---
kind: "section"
citation: "10 U.S.C. § 12408"
title: "10"
title_heading: "Armed Forces"
number: "12408"
heading: "National Guard in Federal service: physical examination"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/12408"
units:
  - "Subtitle E — Reserve Components"
  - "Part II — Personnel Generally"
  - "Chapter 1211 — National Guard Members in Federal Service"
---

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

- (a) Under regulations prescribed by the President, each member of the [National Guard](/usc/10/101.md?p=c-1) called into Federal service under section [12301(a)](/usc/10/12301.md?p=a), [12302](/usc/10/12302.md), or [12304](/usc/10/12304.md) 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](/usc/10/101.md?p=a-1).

## 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.)

## Notes

### 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 Pub. L. 103–337, § 1662(f)(2).

### Amendments

1996—Subsec. (a). Pub. L. 104–201 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 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.