§12402 — Title 10 Armed Forces | U.S. Code

Summary

The President may, if the officer agrees, order commissioned officers from the Army National Guard and the Air National Guard to active duty in the National Guard Bureau. For each Guard, officers below brigadier general ordered there may not be more than 40 percent of the officers authorized for the Bureau and, when possible, should not exceed 40 percent of those actually serving in any rank below brigadier general.

Title 10, §12402

Armed Forces — Source: USLM XML via OLRC

(a)The President may, with their consent, order commissioned officers of the Army National Guard of the United States and the Air National Guard of the United States to active duty in the National Guard Bureau.

(b)(1)The number of officers of the Army National Guard of the United States in grades below brigadier general who are ordered to active duty in the National Guard Bureau may not be more than 40 percent of the number of officers of the Army authorized for duty in that Bureau and, to the extent practicable, shall not exceed 40 percent of the number of officers of the Army serving in that Bureau in any grade below brigadier general.

(2)The number of officers of the Air National Guard of the United States in grades below brigadier general who are ordered to active duty in the National Guard Bureau may not be more than 40 percent of the number of officers of the Air Force authorized for duty in that Bureau and, to the extent practicable, shall not exceed 40 percent of the number of officers of the Air Force serving in that Bureau in any grade below brigadier general.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 3496 and 8496 of this title, prior to repeal by Pub. L. 103–337, § 1662(f)(2).

Amendments

1996—Pub. L. 104–106 inserted “the” in section catchline.

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.

Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.

§12402 Army and Air National Guard of the United States: commissioned officers; duty in National Guard Bureau

Summary

Title 10, §12402

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata