---
kind: "section"
citation: "10 U.S.C. § 12106"
title: "10"
title_heading: "Armed Forces"
number: "12106"
heading: "Army and Air Force Reserve: transfer to upon withdrawal as member of National Guard"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/12106"
units:
  - "Subtitle E — Reserve Components"
  - "Part II — Personnel Generally"
  - "Chapter 1203 — Enlisted Members"
---

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

- (a) 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) who ceases to be a member of the [Army National Guard](/usc/10/101.md?p=c-2) becomes a member of the Army [Reserve](/usc/10/101.md?p=c-6) unless he is also discharged from his enlistment as a [Reserve](/usc/10/101.md?p=c-6).
- (b) 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) who ceases to be a member of the [Air National Guard](/usc/10/101.md?p=c-4) becomes a member of the Air Force [Reserve](/usc/10/101.md?p=c-6) unless he is also discharged from his enlistment as a [Reserve](/usc/10/101.md?p=c-6).
- (c) An [enlisted member](/usc/10/101.md?p=b-6) who becomes a member of the Army [Reserve](/usc/10/101.md?p=c-6) or the Air Force [Reserve](/usc/10/101.md?p=c-6) under this section ceases to be a member of the [Army National Guard of the United States](/usc/10/101.md?p=c-3) or the [Air National Guard of the United States](/usc/10/101.md?p=c-5), 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.)

## Notes

### 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 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.
