Title 10 — Armed ForcesRelease 119-73not60
§12402 Army and Air National Guard of the United States: Commissioned Officers; Duty in National Guard Bureau
Title 10 › Subtitle Subtitle E— Reserve Components › Part II— PERSONNEL GENERALLY › Chapter 1211— NATIONAL GUARD MEMBERS IN FEDERAL SERVICE › § 12402
Summary
The President may order commissioned officers of the Army National Guard and the Air National Guard to active duty at the National Guard Bureau, but only if those officers agree. For both the Army and the Air Guard, no more than 40 percent of officers below brigadier general may be put on active duty at the Bureau, and, when possible, that 40 percent limit should also apply to each rank below brigadier general.
Full Legal Text
Title 10, §12402
Armed Forces — Source: USLM XML via OLRC
(a)The President may, with their consent, order commissioned officers of the Army National Guard of the United States and the Air National Guard of the United States to active duty in the National Guard Bureau.
(b)(1)The number of officers of the Army National Guard of the United States in grades below brigadier general who are ordered to active duty in the National Guard Bureau may not be more than 40 percent of the number of officers of the Army authorized for duty in that Bureau and, to the extent practicable, shall not exceed 40 percent of the number of officers of the Army serving in that Bureau in any grade below brigadier general.
(2)The number of officers of the Air National Guard of the United States in grades below brigadier general who are ordered to active duty in the National Guard Bureau may not be more than 40 percent of the number of officers of the Air Force authorized for duty in that Bureau and, to the extent practicable, shall not exceed 40 percent of the number of officers of the Air Force serving in that Bureau in any grade below brigadier general.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 3496 and 8496 of this title, prior to repeal by Pub. L. 103–337, § 1662(f)(2).
Amendments
1996—Pub. L. 104–106 inserted “the” in section catchline.
Statutory Notes and Related Subsidiaries
Effective Date
of 1996 AmendmentAmendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.
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. § 12402
Title 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60