The word "individual" is inserted for clarity to distinguish the individual Federal recognition that is necessary to membership as an officer from the general Federal recognition that is necessary to all membership in the National Guard (see section 301 of this title).

The words "June 4, 1920" are omitted as obsolete. The words "Only persons selected from the following categories are eligible for individual Federal recognition as commissioned officers" are substituted for the words "Persons commissioned * * shall not be recognized as such under any of the provisions of this title unless they shall have been selected from the following classes".

In clause (2), the words "reserve officers" are omitted as covered by the words "members of the Army, Navy, Air Force, or Marine Corps".

In clause (4), the words "under honorable conditions" are inserted for clarity.

In clause (5), the words "the United States Air Force Academy" are inserted to reflect the establishment of that institution by the Air Force Academy Act (68 Stat. 47).

In clause (7), the words "staff branch" are substituted for the words "Staff Corps and departments".

AMENDMENTS

1967-Subsec. (a). Pub. L. 90-130, § 2(1) (A), struck out provision that, except as provided in subsec. (b), only male persons from the enumerated categories were eligible for Federal recognition as commissioned officers of the National Guard.

Subsec. (b). Pub. L. 90-130, §2(1) (B), (C), struck out provision that women are eligible for Federal recognition as commissioned officers of the National Guard, with a view to serving as nurses or medical specialist, and substituted "person" for "woman" in the description of the individual who must be a graduate of a hospital or university training school and a registered nurse in order to be eligible for Federal recognition under this section with a view to serving as a nurse.

1958-Subsec. (a). Pub. L. 85-861, §2(5) (A), designated as subsec. (a) what had formerly been the entire rection and substituted "Except as provided in subsection (b), only male persons" for "Only persons".

Subsec. (b). Pub. L. 85-861, §2(5) (B), added subsec. (b).

§ 307. Federal recognition of officers: examination; certificate of eligibility.

(a) To be eligible for Federal recognition as an officer of the National Guard, a person must

(1) receive an appointment with a view to filling a vacancy in a federally recognized unit or organization of the National Guard;

(2) have the qualifications prescribed by the Secretary concerned for the grade, branch, position, and type of unit or organization involved: and

(3) except as provided in subsections (d) and (e) of this section and sections 8365 and 8366 of Title 10, pass an examination for physical, moral, and professional fitness to be prescribed by the

President, and subscribe to the oath of office prescribed by section 312 of this title.

(b) The examination prescribed by subsection (a)

(1) shall be conducted, for the Army National Guard, by a board of three commissioned officers designated by the Secretary of the Army from members of the Regular Army or the Army National Guard of the United States, or both, and for the Air National Guard, by a board of three commissioned officers designated by the Secretary of the Air Force from members of the Regular Air Force or the Air National Guard of the United States, or both; and

(2) may be held before original appointment or promotion.

(c) If such a board finds a person qualified, the Chief of the National Guard Bureau may issue to him a certificate of eligibility for Federal recognition for the office for which he was found qualified. If he is originally appointed or promoted within two years to that office, he is entitled to Federal recognition without further examination, except as to physical condition.

(d) Subject to subsection (a) (1) and (2) and to such physical examination as may be prescribed, Federal recognition shall be extended to each officer of the Army Reserve who has qualified for appointment as an officer of the Army National Guard in his reserve grade. Similarly, Federal recognition shall be extended to each officer of the Air Force Reserve who has qualified for appointment as an officer of the Air National Guard. Federal recognition extended under this subsection is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be.

(e) Subject to subsection (a) (1) and (2), Federal recognition shall be extended to each officer of the Air Force Reserve who is appointed in a commissioned grade in the Air National Guard to fill a vacancy, if on the date on which he is appointed his reserve grade is the same as the grade in which he is appointed or his name is on a recommended list for promotion to that reserve grade.

(f) Federal recognition extended under subsection (d) or (e) is effective from the date of appointment in the Army National Guard or the Air National Guard, as the case may be. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 602; Sept. 2, 1958, Pub. L. 85-861, § 2 (6), 72 Stat. 1543.)

307 (a) 32: 113 (1st sentence); 32: 111 (37th through 54th words); 50: 1113 (a) (as applicable to officers).

307 (b)... ) 32: 113 (2d sentence and 1st 24 words of 3d sentence). 307 (c) 32: 113 (3d sentence, less 1st 24 words). 307 (d).... 50y1115 (a) (less last 39 words).

Source (Statutes at Large)

June 3, 1916, ch. 134. § 74 (39th through 56th words); restated June 4, 1920, ch. 227, subch. I. § 41 (39th through 56th words), 41 Stat. 781.

