10 U.S.C. § 12105 — Army Reserve and Air Force Reserve:

Page 3643 TITLE 10—ARMED FORCES § 12105 tion [amending this section] shall be effective with re- spect to persons enlisting in a reserve component of the Armed Forces after the end of the ninety-day period be- ginning on the date of the enactment of this Act [Sept. 8, 1982].’’ EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Pub. L. 96–107, title VIII, § 805(c), Nov. 9, 1979, 93 Stat. 813, provided that: ‘‘The amendments made by this sec- tion [amending this section and section 651 of this title] shall apply only to individuals who become members of an Armed Force after the date of the enactment of this Act [Nov. 9, 1979].’’ EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–485, title IV, § 405(c)(2), Oct. 20, 1978, 92 Stat. 1616, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall not apply with respect to a person who enlisted as a Reserve for service in the Armed Forces under section 511(b) [now 12103(b)] of title 10, United States Code, before the date of the enactment of this Act [Oct. 20, 1978].’’ EFFECTIVE DATE OF 1967 AMENDMENT For effective date of amendment by Pub. L. 90–168, see section 7 of Pub. L. 90–168, set out as a note under section 138 of this title. TRANSITION Pub. L. 107–314, div. A, title V, § 533(c), Dec. 2, 2002, 116 Stat. 2547, provided that: ‘‘In the case of a person who enlisted under section 12103(d) of title 10, United States Code, before the date of the enactment of this Act [Dec. 2, 2002] and who as of such date has not commenced the required initial period of active duty for training under that section, the amendment made by subsection (a) [amending this section] may be applied to that person, but only with the agreement of that person and the Secretary concerned.’’ § 12104. Reserve components: transfers (a) A person who would otherwise be required to be transferred to a reserve component under section 651 of this title or under the Military Se- lective Service Act (50 U.S.C. 3801 et seq.), is en- titled, if he is qualified and accepted, to be en- listed in any armed force that he chooses and to participate in the programs authorized for that armed force. However, unless the two Secre- taries concerned consent, he may not be enlisted as a Reserve of an armed force other than that from which he is transferred. All periods of his participation shall be credited against the total period of service required of him under section 651 of this title or under the Military Selective Service Act (50 U.S.C. 3801 et seq.). However, no period may be credited more than once. (b) A person covered by subsection (a) shall perform the rest of his required term of service in the armed force in which he is so enlisted or in any other armed force in which he is later en- listed or appointed. (c) This section does not change any term of service under an appointment, enlistment, or agreement, including an agreement made before or at the time when the member entered upon a program authorized by an armed force. (Aug. 10, 1956, ch. 1041, 70A Stat. 18, § 512; Pub. L. 96–513, title V, § 511(15), Dec. 12, 1980, 94 Stat. 2921; renumbered § 12104, Pub. L. 103–337, div. A, title XVI, § 1662(b)(2), Oct. 5, 1994, 108 Stat. 2989; Pub. L. 114–328, div. A, title X, § 1081(b)(1)(A)(viii), Dec. 23, 2016, 130 Stat. 2418.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 512(a) ...... 512(b) ...... 50:929(a) (less 2d sen- tence, as applicable to enlistments). 50:929(a) (2d sentence, as applicable to enlist- ments). July 9, 1952, ch. 608, § 209 (as applicable to en- listments), 66 Stat. 484. 512(c) ...... 50:929(b) (as applicable to enlistments). In subsection (a), the words ‘‘is entitled * * * to be enlisted in any armed force that he chooses’’ are sub- stituted for the words ‘‘shall * * * be permitted to en- list * * * in such Armed Force of the United States as he may elect’’. The second sentence is substituted for 50:929(a) (words within parentheses). The words ‘‘of an Armed Force of the United States’’ are omitted as sur- plusage. In subsection (b), the word ‘‘rest’’ is substituted for the words ‘‘remaining period’’. The words ‘‘be required to’’ are omitted as surplusage. In subsection (c), the words ‘‘This section does not’’ are substituted for the words ‘‘Nothing in this section shall be construed’’. The word ‘‘change’’ is substituted for the words ‘‘reduce, limit, or modify’’. The words ‘‘which any person may undertake to perform’’ are omitted as surplusage. Editorial Notes REFERENCES IN TEXT The Military Selective Service Act, referred to in subsec. (a), is title I of act June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to chapter 49 (§ 3801 et seq.) of Title 50, War and National Defense. For com- plete classification of this Act to the Code, see Ref- erences in Text note set out under section 3801 of Title 50 and Tables. AMENDMENTS 2016—Subsec. (a). Pub. L. 114–328 substituted ‘‘(50 U.S.C. 3801 et seq.)’’ for ‘‘(50 U.S.C. App. 451 et seq.)’’ in two places. 