US (United States) Code. Title 10. Subtitle E: Reserve Components. Chapter 1203: Enlisted members

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Armed Forces. Personnel generally

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-CITE-

10 USC CHAPTER 1203 - ENLISTED MEMBERS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1203 - ENLISTED MEMBERS

.

-HEAD-

CHAPTER 1203 - ENLISTED MEMBERS

-MISC1-

Sec.

12101. Definition.

12102. Reserve components: qualifications.

12103. Reserve components: terms.

12104. Reserve components: transfers.

12105. Army Reserve and Air Force Reserve: transfer from Guard

components.

12106. Army and Air Force Reserve: transfer to upon withdrawal as

member of National Guard.

12107. Army National Guard of United States; Air National Guard of

the United States: enlistment in.

12108. Enlisted members: discharge or retirement for years of

service or for age.

AMENDMENTS

2001 - Pub. L. 107-107, div. A, title V, Sec. 517(f)(2), Dec.

28, 2001, 115 Stat. 1096, added item 12108.

-CITE-

10 USC Sec. 12101 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1203 - ENLISTED MEMBERS

-HEAD-

Sec. 12101. Definition

-STATUTE-

In this chapter, the term ''enlistment'' means original

enlistment or reenlistment.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(b)(1), Oct.

5, 1994, 108 Stat. 2988.)

-MISC1-

EFFECTIVE DATE

Chapter effective Dec. 1, 1994, except as otherwise provided, see

section 1691 of Pub. L. 103-337, set out as a note under section

10001 of this title.

-CITE-

10 USC Sec. 12102 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1203 - ENLISTED MEMBERS

-HEAD-

Sec. 12102. Reserve components: qualifications

-STATUTE-

(a) To become an enlisted member of a reserve component a person

must be enlisted as a Reserve of an armed force and subscribe to

the oath prescribed by section 502 of this title, or be transferred

to that component according to law. In addition, to become an

enlisted member of the Army National Guard of the United States or

the Air National Guard of the United States, he must meet the

requirements of section 12107 of this title.

(b) Except as otherwise provided by law, the Secretary concerned

shall prescribe physical, mental, moral, professional, and age

qualifications for the enlistment of persons as Reserves of the

armed forces under his jurisdiction. However, no person may be

enlisted as a Reserve unless -

(1) he is a citizen of the United States or has been lawfully

admitted to the United States for permanent residence under the

Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or

(2) he has previously served in the armed forces or in the

National Security Training Corps.

(c) A person who is otherwise qualified, but who has a physical

defect that the Secretary concerned determines will not interfere

with the performance of the duties to which that person may be

assigned, may be enlisted as a Reserve of any armed force under the

jurisdiction of that Secretary.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 17, Sec. 510; Pub. L. 88-236,

Dec. 23, 1963, 77 Stat. 474; Pub. L. 90-130, Sec. 1(2), Nov. 8,

1967, 81 Stat. 374; Pub. L. 90-623, Sec. 2(3), Oct. 22, 1968, 82

Stat. 1314; Pub. L. 96-513, title V, Sec. 511(13), Dec. 12, 1980,

94 Stat. 2921; renumbered Sec. 12102 and amended Pub. L. 103-337,

div. A, title XVI, Sec. 1631(a), 1662(b)(2), 1675(a), Oct. 5,

1994, 108 Stat. 2964, 2989, 3017; Pub. L. 104-106, div. A, title

XV, Sec. 1501(a)(5)(A), Feb. 10, 1996, 110 Stat. 495.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

510(a) 510(b) 50:952 (less July 9, 1952, ch.

510(c) 510(d) proviso). 50:941(a) 608, Sec. 217 (less

(as applicable to (c), as applicable

enlistments). to enlistments),

50:941(b) (as 228 (less proviso),

applicable to 232 (as applicable

enlistments). to enlistments), 66

50:956 (as Stat. 486, 488,

applicable to 489.

enlistments).

-------------------------------

In subsection (a), the last sentence is inserted to reflect

sections 3261 and 8261 of this title.

