§12212 — Title 10 Armed Forces | U.S. Code

Summary

When an Air National Guard officer gets federal recognition, they must be appointed as a Reserve for service in the Air National Guard of the United States at the same rank they hold in the state Guard. If an Air Force Reserve officer becomes federally recognized as an Air National Guard officer, they become an Air National Guard of the United States officer and stop being in the Air Force Reserve. Accepting the Reserve appointment does not make them give up their state Guard job. If the federal recognition was temporary, the Reserve appointment is dated from that temporary recognition and counts as effective on that date. If the Air National Guard of the United States is called to active duty, the President may appoint any Guard officer who is not already an Air Force Reserve as a Reserve for service in the Air National Guard of the United States at their current rank.

Title 10, §12212

Armed Forces — Source: USLM XML via OLRC

(a)Upon being federally recognized, an officer of the Air National Guard shall be appointed as a Reserve for service as a member of the Air National Guard of the United States in the grade that he holds in the Air National Guard. However, an officer of the Air Force Reserve who is federally recognized as an officer of the Air National Guard becomes an officer of the Air National Guard of the United States and ceases to be an officer of the Air Force Reserve. The acceptance of an appointment as a Reserve for service as a member of the Air National Guard of the United States by an officer of the Air National Guard does not vacate his office in the Air National Guard.

(b)When an officer of the Air National Guard to whom temporary Federal recognition has been extended is appointed as a Reserve for service as a member of the Air National Guard of the United States, his appointment shall bear the date of the temporary recognition and shall be considered to have been accepted and effective on that date.

(c)When the Air National Guard of the United States is ordered to active duty, any officer of the Air National Guard who is not a Reserve of the Air Force may be appointed by the President as a Reserve for service as a member of the Air National Guard of the United States in the grade that he holds in the Air National Guard.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 8351(a) 8351(b)8351(c)50:1113 (less (a)).50:1115(a) (last 39 words).50:1114 (2d sentence).50:1123 (less (a)).July 9, 1952, ch. 608, §§ 703 (less (a)), 704 (2d sentence), 705(a) (last 39 words), 713 (less (a)), 66 Stat. 502–504. In subsection (a), the words “as a Reserve” are substituted for the words “as Reserve officers of the appropriate Armed Force of the United States” and “as a Reserve officer of the Armed Force of the United States concerned” in 50:1113(b). The words “federally recognized appointments” and “in the same grade and branch”, in 50:1113(b), are omitted as surplusage. The words “those officers who do not hold appointments as reserve officers of the appropriate Armed Force of the United States”, in 50:1113(b), are omitted as covered by the second sentence of the revised subsection. In subsection (c), the words “active duty” are substituted for the words “active military service of the United States”. The words “and branch” are omitted as surplusage. The words “of the Air National Guard of the United States” are inserted for clarity.

Editorial Notes

Amendments

1996—Pub. L. 104–106 inserted “the” after “National Guard of” in section catchline. 1994—Pub. L. 103–337 renumbered section 8351 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.

§12212 Officers: Air National Guard of the United States