10 USC § 12402 - Army and Air National Guard of the United States: commissioned officers; duty in National Guard Bureau

---
identifier: "/us/usc/t10/s12402"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 12402 - Army and Air National Guard of the United States: commissioned officers; duty in National Guard Bureau"
title_number: 10
title_name: "ARMED FORCES"
section_number: "12402"
section_name: "Army and Air National Guard of the United States: commissioned officers; duty in National Guard Bureau"
chapter_number: 1211
chapter_name: "NATIONAL GUARD MEMBERS IN FEDERAL SERVICE"
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(f)(1), Oct. 5, 1994, 108 Stat. 2993; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(18)(B), Feb. 10, 1996, 110 Stat. 497.)"
---


# § 12402. Army and Air National Guard of the United States: commissioned officers; duty in National Guard Bureau

**(a)** The President may, with their consent, order commissioned officers of the Army National Guard of the United States and the Air National Guard of the United States to active duty in the National Guard Bureau.

**(b)**

**(1)** The number of officers of the Army National Guard of the United States in grades below brigadier general who are ordered to active duty in the National Guard Bureau may not be more than 40 percent of the number of officers of the Army authorized for duty in that Bureau and, to the extent practicable, shall not exceed 40 percent of the number of officers of the Army serving in that Bureau in any grade below brigadier general.

**(2)** The number of officers of the Air National Guard of the United States in grades below brigadier general who are ordered to active duty in the National Guard Bureau may not be more than 40 percent of the number of officers of the Air Force authorized for duty in that Bureau and, to the extent practicable, shall not exceed 40 percent of the number of officers of the Air Force serving in that Bureau in any grade below brigadier general.

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**Source Credit**: (Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2993; amended Pub. L. 104–106, div. A, title XV, § 1501(b)(18)(B), Feb. 10, 1996, 110 Stat. 497.)

## Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in sections 3496 and 8496 of this title, prior to repeal by .

### Amendments

1996— inserted “the” in section catchline.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1996 Amendment

Amendment by  effective as if included in the Reserve Officer Personnel Management Act, title XVI of , as enacted on , see , set out as a note under .

### Effective Date

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