June 3, 1916, ch. 134, § 75; restated June 15, 1933, ch. 87, § 12, 48 Stat. 158; July 9, 1952, ch. 608, § 803 (10th par.), 66 Stat. 505.

July 9, 1952, ch. 608,

703 (a) (as applicable to officers), 705 (a) (less last 39 words), 66 Stat. 502.

In subsection (b), the words "prescribed by subsection (a)" are substituted for the words "to determine such HISTORICAL AND REVISION NOTES

Source (U. S. Code)

qualifications for appointment". The word "designated" is substituted for the word "appointed", since the filling of the positions involved is not an appointment to office in the constitutional sense. The words "of an individual as an officer or warrant officer" are omitted as surplusage.

In subsection (c), the word "originally" is inserted for clarity. The words "If such a board finds a person" are substituted for the words "if the applicant has been found". The words "for individual Federal recognition for the office for which he was found qualified" are inserted for clarity. The words "that office" are substituted for the words "the office for which he was found qualified".

In subsection (d), the words "Notwithstanding the provisions of section 113 of Title 32" are omitted as covered by the words of exception in revised subsection (a). The words "Subject to subsection (a) (1) and (2)" are inserted, since 50: 1115 (a) (less last 39 words) was not an exception to that part of 50: 1113 relating to qualifications prescribed by the Secretary, or to the requirement that only members of federally recognized units can be federally recognized. The words "in his reserve grade" are substituted for the words "in the same grade in which he is appointed as a Reserve officer of the appropriate Armed Force of the United States". The last sentence is inserted for clarity.

AMENDMENTS

1958-Subsec. (a). Pub. L. 85-861, §2(6) (A), substituted "subsections (d) and (e) of this section and sections 8365 and 8366 of title 10" for "subsection (d)" in cl. (3).

Subsecs. (e) and (f). Pub. L. 85-861, § 2(6) (B), added subsecs. (e) and (f).

CROSS REFERENCES

Appointment of officers of Army National Guard and Air National Guard as Reserves for service as members of Army National Guard of United States and Air National Guard of United States, see sections 3351 and 8351 of Title 10, Armed Forces.

Extension of recognition upon promotion in Air National Guard of the United States without examination, see sections 8365, 8366, and 8376 of Title 10.

Suspension of subsec. (e) of this section, see section 111 of this title.

Transfer of officers from Army National Guard of United States and Air Force National Guard of United States to Army Reserve and Air Force Reserve, see sections 3352 and 8352 of Title 10.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 111, 308, 310 of this title; title 10 sections 8365, 8366, 8376.

§ 308. Federal recognition of officers: temporary recognition.

(a) The Secretary of the Army may authorize the extension of temporary Federal recognition as an officer of the Army National Guard to any person who has passed the examination prescribed in section 307 (b) of this title, pending his appointment as a reserve officer of the Army. The Secretary of the Air Force may do likewise for a person who has passed that examination pending his appointment as a reserve officer of the Air Force. Temporary recognition so extended may be withdrawn at any time. If not sooner withdrawn or replaced by permanent recognition upon appointment as a reserve officer in the same grade, it terminates six months after its effective date.

(b) To be eligible for temporary Federal recognition under subsection (a), a person must take an oath that during the period of temporary recognition he will perform his Federal duties as if he had been appointed as a reserve officer of the Army or the Air Force, as the case may be. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 603.)

Revised section

308 (a) 50: 1114 (less 2d and 3d sentences).

308 (b).... 50: 1114 (3d sentence).

Source (Statutes at Large)

July 9, 1952, ch. 608, § 704 (less 2d sentence), 66 Stat.

502.

In subsection (a), the words "by regulations" are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. The words "as an officer of the Army National Guard to any person" are substituted for the words "to any officer of the National Guard or Air National Guard". The second sentence is inserted for clarity. The words "successfully", "final determination of his eligibility for, and", "in the grade concerned", and "automatically" are omitted as surplusage. 50: 1114 (proviso of last sentence) is omitted as surplusage.

In subsection (b), the words "To be eligible for temporary Federal recognition under subsection (a), a person" are substituted for the words "However, a temporary extension of Federal recognition shall be granted only when the officer". The words "the period of temporary recognition" are substituted for the words "such recognition". The words "and obligations required of him" and "in the same grade" are omitted as surplusage.

§309. Federal recognition of officers: Army National Guard; officers promoted to fill vacancies.

