§ 12211. Officers: Army National Guard of the United States
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/usc/title-10/section-12211A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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, § 3351; renumbered § 12211, Pub. L. 103–337, div. A, title XVI, § 1662(c)(3), Oct. 5, 1994, 108 Stat. 2990; Pub. L. 104–106, div. A, title XV, § 1501(b)(13)(A), Feb. 10, 1996, 110 Stat. 496.)
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.
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U.S. Code
10 references not yet in our index
- Aug. 10, 1956, ch. 1041
- 70A Stat. 193
- Pub. L. 103–337, div. A, title XVI, § 1662(c)(3)
- 108 Stat. 2990
- Pub. L. 104–106, div. A, title XV, § 1501(b)(13)(A)
- 110 Stat. 496
- Pub. L. 104–106
- Pub. L. 103–337
- section 3351 of this title
- section 1501(f)(3) of Pub. L. 104–106
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§ 12211
Officers: Army National Guard of the United States
ActAug. 10, 1956, ch. 1041
Stat.70A Stat. 193
Pub. L.Pub. L. 103–337, div. A, title XVI, § 1662(c)(3)
Stat.108 Stat. 2990
Pub. L.Pub. L. 104–106, div. A, title XV, § 1501(b)(13)(A)
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