sioned 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.)

HISTORICAL AND REVISION NOTES

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.)

HISTORICAL AND REVISION NOTES

Revised section

cases.

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

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 detailed" 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.

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.)

(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).

(b) So far as any benefit named in this subsection is not provided for him under section 318 of this title, a member covered by subsection (a) is entitled to

(1) the hospitalization, rehospitalization, and medical and surgical care in a hospital and at his home appropriate for the treatment of his injury or disease until the resulting disability cannot be materially improved by further hospitalization or treatment;

(2) the basic pay and allowances, whether in money or in kind, to which he was entitled at the time when the injury was incurred or the disease contracted, during the period of his hospitalization or rehospitalization, but not for more than a total of six months after the end of his prescribed tour of training;

(3) subsistence during hospitalization or rehospitalization when he is not entitled to pay and allowances under clause (2); and

(4) necessary transportation incident to his hospitalization, rehospitalization, and return to his home when he is discharged from the hospital. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 605.)

In subsection (b), the words "So far as any benefit named in this subsection is not provided for him under section 318 of this title" are inserted, since it is possible that the benefits provided by that revised section will, as to certain persons, overlap those provided by this revised section. The words "a member covered by subɛection (a) is entitled to-" are inserted for clarity.

In subsection (b) (1), the word "necessary" and "from such injury or disease" are omitted as surplusage. In subsection (b) (3), the words "under clause (2)" are substituted for the words "under the preceding provisions". The words "at Government expense" are omitted as surplusage.

In subsection (a), the words "a member" are substituted for the words "Officers, warrant officers, and enlisted men". 32: 164a (words between 1st and 2d semicolons) is omitted as executed. The words "is entitled to the benefits of subsection (b)" are substituted for the words "shall • * be entitled, at Government expense".

Subsection (a) (2) is substituted for 32: 164b.

§ 320. Hospitalization: when Secretary may require. (a) The Secretary of the Army or the Secretary of the Air Force, as the case may be, may order the hospitalization, medical and surgical treatment, and domiciliary care, for as long as necessary, of any member of the Army National Guard or the Air National Guard, respectively, in training under section 502, 503, 504, or 505 of this title, or on duty under section 316 of this title, and may incur obligations with respect thereto.

(b) Subsection (a) applies whether or not the member was injured, or contracted a disease, in line of duty, except in the case of—

(1) a member of the National Guard in armorydrill status, unless he incurs an injury while participating in an aerial flight under section 502 (e) of this title; or

In subsection (a), the references to 10: 455a-455d and 32: 164a-164c, and the words "nor any other law of the United States shall be construed as limiting the power and authority", are omitted, since the revised section makes explicit the authority of the appropriate Secretary to require the prescribed hospitalization and care. The words "under such regulations as he may prescribe" are omitted, since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. The words "in the active military service or on active duty, or" 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 in 10: 455e and 32: 164d to 32: 144-146 and 186 are omitted, since they do not authorize any duty or training. The words "any member of the National Guard" are substituted for the word "persons", since the applicability of the revised section is limited to those members.

In subsection (b), the first 18 words are substituted for the words "without reference to their line-of-duty status". The words "except in the case of-" are substituted for the words "That this section shall not include" and "That this section shall not apply". The word "member" is substituted for the words "officers, warrant officers, and enlisted men" and "officers and enlisted men". The words "(as distinguished from disease)" are omitted as surplusage. The word "furloughs" is omitted as obsolete.

CROSS REFERENCES

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

§ 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 section 316, 502, 503, 504, or 505 of this title or while performing authorized travel to or from that training or duty;

(2) dies while performing other training or duty under one of those sections or under section 206 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 206 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 may 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

(1) full-time training or duty under section 316, 502, 503, 504, or 505 of this title; or

(2) other training or duty performed under one of those sections or under section 206 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);

if the Administrator of Veterans' Affairs determines that the death resulted from (A) disease or injury incurred or aggravated while performing training or duty under clause (1) or the travel described in subsection (c), or (B) injury incurred or aggravated while performing training or duty under clause (2) or the travel described in subsection (c) (2).

(c) The travel covered by subsection (b) is— (1) authorized travel to or from the training or duty described in subsection (b) (1); or

(2) travel directly to or from the training or duty described in subsection (b) (1) or (2) that is performed by a member of the National Guard who, when authorized or required by an authority designated by the Secretary concerned, assumed an obligation to perform that training or duty, and whose injury was incurred or aggravated after December 31, 1956.

