10 U.S.C. § 12107 — Army National Guard of United States;

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-