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LegalText 10 U.S.C. § 12214 Officers; Air Force Reserve: transfer from Air National Guard of the United States us united_states_code code_section 10 ARMED FORCES 1205 APPOINTMENT OF RESERVE OFFICERS 12214 10 U.S.C. § 12214 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/s12214 data/legal/raw/us/code/title-10/usc10.xml da90d248d390d9d99adc0b23e1938f00cc5d289791b8189bbe8206e7631625f8 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 1df9e0ed106fcf4da05ff75d752b19af7107c5013217208c84495cec6b9478ed 2026-07-04 official
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10 U.S.C. § 12214 - Officers; Air Force Reserve: transfer from Air National Guard of the United States

Text

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

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of the Air National Guard of the United States whose Federal recognition as a member of the Air National Guard is withdrawn becomes a member of the Air Force Reserve.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

(Aug. 10, 1956, ch. 1041, 70A Stat. 520, § 8352; Pub. L. 87651, title I, § 126, Sept. 7, 1962, 76 Stat. 514; Pub. L. 100456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; renumbered § 12214 and amended Pub. L. 103337, div. A, title XVI, §§ 1662(c)(3), 1675(b)(2), Oct. 5, 1994, 108 Stat. 2990, 3017; 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) 8352(a)8352(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 Air Force” are substituted for the words “highest permanent grade previously held in * * * the Air Force or any component thereof”, since “permanent” grades are held only in a component and there are no “nonpermanent” 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”.

1962 ActThe change reflects the implied repeal of the second sentence of section 8352(a) by section 502(a) of the Reserve Officer Personnel Act of 1954 (68 Stat. 1172).

Editorial Notes

Amendments1996—Pub. L. 104106 inserted “the” after “National Guard of” in section catchline. 1994—Pub. L. 103337, § 1662(c)(3), renumbered section 8352 of this title as this section. Subsec. (a). Pub. L. 103337, § 1675(b)(2), struck out “or Territory, Puerto Rico, or the District of Columbia, whichever is” after “authority of the State”. 1988—Subsec. (a). Pub. L. 100456 struck out “the Canal Zone,” after “Puerto Rico,”. 1962—Subsec. (a). Pub. L. 87651 struck out sentence which provided that upon transfer, an officer is eligible for promotion to the highest regular or reserve grade ever held by him in the Air Force, 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 AmendmentAmendment by 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.