Are Reserves subject to UCMJ when not on duty?

GySgt Private RallyPoint Member — Wed, 19 Mar 2014 17:43:55 -0400

I separated from active duty almost 2 months ago and now I am in the Select Marine Corps Reserve (SMCR).  Still with an active duty mindset and understanding of rules and regulations for active duty Marines, I am slowly learning about the differences between active duty and reserves.  I was told and unable to locate this in documentation that reservists outside of obligated drill cannot be held responsible under the UCMJ.  Is this true that reservists if in trouble with the law outside of their obligated drill times that it has no affect on their Marine Corps career?  If I were to be busted for marijuana possession and was given a misdemeanor charge outside of drill, that couldn't be held against me in the Corps?  <div><br></div><div>This is a hard thing for me to believe.  I was exposed to this on my second drill where we had an issue in similarity come up, is this true?  I'm still practicing "you're a Marine 24/7" but I guess that isn't the case with reservists.  </div>

Response by SSG Private RallyPoint Member made Mar 19 at 2014 5:54 PM

SSG Private RallyPoint Member — Wed, 19 Mar 2014 17:54:20 -0400

According to Article 2 of the UCMJ reservists are only subject to the UCMJ while on IDT duty, or if they get federalized. <br><br>Any other than they are considered non-military and would be punished under civilian law.<br>

Response by MSgt Private RallyPoint Member made Mar 26 at 2014 3:44 PM

MSgt Private RallyPoint Member — Wed, 26 Mar 2014 15:44:14 -0400

Great questions SSgt.  I recetnly looked into this myself.  17+ years in the Marine Corps and I was unaware of this.  I was at a county fair this summer and spotted a Marine by the wear of his PT jacket.  As this is authorized it was enough to put the high and tight and jacket together to know he had to be a Marine.  As he came closer I noticed a full beard.  As you can imagine I went high and to the right on him, kicked him out of the fair and sent him to to shave.  I collected his information and called the I & I 1Sgt the following Monday.  Needless to say this is when I learned that it is ok while not at drill.  It really blows my mind as I also believe regardless of active or reserve a Marine is a Marine 24/7.  Great topic and Semper Fi

Response by 1LT Nick Kidwell made Aug 22 at 2014 9:01 PM

1LT Nick Kidwell — Fri, 22 Aug 2014 21:01:37 -0400

I do not know about the Marine Corps Reserve, but when I was in the ARNG, unless something happened on orders (Drill, AT, Title-32, Title-10, etc) or the evidence of it was discovered on orders (such as a hot UA), then UCMJ had no weight.

Now if the local LEO and commanders were smart and communicated, knowledge of prosecutable wrongdoing off duty was relayed to the proper authorities.

Response by MSgt Private RallyPoint Member made Aug 26 at 2014 2:58 AM

MSgt Private RallyPoint Member — Tue, 26 Aug 2014 02:58:39 -0400

While it is not the case with every Marine, any Marine with a security clearance must inform their security officer of any Financial Difficulties, Security Violations, Illegal Drug Use or Arrests/Lawsuits including reservists. This makes it easy to separate them, but I've heard of other Reserve units having difficulties separating Marines that have popped on urinalysis because they cannot determine if the Marine used while they were subject to the UCMJ. The MCRAMM (get to know it well) states clearly on which status Reserve Marines will be under the UCMJ, but doesn't shed light on any situations similar to the one you presented.

For the grooming standards listed below, we have our Marines sign an agreement that anytime they are representing themselves as a Marine, they must adhere to the proper grooming standards, going on to base or I&I office off of drill time or anything that presents them as a Marine, publicly. I'm not sure if you can get your Marines to sign such a document to hold them accountable, but you may be able to try. Should any of their activity negatively affect their obligations to the USMCR, make sure to document it. I'm not sure if you know that a Marine has to be UA for 9 drill periods to start the separations process.

Whether on drill or not, every Marine should uphold a higher level of professionalism than expected of them.

Response by LtCol Private RallyPoint Member made Oct 16 at 2014 3:56 PM

LtCol Private RallyPoint Member — Thu, 16 Oct 2014 15:56:23 -0400

From the MCRAM (p. 10-2):
4. To be "subject to the UCMJ", the reservist must be either:
a. On active duty or ADT, as defined in paragraph 10300, or
b. On IDT, as defined in paragraph 10400.

