§10215 — Title 10 Armed Forces | U.S. Code

Summary

Officers of the Army National Guard who are not on active duty can order Army National Guard members to active duty for training under section 12301(d). If the Secretary of the Air Force agrees, those Army Guard officers can also order Air National Guard members to that training. The same goes for Air National Guard officers: they can order Air Guard members to training under section 12301(d), and, if the Secretary of the Army agrees, they can order Army Guard members. Officers of either Guard who are not on active duty can enlist, reenlist, or extend people as Reserves of the Army or Reserves of the Air Force for service in the Guard. They can also promote or discharge those people for federal purposes. The Secretary of the Army sets rules for Army matters, and the Secretary of the Air Force sets rules for Air Force matters.

Title 10, §10215

Armed Forces — Source: USLM XML via OLRC

(a)(1)Officers of the Army National Guard of the United States who are not on active duty—

(A)may order members of the Army National Guard of the United States to active duty for training under section 12301(d) of this title; and

(B)with the approval of the Secretary of the Air Force, may order members of the Air National Guard of the United States to active duty for training under that section.

(2)Officers of the Air National Guard of the United States who are not on active duty—

(A)may order members of the Air National Guard of the United States to active duty for training under section 12301(d) of this title; and

(B)with the approval of the Secretary of the Army, may order members of the Army National Guard of the United States to active duty for training under that section.

(b)Officers of the Army National Guard of the United States or the Air National Guard of the United States who are not on active duty—

(1)may enlist, reenlist, or extend the enlistments of persons as Reserves of the Army or Reserves of the Air Force for service in the Army National Guard of the United States or the Air National Guard of the United States, as the case may be; and

(2)with respect to their Federal status, may promote or discharge persons enlisted or reenlisted as Reserves of the Army or Reserves of the Air Force for that service.

(c)This section shall be carried out under regulations prescribed by the Secretary of the Army, with respect to matters concerning the Army, and by the Secretary of the Air Force, with respect to matters concerning the Air Force.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 3080 and 8080 of this title, prior to repeal by Pub. L. 103–337, § 1661(a)(3)(A).

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.

§10215 Officers of Army National Guard of the United States and Air National Guard of the United States: Authority with Respect to Federal Status