10-U.S.C.-12213
§12213 – officers; Army Reserve: Transfer From Army National Guard of The United States
Pathway
Title 10 > Subtitle E > Part II > Chapter 1205 > Section 12213
Details
- Reference: Section 12213
- Legend: §12213 – officers; Army Reserve: Transfer From Army National Guard of The United States
- USCode Year: 2013
Provision Content
(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of the Army National Guard of the United States whose Federal recognition as a member of the Army National Guard is withdrawn becomes a member of the Army Reserve.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. 85–861, §1(80)(A), Sept. 2, 1958, 72 Stat. 1468; Pub. L. 86–559, §1(7), June 30, 1960, 74 Stat. 265; Pub. L. 100–456, div. A, title XII, §1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; renumbered §12213 and amended Pub. L. 103–337, div. A, title XVI, §§1636(a), 1662(c)(3), 1675(b)(2), Oct. 5, 1994, 108 Stat. 2968, 2990, 3017; Pub. L. 104–106, div. A, title XV, §1501(b)(13)(A), (14), Feb. 10, 1996, 110 Stat. 496.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3352(a)
|
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 The words whose Federal recognition as a member * * * is withdrawn are substituted for the words ceases to hold a status as a federally recognized member.
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3352(a) | 50:1254. | Sept. 3, 1954, ch. 1257, §322, 68 Stat. 1161. |
Amendments
1996—Pub. L. 104–106, §1501(b)(13)(A), inserted the after National Guard of in section catchline.
Subsec. (a). Pub. L. 104–106, §1501(b)(14), substituted section 12203 for section 593 in last sentence.
1994—Pub. L. 103–337, §1662(c)(3), renumbered section 3352 of this title as this section.
Subsec. (a). Pub. L. 103–337, §1675(b), struck out or Territory, Puerto Rico, or the District of Columbia, whichever is after authority of the State.
Pub. L. 103–337, §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. 100–456 struck out the Canal Zone, after Puerto Rico,.
1960—Subsec. (a). Pub. L. 86–559 authorized officers transferred under this section to be advanced to the highest temporary grade ever held in the Army.
1958—Subsec. (a). Pub. L. 85–861 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.
Effective Date of 1996 Amendment
Amendment 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 of 1994 Amendments
Pub. L. 104–106, 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. 103–337, 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. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-12104 in the Legal Encyclopedia: Army Reserve
In this entry about 10-U.S.C.-12104, find legal reference material, bibliographies and premiere content related to army reserve in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve-specific issues, written by authorities in the field.
10-U.S.C.-12103 in the Legal Encyclopedia: Army Reserve Personnel
In this entry about 10-U.S.C.-12103, find legal reference material, bibliographies and premiere content related to army reserve personnel in the American Encyclopedia of Law, presenting a comprehensive view of the United States army reserve personnel-specific issues, written by authorities in the field.
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