UCMJ 802. ART. 2. PERSONS SUBJECT TO THIS CHAPTER
(a)
The following persons are subject to this chapter:
(1) Members of a regular component of the armed forces,
including those awaiting
discharge after expiration of their terms of enlistment; volunteers from the time
of their
muster or acceptance into the armed forces; inductees from the time of their actual
induction
into the armed forces; and other persons lawfully called or ordered into, or to
duty in or for training
in the armed forces, from the dates when they are required by the
terms of the call or order to obey it.
(2) Cadets, aviation cadets, and midshipman.
(3) Members of a reserve component while on inactive-duty
training, but in the case of
members of the Army National Guard of the United States or the Air National
Guard of
the United States only when in Federal Service.
(4) Retired members of a regular
component of the armed forces who are entitled to pay.
(5) Retired members of a reserve component who are
receiving hospitalization from an
armed force.
(6) Members of the Fleet Reserve and
Fleet Marine Corps Reserve.
(7) Persons in custody of the armed forces serving a sentence imposed by a
court-martial.
(8) Members of the National Oceanic and Atmospheric Administration, Public Health
Service, and other organizations, when assigned to and serving with the armed forces.
(9)
Prisoners of war in custody of the armed forces.
(10) In time of war, persons serving with or accompanying
an armed force in the field.
(11) Subject to any treaty or agreement which the United States is or may
be a party to any
accepted rule of international law, persons serving with, employed by, or accompanying
the
armed forces outside the United States and outside the Canal Zone, the Commonwealth of
Puerto
Rico, Guam, and the Virgin Islands.
(12) Subject to any treaty or agreement which the United States is
or may be a party to any
accepted rule of international law, persons within an area leased by or otherwise
reserved
or acquired for use of the United States which is under the control of the Secretary
concerned
and which is outside the United States and outside the Canal Zone, the
Commonwealth of Puerto Rico, Guam,
and the Virgin Islands.
(b) The voluntary enlistment of any person who has the capacity to understand the
significance of enlisting in the armed forces shall be valid for purposes of jurisdiction under
subsection
(a) and change of status from civilian to member of the armed forces shall be
effective upon the taking
of the oath of enlistment.
(c) Notwithstanding any other provision of law, a person serving with an armed
force who--
(1) Submitted voluntarily to military authority;
(2) met the mental competence
and minimum age qualifications of sections 504 and 505 of
this title at the time of voluntary submissions
to military authority:
(3) received military pay or allowances; and
(4) performed military
duties: is subject to this chapter until such person's active service
has been terminated in accordance
with law or regulations promulgated by the Secretary
concerned.
(d)
(1)
A member of a reserve component who is not on active duty and who is made the
subject of proceedings under
section 815 (article 15) or section 830 (article 30) with respect
to an offense against this chapter may
be ordered to active duty involuntary for the
purpose of--
(A) investigation under section
832 of this title (article 32);
(B) trial by court-martial; or
(C) non judicial punishment
under section 815 of this title (article 15).
(2) A member of a reserve component may not be ordered to
active duty under paragraph
(1) except with respect to an offense committed while the member was
(A) on active duty; or
(B) on inactive-duty training, but in the case of members of the Army
National Guard of
the United States or the Air National Guard of the United States only when in Federal
service.
(3) Authority to order a member to active duty under paragraph (1) shall be exercised
under regulations prescribed by the President.
(4) A member may be ordered to active duty
under paragraph (1) only by a person
empowered to convene general courts-martial in a regular component
of the armed forces.
(5) A member ordered to active duty under paragraph (1), unless the order to active
duty
was approved by the Secretary concerned, may not--
(A) be sentenced to confinement;
or
(B) be required to serve a punishment of any restriction on liberty during a period other
than
a period of inactive-duty training or active duty (other than active duty ordered under
paragraph (1)).