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10 USC § 12106 - Army and Air Force Reserve: transfer to upon withdrawal as member of National Guard

---
identifier: "/us/usc/t10/s12106"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 12106 - Army and Air Force Reserve: transfer to upon withdrawal as member of National Guard"
title_number: 10
title_name: "ARMED FORCES"
section_number: "12106"
section_name: "Army and Air Force Reserve: transfer to upon withdrawal as member of National Guard"
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. 2989.)"
---

# § 12106. Army and Air Force Reserve: transfer to upon withdrawal as member of National Guard

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

## Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in sections 3260 and 8260 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 .