
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12105]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
                     CHAPTER 1203--ENLISTED MEMBERS
 
Sec. 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 transferred is eligible for 
promotion to the highest regular or reserve grade ever held by him in 
the 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, Sec. 1662(b)(1), Oct. 5, 
1994, 108 Stat. 2988.)


                            Prior Provisions

    Provisions similar to those in this section were contained in 
sections 3259 and 8259 of this title, prior to repeal by Pub. L. 103-
337, Sec. 1662(b)(3).

                  Section Referred to in Other Sections

    This section is referred to in title 32 section 323.
