§12106 — Title 10 Armed Forces | U.S. Code

Summary

If an enlisted person leaves the Army National Guard, they become a member of the Army Reserve unless they are also discharged from their Reserve enlistment. The same rule applies to the Air National Guard: leaving it makes an enlisted person a member of the Air Force Reserve unless they are also discharged from Reserve enlistment. Becoming a Reserve member under these rules ends their Army or Air National Guard membership.

Title 10, §12106

Armed Forces — Source: USLM XML via OLRC

(a)An enlisted member of the Army National Guard of the United States who ceases to be a member of the Army National Guard becomes a member of the Army Reserve unless he is also discharged from his enlistment as a Reserve.

(b)An enlisted member of the Air National Guard of the United States who ceases to be a member of the Air National Guard becomes a member of the Air Force Reserve unless he is also discharged from his enlistment as a Reserve.

(c)An enlisted member who becomes a member of the Army Reserve or the Air Force Reserve under this section ceases to be a member of the Army National Guard of the United States or the Air National Guard of the United States, as the case may be.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 3260 and 8260 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.

§12106 Army and Air Force Reserve: Transfer to Upon Withdrawal as Member of National Guard