3.2a UCMJ | General Provisions – Chapter I

Article 2: Persons Subject to the UCMJ

All active duty members; retirees when entitled to pay; retirees of reserve components who are receiving hospitalization; reservists on active duty or inactive-duty training; National Guard when in Federal Service; persons serving a sentence imposed by court-martial

Article 3: Jurisdiction to Try Certain Personnel

A person commits a crime while subject to the UCMJ 

Later discharged or otherwise removed from orders

Can be recalled to duty to be prosecuted for the offense committed while on duty

Examples

  • Reserve component member who commits an offense while on active duty or inactive duty training
  • Person who fraudulently obtains discharge
  • Deserters