Response by GySgt Private RallyPoint Member made Oct 16 at 2014 5:03 PM

GySgt Private RallyPoint Member — Thu, 16 Oct 2014 17:03:35 -0400

Right there with you SSgt. I did exactly what you are doing to go back to school. Ironically I showed up to my new unit the same day a Sgt I knew from Active Duty showed up. Kinda of crazy. But same thing. I got a speeding ticket two days after my first drill. From normal routine I called my SSgt and his response "what are you telling me for." was a little surprised and explained to him about the blotter and passing things like that up the chain of command.

Shortly after this instance a Marine of mine got a DUI the weekend before drill. He was honest and told me. I inquired with my chain of command about a DUI outside of the drill period and they said it wasn't an issue.

I still find myself wondering how the reserves functions in comparison to the active duty component sometimes. I feel knuckle heads are higher in numbers and you are limited on how you can enforce discipline as you usually only have 2 days to do it. The reserves definitely isn't for everyone and I find myself wishing I was active again. I had met the I&I 1st Sgt at a function about 6 months before I joined the unit and he made me promise to at least give it a few months-its been almost two years now. The leadership definitely likes having active duty Marines around so that helps you out and our experiences and standards will only help make our units better.

Best advice keep a open mind.

Response by LTC Yinon Weiss made Jan 21 at 2015 10:08 PM

LTC Yinon Weiss — Wed, 21 Jan 2015 22:08:54 -0500

I was surprised to learn this as well, but no, reserve component members are not subject to UCMJ unless they are on duty (drill, etc.). Also, National Guard members are not subject to UCMJ at all unless they are on Federal service, and instead they are subject to the State Code of Military Justice (which is often similar to UCMJ but not identical).

http://usmilitary.about.com/od/punitivearticles/a/ucmjsubject.htm

Response by COL Charles Williams made Feb 18 at 2015 10:45 AM

COL Charles Williams — Wed, 18 Feb 2015 10:45:15 -0500

UCMJ, by my understanding as a former MP and Commander at Company, Battalion, and Brigade only applies to Active Duty Service Members, and Reserve Component Soldiers who are are in a Active Duty for Training (ADT), or who are federally mobilized. Drill, AT, and mobilization. That is my understanding as of 31 Jan 13 when I retired. But, I know the rules (MCM - UCMJ) change often, so whenever have a question about the UCMJ you should ask a military attorney/SJA/JAG.

Response by LTC Mathew Beckstead made Feb 19 at 2015 4:12 PM

LTC Mathew Beckstead — Thu, 19 Feb 2015 16:12:04 -0500

This is correct, but urinalysis is still in effect and a useful tool for units discipline where drugs are a problem.

Response by LTC Private RallyPoint Member made Feb 19 at 2015 4:16 PM

LTC Private RallyPoint Member — Thu, 19 Feb 2015 16:16:56 -0500

Civilian offenses can effect a Servicemember's clearance. Thus, civilian offenses can/do affect the career. The UCMJ just doesnt often come into play.

Response by LTC Private RallyPoint Member made Aug 5 at 2015 8:01 PM

LTC Private RallyPoint Member — Wed, 05 Aug 2015 20:01:15 -0400

Another interesting distinction is retirees. A retiree from a regular component is subject to the UCMJ. However a retiree from a reserve component (regardless of whether he/she is drawing pay) is not subject unless riding a military aircraft (ie space A) or hospitalized in a military hospital. I find that interesting.

Response by PO1 Private RallyPoint Member made Oct 17 at 2015 2:48 AM

PO1 Private RallyPoint Member — Sat, 17 Oct 2015 02:48:10 -0400

Totally depends on what it is. Something like drugs or a DUI will effect your security clearance, in turn taking you away from you Job. This like hygiene and clothing wear ie; having a beard, long hair, no collared shirt, not being snowed to travel to Tijuana if in SD...all that is out the door

Response by LT Lan Julie Zhu made Oct 15 at 2016 8:28 PM

LT Lan Julie Zhu — Sat, 15 Oct 2016 20:28:38 -0400

You seem to have a very difficult time in understanding the concept of a part time commitment equals only part time control. If people wanted to give the military full control over their lives and behaviors, 24 / 7 / 365, they would have enlisted in the active duty components. But under well-established US Supreme Court law, the UCMJ, and Army regs (Navy, Marine, etc), the military has only very limited control over what the reserves do, and that is only limited to the time in which you are on the clock.

