---
kind: "section"
citation: "10 U.S.C. § 12107"
title: "10"
title_heading: "Armed Forces"
number: "12107"
heading: "Army National Guard of United States; Air National Guard of the United States: enlistment in"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/12107"
units:
  - "Subtitle E — Reserve Components"
  - "Part II — Personnel Generally"
  - "Chapter 1203 — Enlisted Members"
---

# §12107. Army National Guard of United States; Air National Guard of the United States: enlistment in

- (a) Except as provided in [subsection (c)](#c), to become 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) or the [Air National Guard of the United States](/usc/10/101.md?p=c-5), a person must—
  - (1) be enlisted in the [Army National Guard](/usc/10/101.md?p=c-2) or the [Air National Guard](/usc/10/101.md?p=c-4), as the case may be;
  - (2) subscribe to the oath set forth in [section 304 of title 32](/usc/32/304.md); and
  - (3) be a member of a federally recognized unit or organization of the [Army National Guard](/usc/10/101.md?p=c-2) or the [Air National Guard](/usc/10/101.md?p=c-4), as the case may be, in the [grade](/usc/10/101.md?p=b-7) in which he is to be enlisted as a [Reserve](/usc/10/101.md?p=c-6).
- (b)
  - (1) Under regulations to be prescribed by the [Secretary](/usc/10/12521.md?p=4) of the Army, a person who enlists in the [Army National Guard](/usc/10/101.md?p=c-2), or whose term of enlistment in the [Army National Guard](/usc/10/101.md?p=c-2) is extended, shall be concurrently enlisted, or his term of enlistment shall be concurrently extended, as the case may be, as a [Reserve](/usc/10/101.md?p=c-6) of the Army for service in the [Army National Guard of the United States](/usc/10/101.md?p=c-3).
  - (2) Under regulations to be prescribed by the [Secretary](/usc/10/12521.md?p=4) of the Air Force, a person who enlists in the [Air National Guard](/usc/10/101.md?p=c-4), or whose term of enlistment in the [Air National Guard](/usc/10/101.md?p=c-4) is extended, shall be concurrently enlisted, or his term of enlistment shall be concurrently extended, as the case may be, as a [Reserve](/usc/10/101.md?p=c-6) of the Air Force for service in the [Air National Guard of the United States](/usc/10/101.md?p=c-5).
- (c)
  - (1) A member of the Army [Reserve](/usc/10/101.md?p=c-6) who enlists in the [Army National Guard](/usc/10/101.md?p=c-2) in his [reserve](/usc/10/101.md?p=c-6) [grade](/usc/10/101.md?p=b-7), and is a member of a federally recognized unit or organization of the [Army National Guard](/usc/10/101.md?p=c-2), becomes a member of the [Army National Guard of the United States](/usc/10/101.md?p=c-3) and ceases to be a member of the Army [Reserve](/usc/10/101.md?p=c-6).
  - (2) A member of the Air Force [Reserve](/usc/10/101.md?p=c-6) who enlists in the [Air National Guard](/usc/10/101.md?p=c-4) in his [reserve](/usc/10/101.md?p=c-6) [grade](/usc/10/101.md?p=b-7), and is a member of a federally recognized unit or organization of the [Air National Guard](/usc/10/101.md?p=c-4), becomes a member of the [Air National Guard of the United States](/usc/10/101.md?p=c-5) and ceases to be a member of the Air Force [Reserve](/usc/10/101.md?p=c-6).

## 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 3261 and 8261 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.