10 U.S.C. § 12108 — Enlisted members: discharge or retire-

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- Page 3645 TITLE 10—ARMED FORCES § 12201 scribed by the Secretary concerned) not to be so transferred. (Added Pub. L. 107–107, div. A, title V, § 517(f)(1), Dec. 28, 2001, 115 Stat. 1095.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first month that begins more than 180 days after Dec. 28, 2001, see section 517(g) of Pub. L. 107–107, set out as an Effective Date of 2001 Amendment note under section 10154 of this title. CHAPTER 1205—APPOINTMENT OF RESERVE OFFICERS Sec. 12201. Reserve officers: qualifications for appoint- ment. 12202. Commissioned officer grades. 12203. Commissioned officers: appointment, how made; term. 12204. Commissioned officers: original appointment; limitation. 12205. Commissioned officers: appointment; edu- cational requirement. 12206. Commissioned officers: appointment of former commissioned officers. 12207. Commissioned officers: service credit upon original appointment. 12208. Officers: appointment upon transfer. 12209. Officer candidates: enlisted Reserves. 12210. Attending Physician to the Congress: reserve grade. 12211. Officers: Army National Guard of the United States. 12212. Officers: Air National Guard of the United States. 12213. Officers; Army Reserve: transfer from Army National Guard of the United States. 12214. Officers; Air Force Reserve: transfer from Air National Guard of the United States. 12215. Commissioned officers: reserve grade of adju- tants general and assistant adjutants gen- eral. Editorial Notes AMENDMENTS 2006—Pub. L. 109–364, div. A, title V, § 507(a)(2)(C), Oct. 17, 2006, 120 Stat. 2180, struck out ‘‘while so serving’’ after ‘‘reserve grade’’ in item 12210. 1996—Pub. L. 104–106, div. A, title XV, § 1501(b)(11)(B), (13)(B), Feb. 10, 1996, 110 Stat. 496, substituted ‘‘Reserve officers: qualifications’’ for ‘‘Qualifications’’ in item 12201 and inserted ‘‘the’’ after ‘‘National Guard of’’ in items 12211, 12212, 12213, and 12214. § 12201. Reserve officers: qualifications for ap- pointment (a)(1) To become an officer of a reserve compo- nent a person must be appointed as a Reserve of an armed force in a grade corresponding to a grade authorized for the regular component of the armed force concerned and, except as pro- vided in paragraph (2), subscribe to the oath pre- scribed by section 3331 of title 5. In addition, to become an officer of the Army National Guard of the United States or the Air National Guard of the United States, he must first be appointed to, and be federally recognized in, the same grade in the Army National Guard or the Air National Guard, as the case may be. (2) If an officer is transferred from the active- duty list of an armed force to a reserve active- status list of an armed force in accordance with regulations prescribed by the Secretary of De- fense, the officer is not required to subscribe to the oath referred to in paragraph (1) in order to qualify for an appointment under that para- graph. (b) Except as otherwise provided by law, the Secretary concerned shall prescribe physical, mental, moral, professional, and age qualifica- tions for the appointment of persons as Reserves of the armed forces under his jurisdiction. How- ever, no person may be appointed as a Reserve unless he is at least 18 years of age and— (1) he is a citizen of the United States or has been lawfully admitted to the United States for permanent residence under the Immigra- tion and Nationality Act (8 U.S.C. 1101 et seq.); or (2) he has previously served in the armed forces or in the National Security Training Corps. (c) A person who is otherwise qualified, but who has a physical defect that the Secretary concerned determines will not interfere with the performance of the duties to which that person may be assigned, may be appointed as a Reserve of any armed force under the jurisdiction of that Secretary. (d) In prescribing age qualifications under sub- section (b) for the appointment of persons as Re- serves of the armed forces under his jurisdiction, the Secretary concerned may not prescribe a maximum age qualification of less than 47 years of age for the initial appointment of a person as a Reserve to serve in a health profession spe- cialty which has been designated by the Sec- retary concerned as a specialty critically needed in wartime. (Aug. 10, 1956, ch. 1041, 70A Stat. 24, § 591; Pub. L. 85–861, § 1(10)(A), Sept. 2, 1958, 72 Stat. 1440; Pub. L. 88–236, Dec. 23, 1963, 77 Stat. 474; Pub. L. 89–718, § 4, Nov. 2, 1966, 80 Stat. 1115; Pub. L. 90–130, § 1(3), Nov. 8, 1967, 81 Stat. 374; Pub. L. 96–513, title V § 511(16), Dec. 12, 1980, 94 Stat. 2921; Pub. L. 100–180, div. A, title VII, § 718(a), Dec. 4, 1987, 101 Stat. 1115; renumbered § 12201 and amended Pub. L. 103–337, div. A, title XVI, §§ 1631(b), 1662(c)(2), Oct. 5, 1994, 108 Stat. 2964, 2990; Pub. L. 104–106, div. A, title XV, § 1501(a)(5)(B), (b)(11)(A), Feb. 10, 1996, 110 Stat. 495, 496; Pub. L. 108–375, div. A, title V, § 501(c)(3), Oct. 28, 2004, 118 Stat. 1874; Pub. L. 111–383, div. A, title V, § 515, Jan. 7, 2011, 124 Stat. 4213.) HISTORICAL AND REVISION NOTES 1956 ACT Revised section Source (U.S. Code) Source (Statutes at Large) 591(a) ...... 591(b) ...... 591(c) ...... 591(d) ...... 50:946. 50:941(a) (less applica- bility to enlistments). 50:941(b) (less applica- bility to enlistments). 50:956 (less applicability to enlistments). July 9, 1952, ch. 608, §§ 217 (less (c), and less appli- cability to enlist- ments), 222, 232 (less applicability to enlist- ments), 66 Stat. 486, 487, 489. In subsection (a), 50:946(a) (last 12 words of proviso) is omitted as covered by section 312 of title 32, 50:946(b) is omitted as covered by the revised subsection. In subsection (b), the word ‘‘However’’ is substituted for the words ‘‘Subject to the limitation that’’. The ex- ception as to section 4(i)(7) of the Universal Military Training and Service Act is inserted for clarity. The