---
kind: "section"
citation: "10 U.S.C. § 12212"
title: "10"
title_heading: "Armed Forces"
number: "12212"
heading: "Officers: Air National Guard of the United States"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/12212"
units:
  - "Subtitle E — Reserve Components"
  - "Part II — Personnel Generally"
  - "Chapter 1205 — Appointment of Reserve Officers"
---

# §12212. Officers: Air National Guard of the United States

- (a) Upon being federally recognized, an [officer](/usc/10/101.md?p=b-1) of the [Air National Guard](/usc/10/101.md?p=c-4) shall be appointed as a [Reserve](/usc/10/101.md?p=c-6) for service as a member of the [Air National Guard of the United States](/usc/10/101.md?p=c-5) in the [grade](/usc/10/101.md?p=b-7) that he holds in the [Air National Guard](/usc/10/101.md?p=c-4). However, an [officer](/usc/10/101.md?p=b-1) of the Air Force [Reserve](/usc/10/101.md?p=c-6) who is federally recognized as an [officer](/usc/10/101.md?p=b-1) of the [Air National Guard](/usc/10/101.md?p=c-4) becomes an [officer](/usc/10/101.md?p=b-1) of the [Air National Guard of the United States](/usc/10/101.md?p=c-5) and ceases to be an [officer](/usc/10/101.md?p=b-1) of the Air Force [Reserve](/usc/10/101.md?p=c-6). The acceptance of an appointment as a [Reserve](/usc/10/101.md?p=c-6) for service as a member of the [Air National Guard of the United States](/usc/10/101.md?p=c-5) by an [officer](/usc/10/101.md?p=b-1) of the [Air National Guard](/usc/10/101.md?p=c-4) does not vacate his office in the [Air National Guard](/usc/10/101.md?p=c-4).
- (b) When an [officer](/usc/10/101.md?p=b-1) of the [Air National Guard](/usc/10/101.md?p=c-4) to whom temporary Federal recognition has been extended is appointed as a [Reserve](/usc/10/101.md?p=c-6) for service as a member of the [Air National Guard of the United States](/usc/10/101.md?p=c-5), his appointment shall bear the date of the temporary recognition and shall be considered to have been accepted and effective on that date.
- (c) When the [Air National Guard of the United States](/usc/10/101.md?p=c-5) is ordered to [active duty](/usc/10/101.md?p=d-1), any [officer](/usc/10/101.md?p=b-1) of the [Air National Guard](/usc/10/101.md?p=c-4) who is not a [Reserve](/usc/10/101.md?p=c-6) of the Air Force may be appointed by the President as a [Reserve](/usc/10/101.md?p=c-6) for service as a member of the [Air National Guard of the United States](/usc/10/101.md?p=c-5) in the [grade](/usc/10/101.md?p=b-7) that he holds in the [Air National Guard](/usc/10/101.md?p=c-4).

## Source credit

(Aug. 10, 1956, ch. 1041, 70A Stat. 519, § 8351; renumbered § 12212, Pub. L. 103–337, div. A, title XVI, § 1662(c)(3), Oct. 5, 1994, 108 Stat. 2990; Pub. L. 104–106, div. A, title XV, § 1501(b)(13)(A), Feb. 10, 1996, 110 Stat. 496.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 8351(a)<br>8351(b)<br>8351(c) | 50:1113 (less (a)).<br>50:1115(a) (last 39 words).<br>50:1114 (2d sentence).<br>50:1123 (less (a)). | July 9, 1952, ch. 608, §§ 703 (less (a)), 704 (2d sentence), 705(a) (last 39 words), 713 (less (a)), 66 Stat. 502–504. |

In subsection (a), the words “as a Reserve” are substituted for the words “as Reserve officers of the appropriate Armed Force of the United States” and “as a Reserve officer of the Armed Force of the United States concerned” in 50:1113(b). The words “federally recognized appointments” and “in the same grade and branch”, in 50:1113(b), are omitted as surplusage. The words “those officers who do not hold appointments as reserve officers of the appropriate Armed Force of the United States”, in 50:1113(b), are omitted as covered by the second sentence of the revised subsection.

In subsection (c), the words “active duty” are substituted for the words “active military service of the United States”. The words “and branch” are omitted as surplusage. The words “of the Air National Guard of the United States” are inserted for clarity.

### Editorial Notes

### Amendments

1996—Pub. L. 104–106 inserted “the” after “National Guard of” in section catchline.

1994—Pub. L. 103–337 renumbered section 8351 of this title as this section.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1996 Amendment

Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title.