(d) For the purposes of subsections (b) and (c), the standards and procedures for determining the incurrence or aggravation of a disease or injury are those applicable under the laws relating to disability compensation administered by the Veterans' Administration, except that there is no requirement under this section that any incurrence or aggravation have been in line of duty.

(e) A death gratuity payable upon the death of a person covered by subsections (a)—(d) shall be paid to or for the living survivor named in section 1477 of title 10, except that references in that section to section 1475 or 1476 shall be treated as references to subsection (a) or subsections (b)-(d) of this section, as the case may be.

(f) The death gratuity payable under this section shall be equal to 6 months' pay at the rate to which the decedent was entitled on the date of his death, except that the gratuity may not be less than $800 or more than $3,000. For this purpose:

(1) A person covered by subsection (a), (b), or (c) is considered to have been entitled, on the date of his death, to pay at the rate to which he was entitled on the last day on which he performed training or duty.

(2) A person covered by subsection (a), (b), or (c) who performed training or duty without pay is considered to have been performing that training or duty with pay.

(3) A person covered by subsection (a), (b), or (c) who incurred a disability while performing training or duty under section 316, 502, 503, 504,

or 505 of this title or under section 206 of title 37 and who became entitled to basic pay while receiving hospital or medical care, including outpatient care, for that disability, is considered to have been on that training or duty for as long as he is entitled to that pay.

(g) The Secretary of the Army, the Secretary of the Air Force, and the Administrator of Veterans' Affairs have the same obligations with respect to payments under subsections (a), (b), and (c) as they have under sections 1479 and 1480 (c) of title 10.

(h) Payments under this section are subject to the restrictions that section 1480 (a), (b), and (d) of title 10 imposes on payments under sections 1475— 1477 of that title. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 606; Sept. 2, 1958, Pub. L. 85-861, § 2 (10), 72 Stat. 1544; Sept. 7, 1962, Pub. L. 87-649, § 8(b), 76 Stat. 495.)

The words "A member of the National Guard" are substituted for the words "All officers, warrant officers, and enlisted men of ⚫ the federally recognized National Guard of the several States, Territories, and the District of Columbia-". 32: 160a (as applicable to death gratuities) provides the same death gratuities for members of the National Guard as are "now or may hereafter" be provided for members of the Regular Army or the Regular Air Force, as the case may be, under certain conditions of service and disability. By inserting the words "under section 3688 or 8688 of title 10", the revised section insures that any change made in that revised section will apply equally to members of the National Guard. 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 sections 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 "while he is in training" are substituted for the words "while so employed" and "while so engaged". The words "in all respects" and "as now or may hereafter be" are omitted as surplusage.

AMENDMENTS

1962-Pub. L. 87-649 substituted "section 206 of title 37" for "section 301 of title 37" in subsecs. (a) (2), (3), (b) (2), and (f) (3).

1958-Pub. L. 85-861 substituted provisions contained in subsecs. (a)—(h) for provisions which authorized the Secretaries of the Army and Air Force to have a death gratuity paid to the widow, child, or other dependent relative named in section 3688 or 8688 of Title 10 of a member of the National Guard who dies from a disability incurred in line of duty while he is in training under section 502, 503, 504, or 505 of this title for a period of more than 30 days, if the death is caused by disease, or for any period of time, if the death is caused by injury, and which required the death gratuity to be equal to, and to be paid under the same conditions as

apply to, the death gratuity payable under sections 3688 or 8688 of Title 10 for a member of the Regular Army or the Regular Air Force, as the case may be, of corresponding grade and length of service.

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 BENEFITS

Benefits under act June 20, 1949, as effective from Aug. 14, 1945, see note under section 318 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 38 section 423.

§ 322. Discharge of enlisted members.

(a) An enlisted member of the National Guard shall be discharged when

(1) he becomes 64 years of age; or

(2) his Federal recognition is withdrawn.

(b) An enlisted member who is discharged from the National Guard is entitled to a discharge certificate similar in form and classification to the corresponding certificate prescribed for members of the Regular Army or the Regular Air Force, as the case may be.

(c) In time of peace, an enlisted member of the National Guard may be discharged before his enlistment expires, under such regulations as may be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 606.)

Revised section

322 (a)....

322 (b). 322 (c)..

HISTORICAL AND REVISION NOTES

Source (U. S. Code)

32: 154 (last par., less 1st 26, and last 26, words). 32: 125 (less last 27 words). 32: 125 (last 27 words).

Source (Statutes at Large)

June 3, 1916, ch. 134. § 72: restated June 4, 1920, ch. 227, subch. I, § 40; restated June 15, 1933, ch. 87, § 10, 48 Stat. 157; July 9, 1952, ch. 608, 806 (d), 66 Stat. 507.

