Withdrawal of Federal recognition

§ 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to be a member of a federally recognized unit or organization of the National Guard, his Federal recognition shall be withdrawn.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) a regular or reserve component of the Army 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) a regular or reserve component of the Air Force who out-rank 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of the board are unfavorable to the officer and are approved by the President, his Federal recognition shall be withdrawn.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Reserve, as the case may be, under section 3259, 3352 (a), 8259, or 8352 (a) of title 10, his Federal recognition is withdrawn.