In subsection (b), the word ''However'' is substituted for the

words ''Subject to the limitation that''. The words ''as Reserves

in the armed forces under his jurisdiction'' are substituted for

the words ''of Reserve members of the Armed Forces of the United

States''. The words ''its Territories'' are omitted as surplusage,

since citizens of the Territories are citizens of the United

States.

In subsection (c), the words ''armed force concerned'' are

substituted for the words ''of the appropriate Armed Force of the

United States''. The words ''in which she previously served

satisfactorily'' are substituted for the words ''satisfactorily

held by her''.

In subsection (d), the words ''under the jurisdiction of that

Secretary'' are inserted for clarity. The words ''general or

special'' are omitted as surplusage.

-REFTEXT-

REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in subsec.

(b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,

which is classified principally to chapter 12 (Sec. 1101 et seq.)

of Title 8, Aliens and Nationality. For complete classification of

this Act to the Code, see Short Title note set out under section

1101 of Title 8 and Tables.

-MISC2-

AMENDMENTS

1996 - Subsecs. (c), (d). Pub. L. 104-106 made technical

correction to directory language of Pub. L. 103-337, Sec. 1631(a).

See 1994 Amendment note below.

1994 - Pub. L. 103-337, Sec. 1662(b)(2), renumbered section 510

of this title as this section.

Subsec. (a). Pub. L. 103-337, Sec. 1675(a), substituted ''12107''

for ''3261 or 8261''.

Subsecs. (c), (d). Pub. L. 103-337, Sec. 1631(a), as amended by

Pub. L. 104-106, redesignated subsec. (d) as (c) and struck out

former subsec. (c) which read as follows: ''Women may be enlisted

as Reserves of the armed forces. Women are enlisted in the grades

and ratings authorized for enlisted women of the regular component

of the armed force concerned. Any female former enlisted member of

an armed force may, if otherwise qualified, be enlisted as a

Reserve of that armed force in the highest grade or rating in which

she previously served satisfactorily on active duty (other than for

training).''

1980 - Subsec. (b)(1). Pub. L. 96-513 substituted ''the

Immigration and Nationality Act (8 U.S.C. 1101 et seq.)'' for

''chapter 12 of title 8''.

1968 - Subsec. (a). Pub. L. 90-623 substituted ''section 502''

for ''section 501''.

1967 - Subsec. (c). Pub. L. 90-130 struck out provision limiting

the reserve components in which women may be enlisted as Reserves

of the armed forces to the Army Reserve, Naval Reserve, Air Force

Reserve, Marine Corps Reserve, and Coast Guard Reserve.

1963 - Subsec. (b)(1). Pub. L. 88-236 substituted ''he is a

citizen of the United States or has been lawfully admitted to the

United States for permanent residence under chapter 12 of title 8''

for ''he is, or has made a declaration of intention to become, a

citizen of the United States or of a possession thereof''.

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 sections 1662(b)(2) and 1675(a) of Pub. L. 103-337

effective Dec. 1, 1994, except as otherwise provided, and amendment

by section 1631(a) of Pub. L. 103-337 effective Oct. 1, 1996, see

section 1691 of Pub. L. 103-337, set out as an Effective Date note

under section 10001 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of Title

5, Government Organization and Employees.

TREATMENT OF SINGLE PARENTS ENLISTING IN RESERVE COMPONENTS OF THE

ARMED FORCES

Pub. L. 99-661, div. A, title V, Sec. 523, Nov. 14, 1986, 100

Stat. 3871, as amended by Pub. L. 100-180, div. A, title V, Sec.

503, Dec. 4, 1987, 101 Stat. 1085; Pub. L. 101-189, div. A, title

V, Sec. 504, Nov. 29, 1989, 103 Stat. 1437, which provided that, in

determining under section 510 (now 12102) of title 10 whether a

person who is applying to enlist in a reserve component of the

Armed Forces upon discharge or release from active duty is

qualified for enlistment as a Reserve of an Armed Force, the

Secretary concerned may not disqualify the person because the

person is a single parent if the person is otherwise qualified for

enlistment, the person became a single parent while serving on

active duty, and the person's status as a single parent was not a

factor in the person's discharge or release from active duty, with

provision that the requirements imposed with respect to parenthood

not be more stringent than those imposed on a member who becomes a

single parent during the term of the member's enlistment, and with

provision defining ''single parent'' as a person who is not married

and who has custody of a child under the age of 18 pursuant to a

court order, expired on Sept. 30, 1991.