Each officer of the Army National Guard who is promoted to fill a vacancy in a federally recognized unit thereof, and who is eligible for promotion under section 3363 (b) of title 10, shall be examined for Federal recognition in the grade to which he is promoted. However, a second lieutenant or first lieutenant of the Army National Guard who has served creditably for at least one year in a position prescribed to be filled by a captain, and who has not previously been federally recognized under this section, may be examined for Federal recognition in the next higher grade without regard to section 3363 (b) of title 10. (Added Pub. L. 85-861, §2 (7), Sept. 2, 1958, 72 Stat. 1543.)

The words "authorized under section 1227 (a) of this title" are omitted as surplusage.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 111, 310 of this title; title 10 sections 3363, 3385.

§ 310. Federal recognition of officers: Army National Guard; automatic recognition.

(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. (Added Pub. L. 85-861, §2 (7), Sept. 2, 1958, 72 Stat. 1544.)

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).)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 11 of this title; title 10 section 3385.

§ 312. Appointment oath.

Each person who is appointed as an officer of the National Guard shall subscribe to the following oath:

"I,

do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of that I make this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of in the National Guard of the State upon which I am about to enter, so help me God." (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 603.)

of

§ 313. Appointments and enlistments: age limitations. (a) To be eligible for original enlistment in the National Guard, a person must be at least 17 years of age and under 45, or under 64 years of age and a former member of the Regular Army, Regular Navy, Regular Air Force, or Regular Marine Corps. To be eligible for reenlistment, a person must be under 64 years of age.

(b) To be eligible for appointment as an officer of the National Guard, a person must

(1) be a citizen of the United States; and (2) be at least 18 years of age and under 64. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 604; Sept. 2, 1958, Pub. L. 85-861, § 2(9), 72 Stat. 1544; Nov. 8, 1967, Pub. L. 90-130, § 2(2), 81 Stat. 383.)

313 (a) 32:4 (less 22 words before proviso). 313 (b).... 32:4 (22 words before proviso).

Source (Statutes at Large)

June 3, 1916, ch. 134, § 58; restated Feb. 28, 1925, ch. 371, §1 (1st par.); restated June 15, 1933, ch. 87, § 5 (1st par.), 48 Stat. 155; June 19, 1935, ch. 277, § 2, 49 Stat. 391; June 28, 1947, ch. 162, §7 (less applicability to $57 of the Act of June 3, 1916, ch. 134), 61 Stat. 192; July 9, 1952, ch. 608, §§ 803 (8th par.), 806 (j), 66 Stat. 505, 508.

In subsection (a), 32:4 (1st 19 words) is omitted as covered by section 101 (3) and (5) of this title. 32:4 (54th through 62d words) is omitted as surplusage. The words "under 64" are substituted for the words "not more than sixty-four" to conform to an opinion of the Judge Advocate General of the Army (JAGA 1953/9033, 3 Dec. 1953). The word "Regular" is inserted before the words "Navy" and "Marine Corps". The words "Regular Air Force" are inserted to complete the coverage of the revised section. The word "reenlistment" is substituted for the words "subsequent enlistment".

AMENDMENTS

1967-Subsec. (b). Pub. L. 90-130 struck out clause (3) which added the requirement that women appointed with a view to serving as a nurse or medical specialist be at least 21 years of age and under 64 years of age in order to be elibible for appointment as an officer of the National Guard.

1958-Subsec. (b). Pub. L. 85-861 inserted qualifications for appointment of women with a view to serving as nurses or medical specialists.

CROSS REFERENCES

Army National Guard of United States and Air National Guard of United States, enlistment, see sections 3261 and 8261 of Title 10, Armed Forces.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 secton 311. § 314. Adjutants general.

(a) There shall be an adjutant general in each State and Territory, Puerto Rico, the Canal Zone, and the District of Columbia. He shall perform the duties prescribed by the laws of that jurisdiction.

(b) The President shall appoint the adjutant general of each Territory, the Canal Zone, and the District of Columbia and prescribe his grade and qualifications. To be eligible for appointment as adjutant general of a Territory or the Canal Zone, a person must be a citizen of that jurisdiction.

(c) The President may detail as adjutant general of the District of Columbia any retired commissioned officer of the Regular Army or the Regular Air Force recommended for that detail by the commanding general of the District of Columbia National Guard. An officer detailed under this subsection is entitled to the basic pay and allowances of his grade.

(d) The adjutant general of each State and Territory, Puerto Rico, the Canal Zone, and the District of Columbia, and officers of the National Guard, shall make such returns and reports as the Secretary of the Army or the Secretary of the Air Force may prescribe, and shall make those returns and reports to the Secretary concerned or to any officer designated by him. Each Secretary shall send with his annual report to Congress an abstract of the returns and reports of the adjutants general and such comments as he considers necessary for the information of Congress. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 604; Sept. 2, 1958, Pub. L. 85-894,72 Stat. 1713.)

cases.