If you have still having trouble with your "active duty mind set" and your obvious failure to adapt to the reserve lifestyle, might I suggest mental health counseling so you do not continue to suffer from anxiety.

Response by MSgt Roger Settlemyer made Oct 24 at 2016 3:39 AM

MSgt Roger Settlemyer — Mon, 24 Oct 2016 03:39:18 -0400

Being On Both Sides Of The House, Remember in the Reserves they only see you one weekend a month, and two weeks in the summer. It goes something like this, Sgt Smith, Oh Ya isn't he the one who punched out cop in a bar fight ! Ya I read it in the paper. (Sgt Smith is a Terminal Sgt.} They Never Forget. They only see you a short time.

Response by PO2 Sybil "TT" I. made Nov 3 at 2016 4:07 AM

PO2 Sybil "TT" I. — Thu, 03 Nov 2016 04:07:05 -0400

There may be exceptions or rules/laws in place for a reservists to ultimately avoid being busted by the military for civilian troubles. Regardless, at the end of the day... a Reservist even an Inactive Ready Reservist (IRR) "is" on a signed contract, drilling or not, and can be called in for all manner of reasons. There is 'alot' of room for a unit commander to at least mess with/inconvience a guy if s/he wants too. I've seen it, and so I'd be careful...

Response by SPC Michael Ramirez made Apr 3 at 2017 3:42 PM

SPC Michael Ramirez — Mon, 03 Apr 2017 15:42:25 -0400

I'm a Army Reservist and I was arrested for aggravated assault with a deadly weapon and injury to child. I was incarcerated for 7 months on the civilian side. My unit never said anything about it other than I'm unstat for missing drill. Long story short I'm still waiting for court and big Army from Fort Knox came down talked to a group of us for missing drill and erased 20+ MUTA'S which brought me down to 8 and started my IRR packet because I wanted to get out. I could stay in I just can't miss anymore drills until next year.

Response by CDR Robert Osburn made Apr 4 at 2017 6:54 PM

CDR Robert Osburn — Tue, 04 Apr 2017 18:54:43 -0400

Civil offenses can affect reserve members. If they are caught with Marijuana between drills, you can give then a drug test on drill. If they pop positive they're gone. Also, had an E7 go to a civilian jail. He missed multiple drills and we processed him out. He had 18 years.

Response by SFC Bob Laverick made Apr 5 at 2017 10:35 AM

SFC Bob Laverick — Wed, 05 Apr 2017 10:35:42 -0400

His violation could have been used as reasonable cause for the commander to order a urinalysis. If he tests positive he is subject to UCMJ.

Response by CW2 Ernest Krutzsch made Apr 9 at 2017 11:16 AM

CW2 Ernest Krutzsch — Sun, 09 Apr 2017 11:16:37 -0400

However, if his duty requires a Security Clearance, criminal or civil law violations could adversely affect them

Response by MSgt Private RallyPoint Member made Apr 9 at 2017 11:21 AM

MSgt Private RallyPoint Member — Sun, 09 Apr 2017 11:21:07 -0400

There is something to be said about an individual who does not take their representation of the military seriously when not on duty; regardless of their status.

Response by TSgt Tommy Amparano made Apr 9 at 2017 11:59 AM

TSgt Tommy Amparano — Sun, 09 Apr 2017 11:59:12 -0400

Just remember even though you cannot be punished under ucmj for cuvillian, you can still be punished for off duty use if you fail a urinalysis.

Response by SGT Louise Hawthorne made Apr 9 at 2017 7:08 PM

SGT Louise Hawthorne — Sun, 09 Apr 2017 19:08:47 -0400

The United States is currently in a state of war. That means ALL Military personnel are subject to recall at any time.
Consider yourself as active duty.

Response by SPC Kortney Kistler made Apr 9 at 2017 8:44 PM

SPC Kortney Kistler — Sun, 09 Apr 2017 20:44:19 -0400

It's been a while, but in the USAR the only thing that they used to be able to do was take away your pay. Saturday and Sunday drill was considered 4 UTAs. If you did something wrong they would mark one or more of the UTAs with a U(unsatisfactory) and keep your pay. 9 U's in a year were grounds for discharge. You can get U's for missing drill unexcused.