-CITE-

10 USC Sec. 12103 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1203 - ENLISTED MEMBERS

-HEAD-

Sec. 12103. Reserve components: terms

-STATUTE-

(a) Except as otherwise prescribed by law, enlistments as

Reserves are for terms prescribed by the Secretary concerned.

However, an enlistment that is in effect at the beginning of a war

or of a national emergency declared by Congress, or entered into

during such a war or emergency, and that would otherwise expire,

continues in effect until the expiration of six months after the

end of that war or emergency, whichever is later, unless sooner

terminated by the Secretary concerned.

(b) Under regulations to be prescribed by the Secretary of

Defense, and by the Secretary of Homeland Security with respect to

the Coast Guard when it is not operating as a service in the Navy,

a person who is qualified for enlistment for active duty in an

armed force, and who is not under orders to report for induction

into an armed force under the Military Selective Service Act (50

U.S.C. App. 451 et seq.), may be enlisted as a Reserve for service

in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps

Reserve, or Coast Guard Reserve, for a term of not less than six

years nor more than eight years. Each person enlisted under this

subsection shall serve -

(1) on active duty for a period of not less than two years; and

(2) the rest of his period of enlistment as a member of the

Ready Reserve.

(c) In time of war or of national emergency declared by Congress

the term of service of an enlisted member transferred to a reserve

component according to law, that would otherwise expire, continues

until the expiration of six months after the end of that war or

emergency, whichever is later, unless sooner terminated by the

Secretary concerned.

(d) Under regulations to be prescribed by the Secretary of

Defense, or the Secretary of Homeland Security with respect to the

Coast Guard when it is not operating as a service in the Navy, a

non-prior-service person who is qualified for induction for active

duty in an armed force and who is not under orders to report for

induction into an armed force under the Military Selective Service

Act (50 U.S.C. App. 451 et seq.), except as provided in section

6(c)(2)(A)(ii) and (iii) of such Act, may be enlisted in the Army

National Guard or the Air National Guard, or as a Reserve for

service in the Army Reserve, Naval Reserve, Air Force Reserve,

Marine Corps Reserve, or Coast Guard Reserve, for a term of not

less than six years nor more than eight years. Each person

enlisted under this subsection shall perform an initial period of

active duty for training of not less than twelve weeks to commence

insofar as practicable within one year after the date of that

enlistment.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 18, Sec. 511; Pub. L. 85-861,

Sec. 1(8), Sept. 2, 1958, 72 Stat. 1439; Pub. L. 88-110, Sec. 3,

Sept. 3, 1963, 77 Stat. 135; Pub. L. 90-168, Sec. 2(11), Dec. 1,

1967, 81 Stat. 523; Pub. L. 94-106, title VIII, Sec. 802(a), Oct.

7, 1975, 89 Stat. 537; Pub. L. 95-485, title IV, Sec. 405(c)(1),

Oct. 20, 1978, 92 Stat. 1615; Pub. L. 96-107, title VIII, Sec.

805(a), Nov. 9, 1979, 93 Stat. 812; Pub. L. 96-513, title V, Sec.

511(14), Dec. 12, 1980, 94 Stat. 2921; Pub. L. 97-252, title XI,

Sec. 1115(a), Sept. 8, 1982, 96 Stat. 750; Pub. L. 97-295, Sec.

1(6), Oct. 12, 1982, 96 Stat. 1289; Pub. L. 98-94, title X, Sec.