Source (Statutes at Large)

Jan. 21, 1903, ch. 196, § 12, 32 Stat. 776.

June 6, 1900, ch. 811, 31 Stat. 671.

June 3, 1916, ch. 134, § 66, 39 Stat. 199.

In subsection (a), the word "appointed" is omitted, since the position is not filled by appointment in some The Act of January 21, 1903, ch. 196, § 12 (last 48 words of 1st sentence) are not contained in 32:11. They are also omitted from the revised section as covered by subsection (d) of this section.

In subsection (b), the word "grade" is substituted for the word "rank". The words "To be eligible for appointment as ... a person must be" are substituted for the words "each ⚫⚫⚫ shall be". The words "of that Jurisdiction" are substituted for the words "of the Territory for which he is appointed".

In subsection (c), the word "Regular" is inserted as an implication of 10: 998 (last 2 words). The words "commanding general" are substituted for the words "brigadier general commanding", since the commanding general might hold another grade.

The words "basic pay" are substituted for the words "active service pay" to conform to section 201 of the Career Compensation Act of 1949, 63 Stat. 805 (37 U. S. C. 232). The word "grade" is substituted for the word "rank".

In subsection (d), the words "at such times and in such form" are omitted as covered by the words "such returns and reports as the Secretary ⚫⚫⚫ may prescribe".

AMENDMENTS

1958-Subsec. (b). Pub. L. 85-894 struck out the words "Puerto Rico" in two instances.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 709 of this title.

§ 315. Detail of regular members of Army and Air Force to duty with National Guard.

(a) The Secretary of the Army shall detail commissioned officers of the Regular Army to duty with the Army National Guard of each State and Territory, Puerto Rico, the Canal Zone, and the District of Columbia. The Secretary of the Air Force shall detail commissioned officers of the Regular Air Force to duty with the Air National Guard of each State

and Territory, Puerto Rico, the Canal Zone, and the District of Columbia. With the permission of the President, an officer so detailed may accept a commission in the Army National Guard or the Air National Guard, as the case may be, terminable in the President's discretion, without prejudicing his rank and without vacating his regular appointment.

(b) The Secretary of the Army may detail enlisted members of the Regular Army for duty with the Army National Guard of each State and Territory, Puerto Rico, the Canal Zone, and the District of Columbia. The Secretary of the Air Force may detail enlisted members of the Regular Air Force for duty with the Air National Guard of each State and Territory, Puerto Rico, the Canal Zone, and the District of Columbia. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 604.)

In subsection (a), 32: 68 (last sentence) is omitted as surplusage, since positive provisions relating to the assignment or detail of retired officers to that duty are covered by section 3504 (a) or 8504 (a) of title 10. The words "of the active list", in 32: 68, are omitted for the same reason. The words "so detalled" are substituted for the words "detailed under section 68 of this title", in 32: 69. The words "relative or lineal", in 32: 69, are omitted as surplusage.

CROSS REFERENCES

National Guard Bureau, assignment of regular or reserve officers of Army or Air Force, see sections 3541 and 8541 of Title 10, Armed Forces.

Reserve components, detail of members of regular and reserve components to assist, see section 715 of Title 10.

§ 316. Detail of members of Army National Guard for rifle instruction of civilians.

The President may detail officers and noncommissioned officers of the Army National Guard to duty as instructors at rifle ranges for the training of civilians in the use of military arms. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 605.)

Credit for service as members of Army National Guard or Air National Guard of members of Army National Guard of United States or Air National Guard of United States, see sections 3686 and 8686 of Title 10, Armed Forces.

Death gratuity, see section 321 of this title. Death incident to service under this section, headstones for unmarked graves, see section 279a of Title 24, Hospitals, Asylums, and Cemeteries.

Hospitalization, when Secretary may require, see section 320 of this title.

Inactive duty training, duty (other than full-time duty) under this section as, see section 101 (23) of Title 38, Veterans' Benefits.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 320, 321, 715 of this title; title 10 sections 701, 1332, 1333, 3686, 8686; title 24 sections 279a, 281; title 38 sections 101, 765.

§ 317. Command during joint exercises with Federal troops.

When any part of the National Guard that is not in Federal service participates in an encampment, maneuver, or other exercise for instruction, together with troops in Federal service, the command of the post, air base, or other place where it is held, and of the troops in Federal service on duty there, remains with the officers in Federal service who command that place and the Federal troops on duty there, without regard to the rank of the officers of the National Guard not in Federal service who are temporarily participating in the exercise. 1956, ch. 1041, § 2, 70A Stat. 605.)

