U.S. Code » Title 10 » Subtitle Subtitle E— Reserve Components › Part PART II— PERSONNEL GENERALLY › Chapter CHAPTER 1203— ENLISTED MEMBERS

10 U.S.C. § 12106

Army and Air Force Reserve: transfer to upon withdrawal as member of National Guard

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(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.(Added Pub. L. 103–337, div. A, title XVI, § 1662(b)(1), Oct. 5, 1994, 108 Stat. 2989.)Editorial NotesPrior 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, § 1662(b)(3).

Statutory Notes and Related SubsidiariesEffective Date

Section 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.

Notes of Decisions
Cited in 1 case, 2003–2003 · leading case: Theresa M. Zaputil, an Individual v. Claiborne W. Cowgill Naj S. Negendram John Iffland Frances Connant Jean Halsell, Individuals, 335 F.3d 885 (9th Cir. 2003).
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Theresa M. Zaputil, an Individual v. Claiborne W. Cowgill Naj S. Negendram John Iffland Frances Connant Jean Halsell, Individuals, 335 F.3d 885 (9th Cir. 2003). · cites it 2× “See 10 U.S.C. § 12106 (b); 1 10 U.S.C. § 12107 (b)(2).”
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