Page:United States Statutes at Large Volume 70A.djvu/237

179 179 not entitled, upon reenlistment, to the grade held by him when discharged. (f) This section does not deprive a person of any right to be reenlisted in the Regular Army under any other provision of law. § 3258. Regular Army: reenlistment after service as an officer Any former enlisted member of the Regular Army who has served on active duty as a reserve officer of the Army, or who was discharged as an enlisted member to accept a temporary appointment in the Army, is entitled to be reenlisted in the Regular Army in the enlisted grade that he held before his service as an officer, without loss of seniority or credit for service, if his service as an officer terminated honorably, and he applies for reenlistment within six months or such other period as the Secretary of the Army prescribes for exceptional circumstances after the termination of that service, regardless of the existence of a vacancy in his grade or of a physical disability incurred or having its inception in line of duty. § 3259. Army Reserve: transfer from Army National Guard of United States Under such regulations as the Secretary of the Army may prescribe and with the consent of the governor or other appropriate authority of the State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia, whichever is concerned, an enl isted member of the Army Ntitional Guard of the United States may be transferred in grade to the Army Reserve. Upon transfer, he is eligible for promotion to the highest regular or reserve grade ever held by him in the Army, if his service has been honorable. § 3260. Army Reserve: transfer to upon withdrawal as member of Army National Guard Unless discharged from his enlistment as a Reserve, an enlisted member of the Army National Guard of the United States who ceases to be a member of the Army National Guard becomes a member of the Army Reserve. A n enlisted member who so becomes a member of the Army Reserve ceases to be a member of the Army National Guard of the United States. § 3261. Army National Guard of United States (a) Except as provided in subsection (b), to become an enlisted member of the Army National Guard of the United States, a person must— (1) be enlisted in the Army National Guard; (2) subscribe to the oath set forth in section 304 of title 32; and (3) be a member of a federally recognized unit or organization of the Army National Guard in the grade in which he is to be enlisted as a Reserve. (b) A member of the Army Reserve who is enlisted in the Army National Guard in his reserve grade, and is a member of a federally recognized unit or organization thereof, becomes a memeber of the Army National Guard of the United States and ceases to be a member of the Army Reserve.

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