HISTORICAL AND REVISION NOTES

(Aug. 10,

The words "not in Federal service" are inserted to show that the revised section applies only to joint exercises involving National Guard troops not in Federal service, since 32: 72 was enacted before the establishment of the National Guard of the United States, in 1933. The words "troops in Federal service" are substituted for the words "troops of the United States". The words "officers in Federal service who command" are substituted for the words "commander of the United States troops". The words "post, air base, or other place" are substituted for the words "military post, or reservation, or elsewhere". The words "that place and the Federal troops on duty there" are substituted for the words "there or elsewhere". The words "including outdoor target practice" and "field and coast defense instruction" are omitted as surplusage.

§ 318. Compensation for disablement during training. A member of the National Guard is entitled to the hospital benefits, pensions, and other compensation provided by law or regulation for a member of the Regular Army or the Regular Air Force, as the case may be, of corresponding grade and length of service, whenever he is called or ordered to perform training under section 502, 503, 504, or 505 of this title

(1) for a period of more than 30 days, and is disabled in line of duty from disease while so employed; or

(2) for any period of time, and is disabled in line of duty from injury while so employed. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 605; Sept. 2, 1958, Pub. L. 85-861, § 33(c) (1), 72 Stat. 1567; Sept. 7, 1962, Pub. L. 87-649, §8(a), 76 Stat. 495.)

opinion of the Comptroller General, B-100262, 25 Apr. 1951, 30 Comp. Gen. 409). The words "active duty" are omitted, since persons do not perform active duty, in the sense in which that term is defined in section 101 (11) of this title, in their status as members of the National Guard. The references to 10: 22-23, 24-26, and 30-36 are omitted as repealed by section 401 of the Army Organization Act of 1950, 64 Stat. 271, and section 401 (a) (1) of the Air Force Organization Act of 1951, 65 Stat. 333. The reference to 10: 23a is omitted as executed. With the exception of 32: 62, 63, and 65, the remainder of the references do not relate to the training of members of the National Guard, and are therefore omitted from the revised section. The reference to section 504 of this title, based on section 97 of the National Defense Act, is inserted. Although not contained in the United States Code, it is contained in section 3 of the Act of June 20, 1949, ch. 225, 63 Stat. 202. The words "In all respects" and "as are now or may hereafter be" are omitted as surplusage.

AMENDMENTS

1962-Pub. L. 87-649 eliminated provisions which related to entitlement to pay and allowances. See section 204 of Title 37, Pay and Allowances of the Uniformed Services.

1958-Pub. L. 85-861 substituted "called or ordered to perform training" for "in training".

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment of section by Pub. L. 87-649 effective on Nov. 1, 1962, see section 15 of Pub. L. 87-649, set out as a note preceding section 101 of Title 37, Pay and Allowances of the Uniformed Services.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment of section by Pub. L. 85-861 effective Aug. 10, 1956, see section 33 (g) of Pub. L. 85-861, set out as a note under section 101 of Title 10, Armed Forces.

EFFECTIVE DATE OF BENEFITS

Act June 20, 1949, ch. 225, § 4, 63 Stat. 202, provided that: "The provisions of this Act shall be effective from August 14, 1945, but no back pay, pension, compensation, death gratuity, or retirement pay shall be held to have accrued as the result of the enactment of this Act for any period prior to such date: Provided, That in the case of persons electing to receive the benefits of this Act, the amount of any monetary benefits received for any period subsequent to August 14, 1945, under any provisions of law providing benefits for disability or death incident to the service described in sections 1, 2, and 3 of this Act, shall be deducted from the monetary benefits provided for herein."

CROSS REFERENCES

Compensation for service-connected disability or death, see chapter 11 of Title 38, Veterans' Benefits.

Hospitalization of members of Army and Air Force on active duty, see sections 3723 and 8723 of Title 10, Armed Forces.

Regulations affecting pay and allowances of military personnel, see section 1001 of Title 37, Pay and Allowances of the Uniformed Services.

Retirement or separation for physical disability for members of armed forces generally, see chapter 61 of Title 10.

§ 319. Compensation for disablement during training when not covered by section 318 of this title. (a) Under regulations to be prescribed by the President, a member of the National Guard

(1) who is injured, or contracts a disease, in line of duty while traveling to or from, or while attending, an encampment, maneuver, or other exercise, or a service school, under section 503, 504, or 505 of this title; or

(2) who is injured in line of duty while performing an aerial flight;

is entitled to the benefits of subsection (b).