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10 U.S.C. § 12212 — Officers: Air National Guard of the United States

submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 250 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law explains how Air National Guard officers become officers of the Air National Guard of the United States. Federal recognition normally triggers this dual appointment automatically. It also covers timing and what happens when the Guard is called to active duty.

(a) When an Air National Guard officer gets federal recognition, they are appointed as a Reserve, to serve as a member of the Air National Guard of the United States, in the same grade they hold in the Air National Guard. But if an Air Force Reserve officer gets federally recognized as an Air National Guard officer, they become an Air National Guard of the United States officer and stop being an Air Force Reserve officer. Accepting this Reserve appointment does not remove the officer from their position in the Air National Guard itself. (b) If an Air National Guard officer already has temporary federal recognition, their appointment as a Reserve for the Air National Guard of the United States is dated to match that temporary recognition — it counts as accepted and effective from that same date. (c) When the Air National Guard of the United States is ordered to active duty, the President may appoint any Air National Guard officer who is not already an Air Force Reserve officer, as a Reserve for service in the Air National Guard of the United States, in the grade they hold in the Air National Guard.
the actual law source: uscode.house.gov ↗public domain
(a)

Upon being federally recognized, an officer of the Air National Guard shall be appointed as a Reserve for service as a member of the Air National Guard of the United States in the grade that he holds in the Air National Guard. However, an officer of the Air Force Reserve who is federally recognized as an officer of the Air National Guard becomes an officer of the Air National Guard of the United States and ceases to be an officer of the Air Force Reserve. The acceptance of an appointment as a Reserve for service as a member of the Air National Guard of the United States by an officer of the Air National Guard does not vacate his office in the Air National Guard.

(b)

When an officer of the Air National Guard to whom temporary Federal recognition has been extended is appointed as a Reserve for service as a member of the Air 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 Air National Guard of the United States is ordered to active duty, any officer of the Air National Guard who is not a Reserve of the Air Force may be appointed by the President as a Reserve for service as a member of the Air National Guard of the United States in the grade that he holds in the Air National Guard.

Source credit: (Aug. 10, 1956, ch. 1041, 70A Stat. 519, § 8351; renumbered § 12212, 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.)

history & why it existsrecord from the source credit
  • 1956Enacted · Act of Aug. 10, 1956, ch. 1041
  • 1994Amended · Pub. L. 103-337 · 108 Stat. 2990
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 496

A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.

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