§ 12213. Officers; Army Reserve: transfer from Army National Guard of the United States
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/usc/title-10/section-12213A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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of the Army National Guard of the United States whose Federal recognition as a member of the Army National Guard is withdrawn becomes a member of the Army Reserve.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, § 3352; Pub. L. 85–861, § 1(80)(A), Sept. 2, 1958, 72 Stat. 1468; Pub. L. 86–559, § 1(7), June 30, 1960, 74 Stat. 265; Pub. L. 100–456, div. A, title XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059; renumbered § 12213 and amended Pub. L. 103–337, div. A, title XVI, §§ 1636(a), 1662(c)(3), 1675(b)(2), Oct. 5, 1994, 108 Stat. 2968, 2990, 3017; Pub. L. 104–106, div. A, title XV, § 1501(b)(13)(A), (14), Feb. 10, 1996, 110 Stat. 496.)
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 The words “whose Federal recognition as a member * * * is withdrawn” are substituted for the words “ceases to hold a status as a federally recognized member”.
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- Aug. 10, 1956, ch. 1041
- 70A Stat. 194
- Pub. L. 85–861, § 1(80)(A)
- 72 Stat. 1468
- Pub. L. 86–559, § 1(7)
- 74 Stat. 265
- Pub. L. 100–456, div. A, title XII, § 1234(a)(1)
- 102 Stat. 2059
- Pub. L. 103–337, div. A, title XVI
- 108 Stat. 2968
- Pub. L. 104–106, div. A, title XV, § 1501(b)(13)(A)
- 110 Stat. 496
- Pub. L. 104–106, § 1501(b)(13)(A)
- Pub. L. 104–106, § 1501(b)(14)
- Pub. L. 103–337, § 1662(c)(3)
- section 3352 of this title
- Pub. L. 103–337, § 1675(b)
- Pub. L. 103–337, § 1636(a)
- Pub. L. 100–456
- Pub. L. 86–559
- Pub. L. 85–861
- section 593 of this title
- Pub. L. 104–106
- Pub. L. 103–337
- section 1501(f)(3) of Pub. L. 104–106
- Pub. L. 104–106, div. A, title XV, § 1501(f)(1)
- 110 Stat. 501
- section 1691 of Pub. L. 103–337
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§ 12213
Officers; Army Reserve: transfer from Army National Guard of the United States
Stat.×1
ActAug. 10, 1956, ch. 1041
Stat.70A Stat. 194
Pub. L.Pub. L. 85–861, § 1(80)(A)
Stat.72 Stat. 1468
Pub. L.Pub. L. 86–559, § 1(7)
Cites 31 · showing 8Cited by 1 across 1 source