from an active status as a Reserve commissioned officer by reason of length of service or time in grade. (d) Appointment of State Military Department personnel-(1) Of a State. The appointment of an individual as the Chief of the State Military Department, and his authorized assistant, and their tenure of Office, are governed by the laws of the State. (Normally, the title of these positions are State Adjutant General and Assistant State Adjutant General but the exact title is governed by the laws of the State.) (2) District of Columbia and Commonwealth of Puerto Rico. The Chief of the Military Department and his Assistant of the District of Columbia and the Commonwealth of Puerto Rico is appointed by the President with such grade and qualifications as the President may prescribe. However, no person will be appointed as Chief of the Military Department, Commonwealth of Puerto Rico unless he is a citizen of that jurisdiction. (e) Appointment of Regular Army and Army Reserve personnel in the Army National Guard-(1) Officers of the Regular Army. In accordance with the provisions of title 32, United States Code, section 315(a), authority may be granted by the Secretary of the Army to officers on the active list of the Regular Army, who are detailed to duty as an advisor or appointed a chief of staff of a division of the Army National Guard, to accept an appointment in the Army National Guard, subject to the following conditions: (i) There must be a vacancy in an appropriate assignment in the Army National Guard in the grade in which the commission is tendered. The command vacancies so filled will be limited to command of a regiment, group or larger organization. Staff vacancies will be limited to those in a brigade or higher organization. (ii) State authorities must make the request for the appointment to the Chief, National Guard Bureau, giving the grade proposed for the appointee and the branch and position to which his assignment is desired. (iii) Appointment in the Army National Guard will be in the same grade held by the Regular Army Officer, and not below that of major or above that of major general. (iv) The appointment in the Army National Guard will be terminated when the unit to which the officer is assigned is called or ordered into the active military service, when the Regular Army officer holding the appointment is relieved from duty with the Army National Guard of the State in which he holds an appointment or when a qualified Army National Guard officer is assigned to the position. (v) Appointment is limited to a period of 2 years subject to further extension by the Chief, National Guard Bureau, upon request of the governor concerned. (2) Enlisted persons of the Regular Army. Enlisted members on the active list of the Regular Army may not accept a commission in the Army National Guard even though they may be detailed to duty with the Army National Guard. (3) Members of the U.S. Army Reserve. (i) A person who is an enlisted member of the U.S. Army Reserve will be required to obtain a conditional release from his Reserve enlistment before being appointed in the Army National Guard. (ii) A person who holds an appointme: t as a Reserve Commissioned Officer of the Army, with assignment to the U.S. Army Reserve will be required to obtain a conditional release from his Army Reserve assignment, pending attainment of Federal recognition. If appointment is in a higher grade, a new Reserve of the Army appointment in that grade will be tendered. (f) Appointment of individuals receiving benefits. Applicants for appointment who are entitled to a pension, retirement pay or disability compensation from the United States Government by virtue of prior military service, except as indicated in paragraph (c) of this section, are eligible to be considered for Federal recognition in the Army National Guard provided: (1) They are qualified in all respects. (2) They waive, for the remainder of the current fiscal year and upon commencement of each fiscal year thereafter, either that portion of their benefits for the days for which they received Federal pay and allowances for services as members of the Army National Guard, or their Army National Guard pay and allowances. (See NGR 58.) CODIFICATION: § 564.2 was revised at 28 F.R. 1331, Feb. 2, 1963, and subsequently paragraph (a) was amended, 30 F.R. 9765, Aug. 5, 1965. (a) Graduates of accredited officer candidate schools who also have completed the 6 months active duty for training program with the Armed Forces. (b) Commissioned officers of the Army Reserve who apply for Federal recognition in the Army National Guard. (ii) Maximum ages-(a) Appointment. Applicants for Federal recognition must not have attained the birthday shown below prior to appointment in grade indicated, except that age limits may be increased by an amount not to exceed length of previous service in the same or higher grade in an active status in any components of the Armed Forces. Waiver of the maximum age limitation will be considered for appointment to second lieutenant if applicant becomes over age due to administrative processing, provided the application was submitted within a reasonable period to permit normal processing and any delay encountered resulted from circumstances beyond control of the applicant. In any event, waiver will not be considered for any period in excess of 12 months. To insure adequate time for processing, applicants should be encouraged to submit their applications prior to their 27th birthday. An applicant's age must be such that he can serve at least 1 year before recognition will be terminated under age limitations as prescribed in § 564.5. Provisions of this paragraph are not applicable to applicants for promotion or change in branch. Grade: 2d lieutenant_ Lieutenant colonel_ Age 28 33 39 48 51 55 (b) Exception. As an exception to the above, applicants selected for participation in the Army Senior Medical or Dental Student Programs and female applicants for assignment to the Army Nurse Corps and Army Medical Specialist Corps may be considered for Federal recognition as second lieutenant, Medical Service Corps, Army Nurse Corps, or Army Medical Specialist Corps as appropriate, provided they have not passed their 30th birthday. (c) Termination. See § 564.5. (iii) Minimum ages. The following minimum ages will apply for original appointment of officers to the grade indicated (except those initially commis |