---
kind: "section"
citation: "10 U.S.C. § 12105"
title: "10"
title_heading: "Armed Forces"
number: "12105"
heading: "Army Reserve and Air Force Reserve: transfer from Guard components"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/12105"
units:
  - "Subtitle E — Reserve Components"
  - "Part II — Personnel Generally"
  - "Chapter 1203 — Enlisted Members"
---

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

- (a) Under such regulations as the [Secretary concerned](/usc/10/101.md?p=a-9) may prescribe—
  - (1) an [enlisted member](/usc/10/101.md?p=b-6) of the [Army National Guard of the United States](/usc/10/101.md?p=c-3) may be transferred in [grade](/usc/10/101.md?p=b-7) to the Army [Reserve](/usc/10/101.md?p=c-6); and
  - (2) an [enlisted member](/usc/10/101.md?p=b-6) of the [Air National Guard of the United States](/usc/10/101.md?p=c-5) may be transferred in [grade](/usc/10/101.md?p=b-7) to the Air Force [Reserve](/usc/10/101.md?p=c-6).
- (b) Upon such a transfer, the member transferred is eligible for promotion to the highest [regular](/usc/10/101.md?p=b-12) or [reserve](/usc/10/101.md?p=c-6) [grade](/usc/10/101.md?p=b-7) ever held by him in the Army, if transferred under [subsection (a)(1)](#a-1), or the Air Force, if transferred under [subsection (a)(2)](#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](/usc/10/18232.md?p=1) concerned.

## Source credit

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

## Notes

### 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 Pub. L. 103–337, § 1662(b)(3).

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.