Response by Sgt Joseph Baker made Apr 10 at 2017 12:45 PM

Sgt Joseph Baker — Mon, 10 Apr 2017 12:45:59 -0400

This is true, however it doesn't mean there will not be repercussions. For example, let us say someone becomes aware of a fellow service member using drugs when off duty. If they report this, one can be assured they will be selected for a 'Random' drug screen at their next drill.

Response by SFC Private RallyPoint Member made Jul 3 at 2017 10:27 PM

SFC Private RallyPoint Member — Mon, 03 Jul 2017 22:27:09 -0400

Yes

Response by SGT Private RallyPoint Member made Jul 26 at 2017 3:49 PM

SGT Private RallyPoint Member — Wed, 26 Jul 2017 15:49:51 -0400

For guard and reserve it is my understanding they are only subject to UCMJ on drill and AT. However, if you are guard or reserve in Alabama we have ACMJ (Alabama Code of Military Justice), which is a mirror version of the UCMJ, except we can charge a SM regardless of the status (again as I understand it). If the state you are in has something to this effect then that could help, but it is still somewhat new in Alabama and is mainly used to allow them to do Article 15's instead of counseling statements. You may want to check with a JAG officer about it and see what they say. I know I have also seen SM get in trouble for civilian things done off duty with the statement of you are a Soldier 24/7, uniform or now.

Response by SFC Christopher Taggart made Jul 26 at 2017 10:03 PM

SFC Christopher Taggart — Wed, 26 Jul 2017 22:03:54 -0400

To make it easier on yourself, instead of trying to decide what I can do and not do, keep the mind-set, as you're already doing, "you're a Marine 24/7"...it'll make life easier, both in the military world and civilian world, because one will affect the other, and visa-versa.

Response by LTC Thomas Tennant made Jul 27 at 2017 10:42 AM

LTC Thomas Tennant — Thu, 27 Jul 2017 10:42:19 -0400

Good question. My short answer is that in theory yes, but as a practical matter no.

Response by MSG Private RallyPoint Member made Sep 25 at 2017 4:35 PM

MSG Private RallyPoint Member — Mon, 25 Sep 2017 16:35:38 -0400

I guess old timers can also learn ....... I always thought, high and tight 24/7... MSG Feher...

Response by SGT Lance-andAngela Mendoza made Sep 26 at 2017 10:48 AM

SGT Lance-andAngela Mendoza — Tue, 26 Sep 2017 10:48:07 -0400

There is the catch all though, "conduct unbecoming."

Response by Sgt Derrick Anderson made Sep 26 at 2017 8:50 PM

Sgt Derrick Anderson — Tue, 26 Sep 2017 20:50:44 -0400

Response by SGT Private RallyPoint Member made Sep 26 at 2017 11:28 PM

SGT Private RallyPoint Member — Tue, 26 Sep 2017 23:28:59 -0400

In the Army National Guard, each state has implemented it's own version of the UCMJ. A soldier not in a drill status, can still be prosecuted under military law, even not being in a drill status. It covers us 24/7. The difference between the two of them, Guard is State and Reserves are federal. Hope this helps.

Response by SP5 Tim Fenoglia made Sep 27 at 2017 9:02 AM

SP5 Tim Fenoglia — Wed, 27 Sep 2017 09:02:56 -0400

Know the difference between title 10 and title 13 first. Don't do anything stupid and
don't worry about it.

Response by SSG Private RallyPoint Member made Sep 27 at 2017 9:14 AM

SSG Private RallyPoint Member — Wed, 27 Sep 2017 09:14:28 -0400

There are some actions outside of drill that if arrested can have consequences on your military career. I know of a very good Staff Sergeant who was arrested for a DUI and weapons possession that cost that soldier their security clearance and a promotion to SFC. It also cost them their job with the DOD as a miltech.

Response by Maj Wm Franklin made Sep 27 at 2017 10:07 AM

Maj Wm Franklin — Wed, 27 Sep 2017 10:07:52 -0400

Only in the fact that crimes committed as a civilian can effect there security clearance.

Response by CPT Private RallyPoint Member made Sep 27 at 2017 10:22 AM

CPT Private RallyPoint Member — Wed, 27 Sep 2017 10:22:37 -0400

True on applicability of UCMJ. In the context of drug use you really have a dilemma of trying to prove consumption while in a duty status. That's generally impossible for a UCMJ prosecution.

