UNIFORM CODE OF MILITARY JUSTICE
(Title 10, ch. 47, United States Code)
SUBCHAPTER I--GENERAL PROVISIONS
§ 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 midshipmen.
(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 to which the United States is or may be a party
or to any accepted rule of
international law, persons serving with, employed by, or accompanying
the armed forces outside the United States and outside
the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(12) Subject
to any treaty or agreement to which the United States is or may be a party
or to any accepted rule of
international law, persons within an area leased by or otherwise reserved
or acquired for the use of the United States which is
under the control of the Secretary concerned and which is outside the
United States and outside 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 a 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 competency and minimum age qualifications of sections 504 and 505
of this title at the time of
voluntary submission 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
involuntarily for the purpose of -
(A) investigation under section 832 of this title (article 32);
(B) trial by court-martial; or
(C) nonjudicial 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 consisting 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)).
. . .
§ 805. Art. 5. Territorial applicability of this chapter
This chapter applies in all places.