Title 10 — Armed ForcesRelease 119-73
§12408 National Guard in Federal service: physical examination
Title 10 › Subtitle Subtitle E— - Reserve Components › Part PART II— - PERSONNEL GENERALLY › Chapter CHAPTER 1211— - NATIONAL GUARD MEMBERS IN FEDERAL SERVICE › § 12408
Summary
National Guard members called into federal service under 12301(a), 12302, or 12304 must have a physical exam under rules the President sets, without a new enlistment or commission. They also must be examined before leaving, and the United States keeps the exam record.
Full Legal Text
Title 10, §12408
Armed Forces — Source: USLM XML via OLRC
(a)Under regulations prescribed by the President, each member of the National Guard called into Federal service under section 12301(a), 12302, or 12304 of this title shall be examined as to physical fitness, without further commission or enlistment.
(b)Immediately before such a member is mustered out of Federal service, he shall be examined as to physical fitness. The record of this examination shall be retained by the United States.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 3502 and 8502 of this title, prior to repeal by Pub. L. 103–337, § 1662(f)(2).
Amendments
1996—Subsec. (a). Pub. L. 104–201 inserted “under section 12301(a), 12302, or 12304 of this title” after “called into Federal service”.
Statutory Notes and Related Subsidiaries
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.
Reference
Citations & Metadata
Citation
10 U.S.C. § 12408
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73