§12105 — Title 10 Armed Forces | U.S. Code

Summary

Enlisted members of a State Army National Guard can be moved into the Army Reserve, and enlisted members of a State Air National Guard can be moved into the Air Force Reserve, under rules set by the appropriate Secretary, while keeping their rank. After transfer, if their service was honorable, they may be promoted up to the highest regular or reserve rank they ever held in that service. The transfer can only happen if the governor or other proper state authority agrees.

Title 10, §12105

Armed Forces — Source: USLM XML via OLRC

(a)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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 3259 and 8259 of this title, prior to repeal by Pub. L. 103–337, § 1662(b)(3).

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.

§12105 Army Reserve and Air Force Reserve: Transfer From Guard Components