What you can do (and it is mandatory) is initiate separation for drug use.

Response by CPT Private RallyPoint Member made Sep 27 at 2017 10:33 AM

CPT Private RallyPoint Member — Wed, 27 Sep 2017 10:33:35 -0400

So National Gurad is slightly different when drilling each state has a Sate UCMJ governs the Soldiers. When on federal orders guard reserve is subject to UCMJ. That being said things like positive drug tests or drug violations are subject to state UCMJ because essentially it effects unit readiness. Things like fraternization between rules are also subject because of affecting good morale and discipline within the unit. Any investigation by civilian law enforcement initiate the flag on the Soldiers so that they cannot reenlist receive Awards, promotions, tuition assistance until the investigation is resolved. A conviction can have an adverse impact on your security clearance or your military divers license as that is a commanders discretion. any loss of driver's license could lead to being none MOSQ since a civilian drivers license is required to operate military vehicles and is required for certain MOS like 12N.

Response by SGT Dave Scott made Sep 27 at 2017 1:35 PM

SGT Dave Scott — Wed, 27 Sep 2017 13:35:49 -0400

I was an Army MP and MP Investigator, both Regular Army and National Guard. The UCMJ is a tricky beast, but only applies to service members in active federal service. And interestingly, the accused's commander and the needs of the service wholly determine the course of any UCMJ action.

Response by PVT David Racette made Sep 27 at 2017 1:51 PM

PVT David Racette — Wed, 27 Sep 2017 13:51:48 -0400

your a civilian ,nonlonger under UCMJ ,

Response by CW3 Jim Ramge made Sep 27 at 2017 4:59 PM

CW3 Jim Ramge — Wed, 27 Sep 2017 16:59:16 -0400

When I was in Saudi a retired SMG was called back to active duty, while he was working for a US contractor. Seems he was the primary suspect in his wife's murder. He was returned to the US.

How's this one? You are 100% DAV., and you smoke Mary Jane for pain in a state that it's permitted. VA wants a drug test and you flunk. You bought it from a civilian though it was prescribed. You broke federal law... bye bye disability.

Response by SFC Private RallyPoint Member made Sep 27 at 2017 6:29 PM

SFC Private RallyPoint Member — Wed, 27 Sep 2017 18:29:07 -0400

This is true, its even weirder for Soldiers in the National Guard. Soldiers in the National Guard are not under federal control, the Governor of their state is their Commander in Chief, and thus are not subject to federal rules and regulations, however, they are subject to the rules and regulations of the state they belong to. Those rules, regulations and state laws mirror and or exceed the measures imposed on federal Soldiers. State laws which cover such offenses as being AWOL from unit drill assemblies could enable the unit commander to swear out a warrant and have the sheriff arrest the offending individual and hold them over until a representative of the unit arrives to take custody of the Soldier or a Judge imposes disposition. In Virginia its a misdemeanor offense. If the President federalizes the National Guard and the Soldier is on federal orders then that Soldier is then subject to the UCMJ. Retirees are civilians and therefore not subject to the UCMJ. However, they can be recalled and prosecuted for offenses committed while on active duty if there is not statute of limitations prohibiting prosecution. Offenses such as murder or other war crimes are an example.

Response by PO1 Bob Klinger made Sep 27 at 2017 8:17 PM

PO1 Bob Klinger — Wed, 27 Sep 2017 20:17:20 -0400

My squadron had a couple of reservists get dui's on drill weekend. All were 'let go' and had to deal with it on the civilian side.

Response by SSG Private RallyPoint Member made Sep 27 at 2017 10:41 PM

SSG Private RallyPoint Member — Wed, 27 Sep 2017 22:41:00 -0400

While you aren't subject to UCMJ you can face administrative action such as being chaptered out of the service. At least that's how things work in the Army Reserve

Response by Cpl Charles Harden made Sep 28 at 2017 7:22 AM

Cpl Charles Harden — Thu, 28 Sep 2017 07:22:20 -0400

I would say yes. I remember when I was in and active duty. The reserves would come to Camp Lejeune and did not look like Marines. Their hair was not as of military, they had mustaches out of order, they goat tees. At first we thought some bums had come in on the base and was trying to mess with our shit. We almost started a fight. It turned out these guys were doing their two week training session and were reservist. Needless to say we were pissed, and the left our equipment filthy. So I say YES if you are military look like it more so when it come to the Marines.

