(1) No person shall be appointed or promoted as a commissioned officer of the national guard unless such person shall have passed such examination as to the person's physical, moral and professional qualifications as may be prescribed by the laws of the United States and by parts 1, 2 and 4-6 of this chapter and the regulations issued thereunder. No person shall be recognized as a commissioned officer of the national guard and no appointment as such shall become effective until the person shall have taken and subscribed to an oath of office.
(2) Any person who has been dismissed or discharged from the national guard of this or any other state or from the armed forces of the United States or any reserve component thereof, under other than honorable conditions, and has not been restored to duty, shall not be eligible for appointment as a commissioned officer in the national guard.