Uniform Code of Military Justice (UCMJ)
Who Falls Under the UCMJ
Who is subject to the Uniform Code of Military Justice? Article Two of the UCMJ explains fully who fall under the laws / rules of military legal system.
Here is the quick reference list:
1 - Active Duty Military (including newly sworn in trainees)
2 - Cadets and Midshipmen in officer training programs (OCS, ROTC, Service Academies)
3 - Military Reservist and National Guard
4 - Retirees
5 - Members of Fleet Reserve / USMC Fleet Reserves
6 - Persons in military jail serving a sentence from Court Martial
7 - Members of the National Oceanic and Atmospheric Administration, Public Health Service
8 - Prisoners of War in US Custody
9 - Persons accompanying military (contractors / DOD civilian personnel) overseas outside of the United States and Territories.
For more specific details, read the section below for Article 2 of the Uniform Code of Military Justice.
Details of Those Who Fall Under the Military Legal System
(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 declared war or a contingency operation, 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.
What is Serving With Military Personnel?
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. 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.
(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--
(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
(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) 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).
- (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.
- (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)).