1022(a)(1), Sept. 24, 1983, 97 Stat. 670; renumbered Sec. 12103,

Pub. L. 103-337, div. A, title XVI, Sec. 1662(b)(2), Oct. 5, 1994,

108 Stat. 2989; Pub. L. 107-296, title XVII, Sec. 1704(b)(1), Nov.

25, 2002, 116 Stat. 2314; Pub. L. 107-314, div. A, title V, Sec.

533(a), Dec. 2, 2002, 116 Stat. 2547.)

-MISC1-

Historical and Revision Notes

1956 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

511(a) 511(b) 50:951 (less (c)). July 9, 1952, ch.

50:951(c). 608, Sec. 227, 66

Stat. 488.

-------------------------------

In subsection (a), the first sentence is substituted for

50:951(a). The words ''as Reserves in the Armed Forces of the

United States'' and ''the existence of'' are omitted as surplusage.

In subsections (a) and (b), the word ''hereafter'' is omitted as

surplusage. The words ''the expiration of'' are inserted for

clarity.

In subsection (b), the word ''continues'' is substituted for the

words ''shall * * * be extended''.

1958 Act

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

511(b) 50:1012. Aug. 9, 1955, ch.

665, Sec. 2(i) (1st

2 pars.), 69 Stat.

600.

-------------------------------

In subsection (b), the words ''respectively, pursuant to the

provisions of this section'' are omitted as surplusage. The words

''as a Reserve for service'' are inserted to reflect section 510 of

this title. The last six words of the first sentence are

substituted for 50:1012(b) (1st sentence).

-REFTEXT-

REFERENCES IN TEXT

The Military Selective Service Act, referred to in subsecs. (b)

and (d), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended,

which is classified principally to section 451 et seq. of Title 50,

Appendix, War and National Defense. Section 6 of the Act is

classified to section 456 of Title 50, Appendix. For complete

classification of this Act to the Code, see References in Text note

set out under section 451 of Title 50, Appendix, and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

Subsec. (d). Pub. L. 107-314 substituted ''one year'' for ''270

days'' in last sentence.

Pub. L. 107-296 substituted ''of Homeland Security'' for ''of

Transportation''.

1994 - Pub. L. 103-337 renumbered section 511 of this title as

this section.

1983 - Subsec. (b). Pub. L. 98-94, Sec. 1022(a)(1)(A),

substituted ''not less than six years nor more than eight years''

for ''six years''.

Subsec. (d). Pub. L. 98-94, Sec. 1022(a)(1)(B), substituted ''not

less than six years nor more than eight years'' for ''six years''.

1982 - Subsec. (b). Pub. L. 97-295 substituted ''(50 U.S.C. App.

451 et seq.)'' for ''(50 U.S.C. App. 451-473)'' after ''Military

Selective Service Act''.

Subsec. (d). Pub. L. 97-252 extended to 270 from 180 days

requirement for commencement of initial period of active duty for

training after date of enlistment.

1980 - Subsec. (d). Pub. L. 96-513 substituted ''Military

Selective Service Act (50 U.S.C. App. 451 et seq.)'' for ''Military

Selective Service Act of 1967 (50 App. U.S.C. 451-473)''.

1979 - Subsec. (d). Pub. L. 96-107 struck out requirement that a

non-prior-service person be under 26 years of age.

1978 - Subsec. (b). Pub. L. 95-485, in provision preceding cl.

(1), substituted ''the Secretary of Defense, and by the Secretary

of Transportation with respect to the Coast Guard when it is not

operating as a service in the Navy'' for ''the Secretary

concerned'' and ''the Military Selective Service Act (50 U.S.C.

App. 451-473)'' for ''sections 451-473 of title 50, appendix'', in

cl. (1), substituted ''not less than two years; and'' for ''two

years;'', struck out former cl. (2), requiring a person enlisted

under this subsec. to serve satisfactorily as a member of the Ready

Reserve for a period which when added to his active duty under cl.

(1) totals five years, redesignated former cl. (3) as (2), and in

cl. (2) as so redesignated, substituted ''Ready Reserve'' for

''Standby Reserve''.

1975 - Subsec. (d). Pub. L. 94-106 reduced initial period of

active duty for training for persons enlisted under this subsection

from four months to twelve weeks.

