10 USC 12213: Officers; Army Reserve: transfer from Army National Guard of United States

10 USC 12213: Officers; Army Reserve: transfer from Army National Guard of United States Text contains those laws in effect on January 4, 1995

From Title 10-ARMED FORCESSubtitle E-Reserve ComponentsPART II-PERSONNEL GENERALLYCHAPTER 1205-APPOINTMENT OF RESERVE OFFICERS

Jump To: Source CreditFuture AmendmentsReferences In TextAmendmentsEffective Date

§12213. Officers; Army Reserve: transfer from Army National Guard of United States

(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. Notwithstanding any other provision of this chapter or section 593 ¹ 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.

(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of the Army National Guard of the United States whose Federal recognition as a member of the Army National Guard is withdrawn becomes a member of the Army Reserve.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; Sept. 2, 1958, Pub. L. 85–861, §1(80)(A), 72 Stat. 1468 ; June 30, 1960, Pub. L. 86–559, §1(7), 74 Stat. 265 ; Sept. 29, 1988, Pub. L. 100–456, div. A, title XII, §1234(a)(1), 102 Stat. 2059 ; renumbered §12213 and amended Oct. 5, 1994, Pub. L. 103–337, div. A, title XVI, §§1636(a), 1662(c)(3), 1675(b)(2), 108 Stat. 2968 , 2990, 3017.)

Amendment of Subsection (a)

Pub. L. 103–337, div. A, title XVI, §§1636(a), 1691(b)(1), Oct. 5, 1994, 108 Stat. 2968 , 3026, provided that, effective Oct. 1, 1996, subsection (a) of this section is amended by striking out the second sentence.

Historical and Revision Notes
1956 Act
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".

1958 Act
Revised section	Source (U.S. Code)	Source (Statutes at Large)
3352(a)	50:1254.	Sept. 3, 1954, ch. 1257, §322, 68 Stat. 1161 .

References in Text

Section 593 of this title, referred to in subsec. (a), was renumbered section 12203 of this title by Pub. L. 103–337, div. A, title XVI, §1662(c)(2), Oct. 5, 1994, 108 Stat. 2990 .

Amendments

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".

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 1994 Amendment

Amendment by sections 1662(c)(3) and 1675(b)(2) of Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, and amendment by section 1636(a) of Pub. L. 103–337 effective Oct. 1, 1996, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title.

Section Referred to in Other Sections

This section is referred to in sections 123, 12203, 12683 of this title; title 32 section 323.

¹ See References in Text note below.