Title 10, Armed ForcesRelease 119-102
§12404 Army and Air National Guard of the United States: Mobilization; Maintenance of Organization
Title 10 › Subtitle E — Reserve Components › PART II — PERSONNEL GENERALLY › CHAPTER 1211 — NATIONAL GUARD MEMBERS IN FEDERAL SERVICE › § 12404
Summary
A unit of the Army National Guard or the Air National Guard that is first called to active federal duty must, as much as possible, keep the same organization it had on the day it was ordered to duty.
Full Legal Text
Title 10, §12404
Armed Forces, Source: USLM XML via OLRC
During an initial mobilization, the organization of a unit of the Army National Guard of the United States or of the Air National Guard of the United States ordered into active Federal service shall, so far as practicable, be maintained as it existed on the date of the order to duty.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
Provisions similar to those in this section were contained in section 3498 and 8498 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. § 12404
Title 10, Armed Forces
Last Updated
Aug 21, 2026
Release point: 119-102