1967 - Subsec. (d). Pub. L. 90-168 substituted the Secretary of

Transportation for the Secretary of the Treasury as the prescribing

authority for regulations covering the Coast Guard when not

operating as part of the Navy, inserted exception as provided in

section 6(c)(2)(A)(ii) and (iii) of the Military Selective Service

Act of 1967, added requirement that the initial period of four

months' service commence insofar as practicable within 180 days

after the date of enlistment, and struck out provision that the

remainder of the period of service after the initial period of four

months be served, subject to section 269(e)(4) of this title, as a

member of the Ready Reserve.

1963 - Subsec. (d). Pub. L. 88-110 added subsec. (d).

1958 - Subsecs. (b), (c). Pub. L. 85-861, Sec. 1(8)(A), added

subsec. (b) and redesignated former subsec. (b) as (c).

EFFECTIVE DATE OF 2002 AMENDMENTS

Pub. L. 107-314, div. A, title V, Sec. 533(b), Dec. 2, 2002, 116

Stat. 2547, provided that: ''The amendment made by subsection (a)

(amending this section) shall apply with respect to enlistments

under section 12103(d) of title 10, United States Code, after the

end of the 90-day period beginning on the date of the enactment of

this Act (Dec. 2, 2002).''

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 1022(a)(2) of Pub. L. 98-94 provided that: ''The

amendments made by paragraph (1) (amending this section) shall

apply only with respect to persons who enlist under the authority

of subsection (b) or (d) of section 511 (now 12103) of title 10,

United States Code, 60 or more days after the date of the enactment

of this Act (Sept. 24, 1983).''

EFFECTIVE DATE OF 1982 AMENDMENT

Section 1115(b) of Pub. L. 97-252 provided that: ''The amendment

made by this section (amending this section) shall be effective

with respect to persons enlisting in a reserve component of the

Armed Forces after the end of the ninety-day period beginning on

the date of the enactment of this Act (Sept. 8, 1982).''

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Section 805(c) of Pub. L. 96-107 provided that: ''The amendments

made by this section (amending this section and section 651 of this

title) shall apply only to individuals who become members of an

Armed Force after the date of the enactment of this Act (Nov. 9,

1979).''

EFFECTIVE DATE OF 1978 AMENDMENT

Section 405(c)(2) of Pub. L. 95-485 provided that: ''The

amendments made by paragraph (1) (amending this section) shall not

apply with respect to a person who enlisted as a Reserve for

service in the Armed Forces under section 511(b) (now 12103(b)) of

title 10, United States Code, before the date of the enactment of

this Act (Oct. 20, 1978).''

EFFECTIVE DATE OF 1967 AMENDMENT

For effective date of amendment by Pub. L. 90-168, see section 7

of Pub. L. 90-168, set out as a note under section 138 of this

title.

TRANSITION

Pub. L. 107-314, div. A, title V, Sec. 533(c), Dec. 2, 2002, 116

Stat. 2547, provided that: ''In the case of a person who enlisted

under section 12103(d) of title 10, United States Code, before the

date of the enactment of this Act (Dec. 2, 2002) and who as of such

date has not commenced the required initial period of active duty

for training under that section, the amendment made by subsection

(a) (amending this section) may be applied to that person, but only

with the agreement of that person and the Secretary concerned.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 2108; title 14

section 713; title 37 section 205; title 38 sections 3002, 3202,

3452, 3501; title 50 App. section 456.

-CITE-

10 USC Sec. 12104 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1203 - ENLISTED MEMBERS

-HEAD-

Sec. 12104. Reserve components: transfers

-STATUTE-

(a) A person who would otherwise be required to be transferred to

a reserve component under section 651 of this title or under the

Military Selective Service Act (50 U.S.C. App. 451 et seq.), is

entitled, if he is qualified and accepted, to be enlisted in any

armed force that he chooses and to participate in the programs

authorized for that armed force. However, unless the two

Secretaries concerned consent, he may not be enlisted as a Reserve

of an armed force other than that from which he is transferred.

