
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: 10USC12214]

 
                         TITLE 10--ARMED FORCES
 
                     Subtitle E--Reserve Components
 
                      PART II--PERSONNEL GENERALLY
 
              CHAPTER 1205--APPOINTMENT OF RESERVE OFFICERS
 
Sec. 12214. Officers; Air Force Reserve: transfer from Air 
        National Guard of the United States
        
    (a) Under such regulations as the Secretary of the Air Force may 
prescribe, and with the consent of the governor or other appropriate 
authority of the State concerned, an officer of the Air National Guard 
of the United States may be transferred in grade to the Air Force 
Reserve.
    (b) Unless discharged from his appointment as a Reserve, an officer 
of the Air National Guard of the United States whose Federal recognition 
as a member of the Air National Guard is withdrawn becomes a member of 
the Air Force Reserve. An officer who so becomes a member of the Air 
Force Reserve ceases to be a member of the Air National Guard of the 
United States.

(Aug. 10, 1956, ch. 1041, 70A Stat. 520, Sec. 8352; Pub. L. 87-651, 
title I, Sec. 126, Sept. 7, 1962, 76 Stat. 514; Pub. L. 100-456, div. A, 
title XII, Sec. 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; renumbered 
Sec. 12214 and amended Pub. L. 103-337, div. A, title XVI, 
Secs. 1662(c)(3), 1675(b)(2), Oct. 5, 1994, 108 Stat. 2990, 3017; Pub. 
L. 104-106, div. A, title XV, Sec. 1501(b)(13)(A), Feb. 10, 1996, 110 
Stat. 496.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
8352(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
8352(b)...............................   enlistments).                        a
pplicability to enlistments), 66
                                                                              S
tat. 503.
-------------------------------------------------------------------------------
---------------------------------

    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 Air Force'' 
are substituted for the words ``highest permanent grade previously held 
in * * * the Air Force or any component thereof'', since ``permanent'' 
grades are held only in a component and there are no ``nonpermanent'' 
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''.

                            1962 Act

    The change reflects the implied repeal of the second sentence of 
section 8352(a) by section 502(a) of the Reserve Officer Personnel Act 
of 1954 (68 Stat. 1172).


                               Amendments

    1996--Pub. L. 104-106 inserted ``the'' after ``National Guard of'' 
in section catchline.
    1994--Pub. L. 103-337, Sec. 1662(c)(3), renumbered section 8352 of 
this title as this section.
    Subsec. (a). Pub. L. 103-337, Sec. 1675(b)(2), struck out ``or 
Territory, Puerto Rico, or the District of Columbia, whichever is'' 
after ``authority of the State''.
    1988--Subsec. (a). Pub. L. 100-456 struck out ``the Canal Zone,'' 
after ``Puerto Rico,''.
    1962--Subsec. (a). Pub. L. 87-651 struck out sentence which provided 
that upon transfer, an officer is eligible for promotion to the highest 
regular or reserve grade ever held by him in the Air Force, 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 Amendment

    Amendment by 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.
