10 USC § 12105 - Army Reserve and Air Force Reserve: transfer from Guard components

---
identifier: "/us/usc/t10/s12105"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 12105 - Army Reserve and Air Force Reserve: transfer from Guard components"
title_number: 10
title_name: "ARMED FORCES"
section_number: "12105"
section_name: "Army Reserve and Air Force Reserve: transfer from Guard components"
chapter_number: 1203
chapter_name: "ENLISTED MEMBERS"
part_number: "II"
part_name: "PERSONNEL GENERALLY"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 103–337, div. A, title XVI, § 1662(b)(1), Oct. 5, 1994, 108 Stat. 2988.)"
---


# § 12105. Army Reserve and Air Force Reserve: transfer from Guard components

**(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 Credit**: (Added Pub. L. 103–337, div. A, title XVI, § 1662(b)(1), Oct. 5, 1994, 108 Stat. 2988.)

## Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in sections 3259 and 8259 of this title, prior to repeal by .

## Statutory Notes and Related Subsidiaries

### Effective Date

Section effective , except as otherwise provided, see , set out as a note under .