2013 US Code
Title 10 - Armed Forces
Subtitle E - Reserve Components (§§ 10001 - 18506)
Part II - PERSONNEL GENERALLY (§§ 12001 - 12774)
Chapter 1205 - APPOINTMENT OF RESERVE OFFICERS (§§ 12201 - 12215)
Section 12213 - Officers; Army Reserve: transfer from Army National Guard of the United States
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle E - Reserve Components PART II - PERSONNEL GENERALLY CHAPTER 1205 - APPOINTMENT OF RESERVE OFFICERS Sec. 12213 - Officers; Army Reserve: transfer from Army National Guard of the United States |
Contains | section 12213 |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 66 Stat. 503 68 Stat. 1161 72 Stat. 1468 74 Stat. 265 102 Stat. 2059 108 Stat. 2968 110 Stat. 496, 501 |
Public Law References | Public Law 85-861, Public Law 86-559, Public Law 100-456, Public Law 103-337, Public Law 104-106 |
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(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of the Army National Guard of the United States whose Federal recognition as a member of the Army National Guard is withdrawn becomes a member of the Army Reserve.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) 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".
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3352(a) | 50:1254. | Sept. 3, 1954, ch. 1257, §322, 68 Stat. 1161. |
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 AMENDMENTAmendment 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 AMENDMENTSPub. 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.
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