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LegalText 10 U.S.C. § 12213 Officers; Army Reserve: transfer from Army National Guard of the United States us united_states_code code_section 10 ARMED FORCES 1205 APPOINTMENT OF RESERVE OFFICERS 12213 10 U.S.C. § 12213 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/s12213 data/legal/raw/us/code/title-10/usc10.xml 6acfba46ee92d1280fb7ebd46df472a1eb47b4eb568c9851be3838fb00bc5083 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 8909565c1c0eef1e7c3c3442c2b0185fcbb57d1a4407aec0652ba9b2e42d0d20 2026-07-04 official
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10 U.S.C. § 12213 - Officers; Army Reserve: transfer from Army National Guard of the United States

Text

(a) Under such regulations as the Secretary of the Army may prescribe, and with the consent of the governor or other appropriate authority of the State concerned, an officer of the Army National Guard of the United States may be transferred in grade to the Army Reserve.

(b) Unless discharged from his appointment as a Reserve, an officer of the Army National Guard of the United States whose Federal recognition as a member of the Army National Guard is withdrawn becomes a member of the Army Reserve. An officer who so becomes a member of the Army Reserve ceases to be a member of the Army National Guard of the United States.

(Aug. 10, 1956, ch. 1041, 70A Stat. 194, § 3352; Pub. L. 85861, § 1(80)(A), Sept. 2, 1958, 72 Stat. 1468; Pub. L. 86559, § 1(7), June 30, 1960, 74 Stat. 265; Pub. L. 100456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; renumbered § 12213 and amended Pub. L. 103337, div. A, title XVI, §§ 1636(a), 1662(c)(3), 1675(b)(2), Oct. 5, 1994, 108 Stat. 2968, 2990, 3017; Pub. L. 104106, div. A, title XV, § 1501(b)(13)(A), (14), Feb. 10, 1996, 110 Stat. 496.)

Notes

Historical and Revision Notes 1956 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 3352(a)3352(b)50:1116 (less last 15 words of 1st sentence, and less applicability to enlistments).50:1117 (less applicability to enlistments).July 9, 1952, ch. 608, §§ 706 (less last 15 words of 1st sentence, and less applicability to enlistments), 707 (less applicability to enlistments), 66 Stat. 503. In subsection (a), the words “at any time”, “of any person”, and “from the National Guard of the United States or from the Air National Guard of the United States” are omitted as surplusage. The words “highest regular or reserve grade ever held by him in the Army” are substituted for the words “highest permanent grade previously held in the Army or any component thereof”, since “permanent” grades are held only in a component and there are no “non-permanent” grades held in a component. In subsection (b), the words “appointment as a Reserve” are substituted for the words “appointment or * * * as a Reserve officer or”. The words “whose Federal recognition as a member * * * is withdrawn” are substituted for the words “ceases to hold a status as a federally recognized member”.

1958 Act Revised sectionSource (U.S. Code)Source (Statutes at Large) 3352(a)50:1254.Sept. 3, 1954, ch. 1257, § 322, 68 Stat. 1161.

Editorial Notes

Amendments1996—Pub. L. 104106, § 1501(b)(13)(A), inserted “the” after “National Guard of” in section catchline. Subsec. (a). Pub. L. 104106, § 1501(b)(14), substituted “section 12203” for “section 593” in last sentence. 1994—Pub. L. 103337, § 1662(c)(3), renumbered section 3352 of this title as this section. Subsec. (a). Pub. L. 103337, § 1675(b), struck out “or Territory, Puerto Rico, or the District of Columbia, whichever is” after “authority of the State”. Pub. L. 103337, § 1636(a), struck out at end “Notwithstanding any other provision of this chapter or section 12203 of this title, an officer who is transferred under this section shall be advanced to the highest temporary, regular, or reserve grade ever held by him in the Army, unless the Secretary determines that it is not in the best interests of the service.” 1988—Subsec. (a). Pub. L. 100456 struck out “the Canal Zone,” after “Puerto Rico,”. 1960—Subsec. (a). Pub. L. 86559 authorized officers transferred under this section to be advanced to the highest temporary grade ever held in the Army. 1958—Subsec. (a). Pub. L. 85861 substituted “Notwithstanding any other provision of this chapter or section 593 of this title, an officer who is transferred under this section shall be advanced to the highest regular or reserve grade ever held by him in the Army, unless the Secretary determines that it is not in the best interests of the service” for “Upon transfer, he is eligible for promotion to the highest regular or reserve grade ever held by him in the Army, if his service has been honorable”.

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.

Effective Date of 1994 AmendmentsPub. L. 104106, div. A, title XV, § 1501(f)(1), Feb. 10, 1996, 110 Stat. 501, provided that: “Section 1636 of the Reserve Officer Personnel Management Act [Pub. L. 103337, amending this section and repealing sections 8356 and 8379 of this title] shall take effect on the date of the enactment of this Act [Feb. 10, 1996].” Amendment by sections 1662(c)(3) and 1675(b)(2) of Pub. L. 103337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103337, set out as an Effective Date note under section 10001 of this title.