
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: 10USC12212]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
              CHAPTER 1205--APPOINTMENT OF RESERVE OFFICERS
 
Sec. 12212. Officers: Air National Guard of the United States

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

(Aug. 10, 1956, ch. 1041, 70A Stat. 519, Sec. 8351; renumbered 
Sec. 12212, 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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---------------------------------
8351(a)...............................  50:1113 (less (a)).                  Ju
ly 9, 1952, ch. 608, Secs.  703
                                        50:1115(a) (last 39 words).           (
less (a)), 704 (2d sentence),
8351(b)...............................  50:1114 (2d sentence).                7
05(a) (last 39 words), 713 (less
8351(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 Air 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 8351 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.