June 3, 1916, ch. 134, § 110 (last par., less 1st 30, and last 25, words); restated Sept. 22, 1922, ch. 423, § 6 (last par., less 1st 30, and last 137, words); restated May 12, 1928, ch. 529 (less 1st 30, and last 25, words), 45 Stat. 500.

Subsection (a) is substituted for 32: 154 (last par., less 1st 26, and last 26, words) to reflect an opinion of the Judge Advocate General of the Army (JAGA 1953/9033, 3 Dec. 1953).

In subsection (b), the words "is entitled to a discharge certificate similar in form and classification to the corresponding certificate" are substituted for the words "shall receive a discharge in writing in such form and with such classification as is or shall be". The words "service in" are omitted as surplusage.

In subsection (c), the words "his enlistment expires" are substituted for the words "the expiration of terms of enlistment".

CROSS REFERENCES

Army and Air Force enlisted members, limitations on discharge, see section 1169 of Title 10, Armed Forces.

§ 323. Withdrawal of Federal recognition.

(a) Whenever a member of the National Guard ceases to have the qualifications prescribed under section 301 of this title or ceases to be a member of a federally recognized unit or organization of the National Guard, his Federal recognition shall be withdrawn.

(b) Under regulations to be prescribed by the President, the capacity and general fitness of an officer of the National Guard for continued Federal recognition may be investigated at any time by an efficiency board composed of commissioned officers of

(1) the Regular Army or the Army National Guard of the United States, or both, who outrank him and who are detailed by the Secretary of the Army, if he is a member of the Army National Guard; or

(2) the Regular Air Force or the Air National Guard of the United States, or both, who outrank him and who are detailed by the Secretary of the Air Force, if he is a member of the Air National Guard.

If the findings of the board are unfavorable to the officer and are approved by the President, his Federal recognition shall be withdrawn.

(c) If a member of the Army National Guard of the United States or the Air National Guard of the United States is transferred to the Army Reserve or the Air Force Reserve, as the case may be, under section 3259, 3352 (a), 8259, or 8352 (a) of title 10, his Federal recognition is withdrawn.

(d) Except as provided in sections 1005 and 1006 of title 10, the Federal recognition of a second lieutenant of the Army National Guard who is discharged under section 3820 (c) of title 10 for failure of promotion shall be withdrawn on the date of that discharge.

(e) Except as provided in sections 1005 and 1006 of title 10, the Federal recognition of a reserve officer of the Air Force who is not recommended for promotion under section 8368 (c) (1) or (2) of title 10, or who is found to be not qualified for Federal recognition under section 8368 (d) or (e) of title 10, shall be withdrawn. (Aug. 10, 1956, ch. 1041, § 2, 70A Stat. 607; Sept. 2, 1958, Pub. L. 85-861, §§ 2 (11), 33 (c) (2), 72 Stat. 1546, 1567.)

Revised section

323 (a).. 323 (b)...

323 (c)..

HISTORICAL AND REVISION NOTES

Source (U. S. Code)

32: 154 (last 26 words of last par.).

32: 115 (1st sentence, and 1st 24 words of 2d sentence).

50: 1116 (last 15 words of 1st sentence).

Source (Statutes at Large)

June 3, 1916, ch. 134, § 76 (1st sentence, and 1st 24 words of 2d sentence); restated June 15, 1933, ch. 87, § 13 (1st sentence, and 1st 24 words of 2d sentence), 48 Stat. 158. June 3, 1916, ch. 134, § 110 (last 25 words of last par.); restated Sept. 22, 1922, ch. 423, § 6 (last 137 words of last par.); restated May 12. 1928, ch. 529 (last 25 words), 45 Stat. 501.

July 9, 1952, ch. 608, § 706 (last 15 words of 1st sentence), 66 Stat. 503.

In subsection (a) the words "ceases to have the qualifications prescribed under section 300 of this title" are substituted for 32: 154 (last 26 words of last par.), since it is implicit that a member who could not be paid would lose his federally recognized status (see JAGA 1953/9033, 3 Dec. 1953). The last 23 words of subsection (a) are inserted as a necessary implication of the rule stated in section 309 (c) of this title.

In subsection (b), the words "or warrant officer" are omitted, since section 101 (9) of this title defines "officer" to include warrant officers. The word "detailed" is substituted for the word "appointed", since the filling of the positions involved is not appointment to an office in the constitutional sense. The word "commissioned"