
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: 10USC12211]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
              CHAPTER 1205--APPOINTMENT OF RESERVE OFFICERS
 
Sec. 12211. Officers: Army National Guard of the United States

    (a) Upon being federally recognized, an officer of the Army National 
Guard shall be appointed as a Reserve for service as a member of the 
Army National Guard of the United States in the grade that he holds in 
the Army National Guard. However, an officer of the Army Reserve who is 
federally recognized as an officer of the Army National Guard becomes an 
officer of the Army National Guard of the United States and ceases to be 
an officer of the Army Reserve. The acceptance of an appointment as a 
Reserve for service as a member of the Army National Guard of the United 
States by an officer of the Army National Guard does not vacate his 
office in the Army National Guard.
    (b) When an officer of the Army National Guard to whom temporary 
Federal recognition has been extended is appointed as a Reserve for 
service as a member of the Army National Guard of the United States, his 
appointment shall bear the date of the temporary recognition and shall 
be considered to have been accepted and effective on that date.
    (c) When the Army National Guard of the United States is ordered to 
active duty, any officer of the Army National Guard who is not a Reserve 
of the Army may be appointed by the President as a Reserve for service 
as a member of the Army National Guard of the United States in the grade 
that he holds in the Army National Guard.

(Aug. 10, 1956, ch. 1041, 70A Stat. 193, Sec. 3351; renumbered 
Sec. 12211, Pub. L. 103-337, div. A, title XVI, Sec. 1662(c)(3), Oct. 5, 
1994, 108 Stat. 2990; Pub. L. 104-106, div. A, title XV, 
Sec. 1501(b)(13)(A), Feb. 10, 1996, 110 Stat. 496.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
3351(a)...............................  50:1113 (less (a)).                  Ju
ly 9, 1952, ch. 608, Secs.  703
                                        50:1115(a) (last 39 words).           (
less (a)), 704 (2d sentence),
3351(b)...............................  50:1114 (2d sentence).                7
05(a) (last 39 words), 713 (less
3351(c)...............................  50:1123 (less (a)).                   (
a)), 66 Stat. 502-504.
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---------------------------------

    In subsection (a), the words ``as a Reserve'' are substituted for 
the words ``as Reserve officers of the appropriate Armed Force of the 
United States'' and ``as a Reserve officer of the Armed Force of the 
United States concerned'', in 50:1113(b). The words ``federally 
recognized appointments'' and ``in the same grade and branch'', in 
50:1113(b), are omitted as surplusage. The words ``those officers who do 
not hold appointments as Reserve officers of the appropriate Armed Force 
of the United States'', in 50:1113(b), are omitted as covered by the 
second sentence of the revised subsection.
    In subsection (c), the words ``active duty'' are substituted for the 
words ``active military service of the United States''. The words ``and 
branch'' are omitted as surplusage. The words ``of the Army National 
Guard of the United States'' are inserted for clarity.


                               Amendments

    1996--Pub. L. 104-106 inserted ``the'' after ``National Guard of'' 
in section catchline.
    1994--Pub. L. 103-337 renumbered section 3351 of this title as this 
section.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective as if included in the Reserve 
Officer Personnel Management Act, title XVI of Pub. L. 103-337, as 
enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104-106, set 
out as a note under section 113 of this title.
