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LegalText 10 U.S.C. § 12211 Officers: Army National Guard of the United States us united_states_code code_section 10 ARMED FORCES 1205 APPOINTMENT OF RESERVE OFFICERS 12211 10 U.S.C. § 12211 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s12211 data/legal/raw/us/code/title-10/usc10.xml 123114c1a3457cdf2c9676d89d682102031e5c8188524eb2ac4a011ab59dda9e 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 e50c687a05ad353b86e68ee1dc8e1d3e7fcdc5aff189fcb3b46872b22489177e 2026-07-04 official
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10 U.S.C. § 12211 - Officers: Army National Guard of the United States

Text

(a) Upon being federally recognized, an officer of the Army National Guard shall be appointed as a Reserve for service as a member of the Army National Guard of the United States in the grade that he holds in the Army National Guard. However, an officer of the Army Reserve who is federally recognized as an officer of the Army National Guard becomes an officer of the Army National Guard of the United States and ceases to be an officer of the Army Reserve. The acceptance of an appointment as a Reserve for service as a member of the Army National Guard of the United States by an officer of the Army National Guard does not vacate his office in the Army National Guard.

(b) When an officer of the Army National Guard to whom temporary Federal recognition has been extended is appointed as a Reserve for service as a member of the Army National Guard of the United States, his appointment shall bear the date of the temporary recognition and shall be considered to have been accepted and effective on that date.

(c) When the Army National Guard of the United States is ordered to active duty, any officer of the Army National Guard who is not a Reserve of the Army may be appointed by the President as a Reserve for service as a member of the Army National Guard of the United States in the grade that he holds in the Army National Guard.

(Aug. 10, 1956, ch. 1041, 70A Stat. 193, § 3351; renumbered § 12211, Pub. L. 103337, div. A, title XVI, § 1662(c)(3), Oct. 5, 1994, 108 Stat. 2990; Pub. L. 104106, div. A, title XV, § 1501(b)(13)(A), Feb. 10, 1996, 110 Stat. 496.)

Notes

Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 3351(a)3351(b)3351(c)50:1113 (less (a)).50:1115(a) (last 39 words).50:1114 (2d sentence).50:1123 (less (a)).July 9, 1952, ch. 608, §§ 703 (less (a)), 704 (2d sentence), 705(a) (last 39 words), 713 (less (a)), 66 Stat. 502504. In subsection (a), the words “as a Reserve” are substituted for the words “as Reserve officers of the appropriate Armed Force of the United States” and “as a Reserve officer of the Armed Force of the United States concerned”, in 50:1113(b). The words “federally recognized appointments” and “in the same grade and branch”, in 50:1113(b), are omitted as surplusage. The words “those officers who do not hold appointments as Reserve officers of the appropriate Armed Force of the United States”, in 50:1113(b), are omitted as covered by the second sentence of the revised subsection. In subsection (c), the words “active duty” are substituted for the words “active military service of the United States”. The words “and branch” are omitted as surplusage. The words “of the Army National Guard of the United States” are inserted for clarity.

Editorial Notes

Amendments1996—Pub. L. 104106 inserted “the” after “National Guard of” in section catchline. 1994—Pub. L. 103337 renumbered section 3351 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 AmendmentAmendment by Pub. L. 104106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104106, set out as a note under section 113 of this title.