10-U.S.C.-12211

§12211 – officers: Army National Guard of The United States

Pathway

Title 10 > Subtitle E > Part II > Chapter 1205 > Section 12211

Details

• Reference: Section 12211
• Legend: §12211 – officers: Army National Guard of The United States
• USCode Year: 2013

Provision Content

(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. 103–337, div. A, title XVI, §1662(c)(3), Oct. 5, 1994, 108 Stat. 2990; Pub. L. 104–106, div. A, title XV, §1501(b)(13)(A), Feb. 10, 1996, 110 Stat. 496.)

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.

Amendments

1996—Pub. L. 104–106 inserted the after National Guard of in section catchline.

1994—Pub. L. 103–337 renumbered section 3351 of this title as this section.

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.

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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