Response by SP5 Laura Miller made Sep 28 at 2017 7:44 AM

SP5 Laura Miller — Thu, 28 Sep 2017 07:44:27 -0400

Yes

Response by CPL David Martin made Sep 28 at 2017 12:57 PM

CPL David Martin — Thu, 28 Sep 2017 12:57:48 -0400

Once a Marine
Always a Marine

Response by MAJ Private RallyPoint Member made Sep 28 at 2017 2:57 PM

MAJ Private RallyPoint Member — Thu, 28 Sep 2017 14:57:48 -0400

Many active duty military misunderstand this. It is simply a matter of legal status. UCMJ only applies to people on USC Title 10 active duty orders. Title 10 is the law that gives the active duty military it authority and it's very existence. To subject someone to a law that they do not fall under would be unconstitutional. Reserve personnel fall under Title 10 only on orders but are always subject to civilian law, regardless of duty status, just as active duty military are. National Guard forces are similar except that their existence and authority is derived from Title 32 which only authorizes them to operate under the authority of their state or territorial governor. Unless they are federalized under Title 10 for training, mobilization, or by presidential or Congressional decree, they are exempt from UCMJ. However, many states have their own code of military justice that can be used against a service member while on state duty. Regardless of duty status all three components are held to the same standards of conduct and a civilian conviction of a career ending charge (such as DUI) has the same effect on Guard and reserves. I've personally signed the discharge papers for five men who tested positive for drugs and four more who were habitual AWOLs. Good riddance.

Response by Sgt Michael Burek made Sep 28 at 2017 3:07 PM

Sgt Michael Burek — Thu, 28 Sep 2017 15:07:10 -0400

You are subject to UCMJ while you are in the military. Drill or not, there is a code of conduct

Response by GySgt Tony Krugh made Sep 28 at 2017 11:18 PM

GySgt Tony Krugh — Thu, 28 Sep 2017 23:18:27 -0400

I was on I&I Duty in St. Louis, I was shocked to find out, I out ranked Officers because I was Active Duty

Response by MGySgt Frank Cordero Jr. made Sep 29 at 2017 9:24 AM

MGySgt Frank Cordero Jr. — Fri, 29 Sep 2017 09:24:00 -0400

24/7 YES

Response by SFC Mike Kaiser made Sep 29 at 2017 4:11 PM

SFC Mike Kaiser — Fri, 29 Sep 2017 16:11:15 -0400

I served in The Oklahoma Army National Guard for many years, retired as 1SG. I have seen guardsmen punished by The Oklahoma State Code of Military Justice as well as seeing them punished by UCMJ when mobilized for Iraqi Freedom in 05-06.

Response by PO3 Jimmy Fraser made Sep 29 at 2017 4:42 PM

PO3 Jimmy Fraser — Fri, 29 Sep 2017 16:42:50 -0400

As for me I took the military oath in 1960. It still good for me today.

Response by PO3 J.W. Nelson made Sep 29 at 2017 6:48 PM

PO3 J.W. Nelson — Fri, 29 Sep 2017 18:48:36 -0400

Absolutely YES !!!! I am a veteran of the U.S. Navy and I've been out since 1974, I still consider myself subject to he UCMJ !! Took an oath, oath had no expiration date on it, still consider I'm obligated to keep that oath also !!!!

Response by SPC Michael Welch made Sep 29 at 2017 7:22 PM

SPC Michael Welch — Fri, 29 Sep 2017 19:22:46 -0400

It most certainly will be held against you but you will not be in double jeopardy, or charged under UCMJ unless you ate in duty with the reserves.

Response by PO3 Jeremy Lannerd made Sep 30 at 2017 9:28 AM

PO3 Jeremy Lannerd — Sat, 30 Sep 2017 09:28:34 -0400

I can't see how you wouldn't be held to the UCMJ you still carry a valid military ID there for you are an active member of the military just not active duty the only way this might not apply would be some one on irr.

Response by LTC Brian Knox made Sep 30 at 2017 12:45 PM

LTC Brian Knox — Sat, 30 Sep 2017 12:45:34 -0400

My understanding is UCMJ only applies while " on duty ". However I can see it affecting any clearance even if off duty. That should be a concern if a clearance is needed for the reserve position held.

