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10 U.S.C. § 12105 — Army Reserve and Air Force Reserve: transfer from Guard components

submitted 32 years ago by Pub. L. 103-337 to r/title-10-ARMED-FORCES · 126 words · no verdicts yet

in plain englishAI-generated · not legal advice

Under rules the Secretary sets, enlisted National Guard members can transfer into the Reserve. They keep their grade when transferring to the Army Reserve or Air Force Reserve. Afterward, they become eligible for promotion to the highest rank they ever honorably held. A transfer needs the consent of the relevant state's governor or authority.

(a) Under regulations the Secretary concerned may prescribe: (1) an enlisted member of the Army National Guard of the United States may be transferred in grade to the Army Reserve; and (2) an enlisted member of the Air National Guard of the United States may be transferred in grade to the Air Force Reserve. (b) Upon such a transfer, the member transferred is eligible for promotion to the highest regular or reserve grade ever held by them in the Army, if transferred under subsection (a)(1), or the Air Force, if transferred under subsection (a)(2), if their service has been honorable. (c) A transfer under this section may only be made with the consent of the governor or other appropriate authority of the state concerned.
the actual law source: uscode.house.gov ↗public domain
(a)

Under such regulations as the Secretary concerned may prescribe—

(1)

an enlisted member of the Army National Guard of the United States may be transferred in grade to the Army Reserve; and

(2)

an enlisted member of the Air National Guard of the United States may be transferred in grade to the Air Force Reserve.

(b)

Upon such a transfer, the member transferred is eligible for promotion to the highest regular or reserve grade ever held by him in the Army, if transferred under subsection (a)(1), or the Air Force, if transferred under subsection (a)(2), if his service has been honorable.

(c)

A transfer under this section may only be made with the consent of the governor or other appropriate authority of the State concerned.

Source credit: (Added Pub. L. 103–337, div. A, title XVI, § 1662(b)(1), Oct. 5, 1994, 108 Stat. 2988.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-337 · 108 Stat. 2988

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-337 on 1994-10-05.

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