All periods of his participation shall be credited against the

total period of service required of him under section 651 of this

title or under the Military Selective Service Act (50 U.S.C. App.

451 et seq.). However, no period may be credited more than once.

(b) A person covered by subsection (a) shall perform the rest of

his required term of service in the armed force in which he is so

enlisted or in any other armed force in which he is later enlisted

or appointed.

(c) This section does not change any term of service under an

appointment, enlistment, or agreement, including an agreement made

before or at the time when the member entered upon a program

authorized by an armed force.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 18, Sec. 512; Pub. L. 96-513,

title V, Sec. 511(15), Dec. 12, 1980, 94 Stat. 2921; renumbered

Sec. 12104, Pub. L. 103-337, div. A, title XVI, Sec. 1662(b)(2),

Oct. 5, 1994, 108 Stat. 2989.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

512(a) 512(b) 50:929(a) (less 2d July 9, 1952, ch.

sentence, as 608, Sec. 209 (as

applicable to applicable to

enlistments). enlistments), 66

50:929(a) (2d Stat. 484.

sentence, as

applicable to

enlistments).

512(c) 50:929(b) (as

applicable to

enlistments).

-------------------------------

In subsection (a), the words ''is entitled * * * to be enlisted

in any armed force that he chooses'' are substituted for the words

''shall * * * be permitted to enlist * * * in such Armed Force of

the United States as he may elect''. The second sentence is

substituted for 50:929(a) (words within parentheses). The words

''of an Armed Force of the United States'' are omitted as

surplusage.

In subsection (b), the word ''rest'' is substituted for the words

''remaining period''. The words ''be required to'' are omitted as

surplusage.

In subsection (c), the words ''This section does not'' are

substituted for the words ''Nothing in this section shall be

construed''. The word ''change'' is substituted for the words

''reduce, limit, or modify''. The words ''which any person may

undertake to perform'' are omitted as surplusage.

-REFTEXT-

REFERENCES IN TEXT

The Military Selective Service Act, referred to in subsec. (a),

is act June 24, 1948, ch. 625, 62 Stat. 604, as amended, which is

classified principally to section 451 et seq. of Title 50,

Appendix, War and National Defense. For complete classification of

this Act to the Code, see References in Text note set out under

section 451 of Title 50, Appendix, and Tables.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-337 renumbered section 512 of this title as

this section.

1980 - Subsec. (a). Pub. L. 96-513 substituted ''the Military

Selective Service Act (50 U.S.C. App. 451 et seq.)'' for ''sections

451-473 of title 50, appendix'' wherever appearing.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

-CITE-

10 USC Sec. 12105 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1203 - ENLISTED MEMBERS

-HEAD-

Sec. 12105. Army Reserve and Air Force Reserve: transfer from Guard

components

-STATUTE-

(a) Under such regulations as the Secretary concerned may

prescribe -

(1) an enlisted member of the Army National Guard of the United

States may be transferred in grade to the Army Reserve; and

(2) an enlisted member of the Air National Guard of the United

States may be transferred in grade to the Air Force Reserve.

(b) Upon such a transfer, the member transferred is eligible for

promotion to the highest regular or reserve grade ever held by him

in the Army, if transferred under subsection (a)(1), or the Air

Force, if transferred under subsection (a)(2), if his service has

been honorable.

(c) A transfer under this section may only be made with the

consent of the governor or other appropriate authority of the State

concerned.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(b)(1), Oct.

5, 1994, 108 Stat. 2988.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3259 and 8259 of this title, prior to repeal by Pub. L.

103-337, Sec. 1662(b)(3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 32 section 323.

-CITE-

10 USC Sec. 12106 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1203 - ENLISTED MEMBERS

-HEAD-

Sec. 12106. Army and Air Force Reserve: transfer to upon withdrawal

as member of National Guard

-STATUTE-

(a) An enlisted member of the Army National Guard of the United

States who ceases to be a member of the Army National Guard becomes

a member of the Army Reserve unless he is also discharged from his

enlistment as a Reserve.

