§ 12105. Army Reserve and Air Force Reserve: transfer from Guard components

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Reserve Officer Personnel Management Act

   Pub. L. 103–337 div. A title XVI § 1662(b)(1) · 108 Stat. 2663

   Enacted · 10 U.S.C. § 12105

   (Added Pub. L. 103–337, div. A, title XVI, § 1662(b)(1), Oct. 5, 1994, 108 Stat. 2988.)

   Source evidence

   Code source credit
   (Added Pub. L. 103–337, div. A, title XVI, § 1662(b)(1), Oct. 5, 1994, 108 Stat. 2988.)

   Enacted provision · exact public law section
   (1) Part II of subtitle E, as added by subsection (a), is amended by adding after chapter 1201 (as added by subsection (a)), the following: “CHAPTER 1203— ENLISTED MEMBERS “Sec. “12101. Definition. “12102. Reserve components: qualifications. “12103. Reserve components: terms. “12104. Reserve components: transfers. “12105. Army Reserve and Air Force Reserve: transfer from Guard components. “12106. Army and Air Force Reserve: transfer to upon withdrawal as member of National Guard. “12107. Army National Guard of United States; Air National Guard of the United States: enlistment in. “§ 12101. Definition “In this chapter, the term ‘enlistment’ means original enlistment or reenlistment. “§ 12105. Army Reserve and Air Force Reserve: transfer from Guard components “(a) Regulations. Under such regulations as the Secretary concerned may prescribe— “(1) an enlisted member of the Army National Guard of the United States may be transferred in grade to the Army Reserve; and “(2) an enlisted member of the Air National Guard of the United States may be transferred in grade to the Air Force Reserve. “(b) Upon such a transfer, the member transferred is eligible for promotion to the highest regular or reserve grade ever held by him in the Army, if transferred under subsection (a)(1), or the Air Force, if transferred under subsection (a)(2), if his service has been honorable. “(c) A transfer under this section may only be made with the consent of the governor or other appropriate authority of the State concerned. “§ 12106. Anny and Air Force Reserve: transfer to upon withdrawal as member of National Guard “(a) An enlisted member of the Army National Guard of the United States who ceases to be a member of the Army National Guard becomes a member of the Army Reserve unless he is also discharged from his enlistment as a Reserve. “(b) An enlisted member of the Air National Guard of the United States who ceases to be a member of the Air National Guard becomes a member of the Air Force Reserve unless he is also discharged from his enlistment as a Reserve. “(c) An enlisted member who becomes a member of the Army Reserve or the Air Force Reserve under this section ceases to be a member of the Army National Guard of the United States or the Air National Guard of the United States, as the case may be. “§ 12107. Army National Guard of United States; Air National Guard of the United States: enlistment in “(a) Except as provided in subsection (c), to become an enlisted member of the Army National Guard of the United States or the Air National Guard of the United States, a person must— “(1) be enlisted in the Army National Guard or the Air National Guard, as the case may be; “(2) subscribe to the oath set forth in section 304 of title 32; and “(3) be a member of a federally recognized unit or organization of the Army National Guard or the Air National Guard, as the case may be, in the grade in which he is to be enlisted as a Reserve. “(b) (1) Under regulations to be prescribed by the Secretary Regulations. of the Army, a person who enlists in the Army National Guard, or whose term of enlistment in the Army National Guard is extended, shall be concurrently enlisted, or his term of enlistment shall be concurrently extended, as the case may be, as a Reserve of the Army for service in the Army National Guard of the United States. “(2) Under regulations to be prescribed by the Secretary of the Air Force, a person who enlists in the Air National Guard, or whose term of enlistment in the Air National Guard is extended, shall be concurrently enlisted, or his term of enlistment shall be concurrently extended, as the case may be, as a Reserve of the Air Force for service in the Air National Guard of the United States. “(c) (1) A member of the Army Reserve who enlists in the Army National Guard in his reserve grade, and is a member of a federally recognized unit or organization of the Army National Guard, becomes a member of the Army National Guard of the United States and ceases to be a member of the Army Reserve. “(2) A member of the Air Force Reserve who enlists in the Air National Guard in his reserve grade, and is a member of a federally recognized unit or organization of the Air National Guard, becomes a member of the Air National Guard of the United States and ceases to be a member of the Air Force Reserve.”.

1 of 1 references resolved to an enrolled provision