10 USC § 12408 - National Guard in Federal service: physical examination

---
identifier: "/us/usc/t10/s12408"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 12408 - National Guard in Federal service: physical examination"
title_number: 10
title_name: "ARMED FORCES"
section_number: "12408"
section_name: "National Guard in Federal service: physical examination"
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. 2994; amended Pub. L. 104–201, div. A, title V, § 523, Sept. 23, 1996, 110 Stat. 2517.)"
---


# § 12408. National Guard in Federal service: physical examination

**(a)** Under regulations prescribed by the President, each member of the National Guard called into Federal service under section 12301(a), 12302, or 12304 of this title shall be examined as to physical fitness, without further commission or enlistment.

**(b)** Immediately before such a member is mustered out of Federal service, he shall be examined as to physical fitness. The record of this examination shall be retained by the United States.

---

**Source Credit**: (Added Pub. L. 103–337, div. A, title XVI, § 1662(f)(1), Oct. 5, 1994, 108 Stat. 2994; amended Pub. L. 104–201, div. A, title V, § 523, Sept. 23, 1996, 110 Stat. 2517.)

## Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in sections 3502 and 8502 of this title, prior to repeal by .

### Amendments

1996—Subsec. (a).  inserted “under section 12301(a), 12302, or 12304 of this title” after “called into Federal service”.

## Statutory Notes and Related Subsidiaries

### Effective Date

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