
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC12213]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
              CHAPTER 1205--APPOINTMENT OF RESERVE OFFICERS
 
Sec. 12213. Officers; Army Reserve: transfer from Army National 
        Guard of the United States
        
    (a) Under such regulations as the Secretary of the Army may 
prescribe, and with the consent of the governor or other appropriate 
authority of the State concerned, an officer of the Army National Guard 
of the United States may be transferred in grade to the Army Reserve.
    (b) Unless discharged from his appointment as a Reserve, an officer 
of the Army National Guard of the United States whose Federal 
recognition as a member of the Army National Guard is withdrawn becomes 
a member of the Army Reserve. An officer who so becomes a member of the 
Army Reserve ceases to be a member of the Army National Guard of the 
United States.

(Aug. 10, 1956, ch. 1041, 70A Stat. 194, Sec. 3352; Pub. L. 85-861, 
Sec. 1(80)(A), Sept. 2, 1958, 72 Stat. 1468; Pub. L. 86-559, Sec. 1(7), 
June 30, 1960, 74 Stat. 265; Pub. L. 100-456, div. A, title XII, 
Sec. 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; renumbered Sec. 12213 
and amended Pub. L. 103-337, div. A, title XVI, Secs. 1636(a), 
1662(c)(3), 1675(b)(2), Oct. 5, 1994, 108 Stat. 2968, 2990, 3017; Pub. 
L. 104-106, div. A, title XV, Sec. 1501(b)(13)(A), (14), Feb. 10, 1996, 
110 Stat. 496.)

                                          Historical and Revision Notes
                                                    1956 Act
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
3352(a)...............................  50:1116 (less last 15 words of 1st   Ju
ly 9, 1952, ch. 608, Secs.  706
                                         sentence, and less applicability     (
less last 15 words of 1st
                                         to enlistments).                     s
entence, and less applicability
                                        50:1117 (less applicability to        t
o enlistments), 707 (less
3352(b)...............................   enlistments).                        a
pplicability to enlistments), 66
                                                                              S
tat. 503.
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---------------------------------

    In subsection (a), the words ``at any time'', ``of any person'', and 
``from the National Guard of the United States or from the Air National 
Guard of the United States'' are omitted as surplusage. The words 
``highest regular or reserve grade ever held by him in the Army'' are 
substituted for the words ``highest permanent grade previously held in 
the Army or any component thereof'', since ``permanent'' grades are held 
only in a component and there are no ``non-permanent'' grades held in a 
component.
    In subsection (b), the words ``appointment as a Reserve'' are 
substituted for the words ``appointment or * * * as a Reserve officer 
or''. The words ``whose Federal recognition as a member * * * is 
withdrawn'' are substituted for the words ``ceases to hold a status as a 
federally recognized member''.

                                                    1958 Act
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
3352(a)...............................  50:1254.                             Se
pt. 3, 1954, ch. 1257, Sec.  322,
                                                                              6
8 Stat. 1161.
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---------------------------------

                               Amendments

    1996--Pub. L. 104-106, Sec. 1501(b)(13)(A), inserted ``the'' after 
``National Guard of'' in section catchline.
    Subsec. (a). Pub. L. 104-106, Sec. 1501(b)(14), substituted 
``section 12203'' for ``section 593'' in last sentence.
    1994--Pub. L. 103-337, Sec. 1662(c)(3), renumbered section 3352 of 
this title as this section.
    Subsec. (a). Pub. L. 103-337, Sec. 1675(b), struck out ``or 
Territory, Puerto Rico, or the District of Columbia, whichever is'' 
after ``authority of the State''.
    Pub. L. 103-337, Sec. 1636(a), struck out at end ``Notwithstanding 
any other provision of this chapter or section 12203 of this title, an 
officer who is transferred under this section shall be advanced to the 
highest temporary, regular, or reserve grade ever held by him in the 
Army, unless the Secretary determines that it is not in the best 
interests of the service.''
    1988--Subsec. (a). Pub. L. 100-456 struck out ``the Canal Zone,'' 
after ``Puerto Rico,''.
    1960--Subsec. (a). Pub. L. 86-559 authorized officers transferred 
under this section to be advanced to the highest temporary grade ever 
held in the Army.
    1958--Subsec. (a). Pub. L. 85-861 substituted ``Notwithstanding any 
other provision of this chapter or section 593 of this title, an officer 
who is transferred under this section shall be advanced to the highest 
regular or reserve grade ever held by him in the Army, unless the 
Secretary determines that it is not in the best interests of the 
service'' for ``Upon transfer, he is eligible for promotion to the 
highest regular or reserve grade ever held by him in the Army, if his 
service has been honorable''.


                    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.


                    Effective Date of 1994 Amendments

    Section 1501(f)(1) of Pub. L. 104-106 provided that: ``Section 1636 
of the Reserve Officer Personnel Management Act [Pub. L. 103-337, 
amending this section and repealing sections 8356 and 8379 of this 
title] shall take effect on the date of the enactment of this Act [Feb. 
10, 1996].''
    Amendment by sections 1662(c)(3) and 1675(b)(2) of Pub. L. 103-337 
effective Dec. 1, 1994, except as otherwise provided, see section 1691 
of Pub. L. 103-337, set out as an Effective Date note under section 
10001 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 12203, 12683 of this title; 
title 32 section 323.
