§12107 — Title 10 Armed Forces | U.S. Code

Summary

To join the Army National Guard of the United States or the Air National Guard of the United States, a person must already be enlisted in the state Army or Air National Guard, take the oath found in title 32 section 304, and be a member of a federally recognized unit at the rank they will hold as a Reserve. Under rules set by the Secretary of the Army or the Secretary of the Air Force, enlisting in or extending service in a state Guard also enrolls or extends that person as a Reserve of the Army or Air Force for service in the National Guard of the United States. If an Army Reserve or Air Force Reserve member enlists in the state Guard at their reserve rank and is in a federally recognized unit, they become a member of the National Guard of the United States and leave their Reserve.

Title 10, §12107

Armed Forces — Source: USLM XML via OLRC

(a)Except as provided in subsection (c), to become an enlisted member of the Army National Guard of the United States or the Air National Guard of the United States, a person must—

(1)be enlisted in the Army National Guard or the Air National Guard, as the case may be;

(2)subscribe to the oath set forth in section 304 of title 32; and

(3)be a member of a federally recognized unit or organization of the Army National Guard or the Air National Guard, as the case may be, in the grade in which he is to be enlisted as a Reserve.

(b)(1)Under regulations to be prescribed by the Secretary of the Army, a person who enlists in the Army National Guard, or whose term of enlistment in the Army National Guard is extended, shall be concurrently enlisted, or his term of enlistment shall be concurrently extended, as the case may be, as a Reserve of the Army for service in the Army National Guard of the United States.

(2)Under regulations to be prescribed by the Secretary of the Air Force, a person who enlists in the Air National Guard, or whose term of enlistment in the Air National Guard is extended, shall be concurrently enlisted, or his term of enlistment shall be concurrently extended, as the case may be, as a Reserve of the Air Force for service in the Air National Guard of the United States.

(c)(1)A member of the Army Reserve who enlists in the Army National Guard in his reserve grade, and is a member of a federally recognized unit or organization of the Army National Guard, becomes a member of the Army National Guard of the United States and ceases to be a member of the Army Reserve.

(2)A member of the Air Force Reserve who enlists in the Air National Guard in his reserve grade, and is a member of a federally recognized unit or organization of the Air National Guard, becomes a member of the Air National Guard of the United States and ceases to be a member of the Air Force Reserve.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 3261 and 8261 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.

§12107 Army National Guard of United States; Air National Guard of the United States: Enlistment In