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

10 U.S.C. § 12107

Army National Guard of United States; Air National Guard of the United States: enlistment in

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 10 CasesGoogle Scholar
(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.(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 3261 and 8261 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 6 cases, 2002–2011 · leading case: William A. Clark v. United States, 322 F.3d 1358 (Fed. Cir. 2003).
Sort: Relevance Newest Treatment
William A. Clark v. United States, 322 F.3d 1358 (Fed. Cir. 2003). · cites it 2× “10 U.S.C. § 12107 (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…”
Nelson v. Geringer, 295 F.3d 1082 (10th Cir. 2002). “When a person enlists in the Air National Guard, he must enlist in both a state ANG unit and the ANG of the United States, 10 U.S.C. § 12107 , and meet all federal qualifications for the ANG of the United States, 32 U.”
In Re Sealed Case, 551 F.3d 1047 (D.C. Cir. 2009). · cites it 2× “" 10 U.S.C. § 12107 (b)(1). Indeed, by its terms section 10107 confirms that non — federally activated guardsmen remain "members of the Army National Guard of the United States.”
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× “§ 12106 (b); 1 10 U.S.C. § 12107 (b)(2). 2 Because Zaputil was still in the Reserve, decisions and orders to recall her into the California Air National Guard necessarily implicate military decisions, affairs and discipline.”
Clark v. United States, 93 Fed. Cl. 756 (Fed. Cl. 2010). “10 U.S.C. § 12107 (b)(1) [(2003)] ("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…”
Clark v. United States, 656 F.3d 1317 (Fed. Cir. 2011). “10 U.S.C. § 12107 (b)(1). The trial court found that Clark was a member of a reserve component and held that § 206(d) barred him from receiving compensation.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.