10 USC § 12404 - Army and Air National Guard of the United States: mobilization; maintenance of organization

---
identifier: "/us/usc/t10/s12404"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 12404 - Army and Air National Guard of the United States: mobilization; maintenance of organization"
title_number: 10
title_name: "ARMED FORCES"
section_number: "12404"
section_name: "Army and Air National Guard of the United States: mobilization; maintenance of organization"
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.)"
---


# § 12404. Army and Air National Guard of the United States: mobilization; maintenance of organization

During an initial mobilization, the organization of a unit of the Army National Guard of the United States or of the Air National Guard of the United States ordered into active Federal service shall, so far as practicable, be maintained as it existed on the date of the order to duty.

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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 3498 and 8498 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 .