1994—Pub. L. 103–337 renumbered section 512 of this title as this section. 1980—Subsec. (a). Pub. L. 96–513 substituted ‘‘the Mili- tary Selective Service Act (50 U.S.C. App. 451 et seq.)’’ for ‘‘sections 451–473 of title 50, appendix’’ wherever ap- pearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. § 12105. Army Reserve and Air Force Reserve: transfer from Guard components (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 trans- ferred is eligible for promotion to the highest regular or reserve grade ever held by him in the Page 3644 TITLE 10—ARMED FORCES § 12106 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. (Added Pub. L. 103–337, div. A, title XVI, § 1662(b)(1), Oct. 5, 1994, 108 Stat. 2988.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3259 and 8259 of this title, prior to re- peal by Pub. L. 103–337, § 1662(b)(3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title. § 12106. Army and Air Force Reserve: transfer to upon withdrawal as member of National Guard (a) An enlisted member of the Army National Guard of the United States who ceases to be a member of the Army National Guard becomes a member of the Army Reserve unless he is also discharged from his enlistment as a Reserve. (b) An enlisted member of the Air National Guard of the United States who ceases to be a member of the Air National Guard becomes a member of the Air Force Reserve unless he is also discharged from his enlistment as a Re- serve. (c) An enlisted member who becomes a mem- ber of the Army Reserve or the Air Force Re- serve under this section ceases to be a member of the Army National Guard of the United States or the Air National Guard of the United States, as the case may be. (Added Pub. L. 103–337, div. A, title XVI, § 1662(b)(1), Oct. 5, 1994, 108 Stat. 2989.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3260 and 8260 of this title, prior to re- peal by Pub. L. 103–337, § 1662(b)(3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title. § 12107. Army National Guard of United States; Air National Guard of the United States: en- listment in (a) Except as provided in subsection (c), to be- come an enlisted member of the Army National Guard of the United States or the Air National Guard of the United States, a person must— (1) be enlisted in the Army National Guard or the Air National Guard, as the case may be; (2) subscribe to the oath set forth in section 304 of title 32; and (3) be a member of a federally recognized unit or organization of the Army National Guard or the Air National Guard, as the case may be, in the grade in which he is to be en- listed as a Reserve. (b)(1) Under regulations to be prescribed by the Secretary of the Army, a person who enlists in the Army National Guard, or whose term of enlistment in the Army National Guard is ex- tended, shall be concurrently enlisted, or his term of enlistment shall be concurrently ex- tended, as the case may be, as a Reserve of the Army for service in the Army National Guard of the United States. (2) Under regulations to be prescribed by the Secretary of the Air Force, a person who enlists in the Air National Guard, or whose term of en- listment in the Air National Guard is extended, shall be concurrently enlisted, or his term of en- listment shall be concurrently extended, as the case may be, as a Reserve of the Air Force for service in the Air National Guard of the United States. (c)(1) A member of the Army Reserve who en- lists in the Army National Guard in his reserve grade, and is a member of a federally recognized unit or organization of the Army National Guard, becomes a member of the Army National Guard of the United States and ceases to be a member of the Army Reserve. (2) A member of the Air Force Reserve who en- lists in the Air National Guard in his reserve grade, and is a member of a federally recognized unit or organization of the Air National Guard, becomes a member of the Air National Guard of the United States and ceases to be a member of the Air Force Reserve. (Added Pub. L. 103–337, div. A, title XVI, § 1662(b)(1), Oct. 5, 1994, 108 Stat. 2989.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in sections 3261 and 8261 of this title, prior to re- peal by Pub. L. 103–337, § 1662(b)(3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 1, 1994, except as otherwise pro- vided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title. § 12108. Enlisted members: discharge or retire- ment for years of service or for age Each reserve enlisted member of the Army, Navy, Air Force, or Marine Corps who is in an active status and has reached the maximum years of service or age prescribed by the Sec- retary concerned shall— (1) be transferred to the Retired Reserve if the member is qualified for such transfer and does not request (in accordance with regula- tions prescribed by the Secretary concerned) not to be transferred to the Retired Reserve; or (2) be discharged if the member is not quali- fied for transfer to the Retired Reserve or has requested (in accordance with regulations pre-