(b) An enlisted member of the Air National Guard of the United

States who ceases to be a member of the Air National Guard becomes

a member of the Air Force Reserve unless he is also discharged from

his enlistment as a Reserve.

(c) An enlisted member who becomes a member of the Army Reserve

or the Air Force Reserve under this section ceases to be a member

of the Army National Guard of the United States or the Air National

Guard of the United States, as the case may be.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(b)(1), Oct.

5, 1994, 108 Stat. 2989.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3260 and 8260 of this title, prior to repeal by Pub. L.

103-337, Sec. 1662(b)(3).

-CITE-

10 USC Sec. 12107 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1203 - ENLISTED MEMBERS

-HEAD-

Sec. 12107. Army National Guard of United States; Air National

Guard of the United States: enlistment in

-STATUTE-

(a) Except as provided in subsection (c), to become an enlisted

member of the Army National Guard of the United States or the Air

National Guard of the United States, a person must -

(1) be enlisted in the Army National Guard or the Air National

Guard, as the case may be;

(2) subscribe to the oath set forth in section 304 of title 32;

and

(3) be a member of a federally recognized unit or organization

of the Army National Guard or the Air National Guard, as the case

may be, in the grade in which he is to be enlisted as a Reserve.

(b)(1) Under regulations to be prescribed by the Secretary of the

Army, a person who enlists in the Army National Guard, or whose

term of enlistment in the Army National Guard is extended, shall be

concurrently enlisted, or his term of enlistment shall be

concurrently extended, as the case may be, as a Reserve of the Army

for service in the Army National Guard of the United States.

(2) Under regulations to be prescribed by the Secretary of the

Air Force, a person who enlists in the Air National Guard, or whose

term of enlistment in the Air National Guard is extended, shall be

concurrently enlisted, or his term of enlistment shall be

concurrently extended, as the case may be, as a Reserve of the Air

Force for service in the Air National Guard of the United States.

(c)(1) A member of the Army Reserve who enlists in the Army

National Guard in his reserve grade, and is a member of a federally

recognized unit or organization of the Army National Guard, becomes

a member of the Army National Guard of the United States and ceases

to be a member of the Army Reserve.

(2) A member of the Air Force Reserve who enlists in the Air

National Guard in his reserve grade, and is a member of a federally

recognized unit or organization of the Air National Guard, becomes

a member of the Air National Guard of the United States and ceases

to be a member of the Air Force Reserve.

-SOURCE-

(Added Pub. L. 103-337, div. A, title XVI, Sec. 1662(b)(1), Oct.

5, 1994, 108 Stat. 2989.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in

sections 3261 and 8261 of this title, prior to repeal by Pub. L.

103-337, Sec. 1662(b)(3).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 12102 of this title.

-CITE-

10 USC Sec. 12108 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle E - Reserve Components

PART II - PERSONNEL GENERALLY

CHAPTER 1203 - ENLISTED MEMBERS

-HEAD-

Sec. 12108. Enlisted members: discharge or retirement for years of

service or for age

-STATUTE-

Each reserve enlisted member of the Army, Navy, Air Force, or

Marine Corps who is in an active status and has reached the maximum

years of service or age prescribed by the Secretary concerned shall

-

(1) be transferred to the Retired Reserve if the member is

qualified for such transfer and does not request (in accordance

with regulations prescribed by the Secretary concerned) not to be

transferred to the Retired Reserve; or

(2) be discharged if the member is not qualified for transfer

to the Retired Reserve or has requested (in accordance with

regulations prescribed by the Secretary concerned) not to be so

transferred.

-SOURCE-

(Added Pub. L. 107-107, div. A, title V, Sec. 517(f)(1), Dec. 28,

2001, 115 Stat. 1095.)

-MISC1-

EFFECTIVE DATE

Section effective on the first day of the first month that begins

more than 180 days after Dec. 28, 2001, see section 517(g) of Pub.

L. 107-107, set out as an Effective Date of 2001 Amendment note

under section 10154 of this title.

-CITE-