Response by COL Shay Nyunt made Sep 30 at 2017 10:35 PM

COL Shay Nyunt — Sat, 30 Sep 2017 22:35:50 -0400

It all depends on the infraction. Reservists may have committed an offense during IDT or AT and it may not need discovered until after the duty. A service member may to returned to duty for purposes of investigation.

Response by SSgt Lisa Upperman made Oct 1 at 2017 4:57 AM

SSgt Lisa Upperman — Sun, 01 Oct 2017 04:57:21 -0400

That would depend upon whether a random or commander directed drug test was done and came back positive. A JAG officer can give you better details from that point.

Response by SFC Private RallyPoint Member made Oct 1 at 2017 5:44 PM

SFC Private RallyPoint Member — Sun, 01 Oct 2017 17:44:25 -0400

Kinda...
You can still be prosecuted for some things, but can't be AWOL...
This is really the best example of the difference between being a servicemember 24/7 and on duty. It's also just simpler and cheaper for civilian courts to deal with infractions.

Response by MSG Private RallyPoint Member made Oct 1 at 2017 10:24 PM

MSG Private RallyPoint Member — Sun, 01 Oct 2017 22:24:52 -0400

Maybe in the marine reserve but in the army reserve and natuonal guard if get busted off of drill weekend for anything you are subject to ucmj.

Response by MCPO Bob Daly made Oct 2 at 2017 12:13 AM

MCPO Bob Daly — Mon, 02 Oct 2017 00:13:46 -0400

If a reservists has a military identification card, they are still subject to the UCMJ. If you are a "weekend warrior" whose ID consists of a sheet of paper, you are subject to the UCMJ while in a drill status on or in military property.

Response by CPO Robert Babcox made Oct 2 at 2017 8:16 AM

CPO Robert Babcox — Mon, 02 Oct 2017 08:16:31 -0400

That is correct, there was a Supreme court case several years ago that ruled on a similar case in that a retireree could not receive pay while serving time in prison but it restarted after his release.

Response by PFC Bobby Baker made Oct 2 at 2017 12:11 PM

PFC Bobby Baker — Mon, 02 Oct 2017 12:11:47 -0400

As far as I understood, regardless of the applicability of UCMJ during times of separation (or the level thereof), UCMJ can still be used to impose sanctions on a service member for a crime that was convicted and punished under local, state, or federal law. Case in point: National Gaurdist, whilst at home and not on Drill, commits Murder. Soldier is convicted and sentenced to life in prison. CID gets involved, and under UCMJ the soldier is forcibly separated from their duty with a Dishonorable Discharge. They may not be able to impose any further imprisonment, but they can tack on fines, extra duty, loss of rank, or anything else that an Article 15 non-judicial punishment proceeding could do.

As for the case of a reservist in IRR, not traveling to or from duty, and not in IDT or ADT, any action that is not considered unlawful in the local jurisdiction but otherwise unlawful under UCMJ cannot be punishable.

802.ARTICLE 2: Persons subject to this chapter (01(a)(1,3,6).

However, 802.ARTICLE 2...(01)(1) can be used in some circumstances to order you involuntarily to duty and make you accountable (such as being the subject of proceedings under 815 article 15 or 830 article 30 with respect to an offense against such chapter)

Response by SSG Jim Lentz made Oct 2 at 2017 7:14 PM

SSG Jim Lentz — Mon, 02 Oct 2017 19:14:24 -0400

Not subject to UCMJ unless they are on duty for over 24hrs. Administrative action is still applicable though. Had same problem when I was in the Illinois National Guard. E4 and below were administratively reprimanded and flagged and E5 and above were immediately administratively seperated.

Response by MAJ Thomas Dunn made Oct 2 at 2017 9:59 PM

MAJ Thomas Dunn — Mon, 02 Oct 2017 21:59:50 -0400

Rule 202 indicates reserve personnel not on active duty under some circumstance Article 2(a)(3)and(6)

Response by CAPT Millie Wears made Oct 2 at 2017 11:31 PM

CAPT Millie Wears — Mon, 02 Oct 2017 23:31:22 -0400

Title 10 , United States Code explains the various forms of active duty.

In order to be charged under the UCMJ, you must be on active duty as defined in 10 USC. Inactive duty (IDT) is not Active Duty.

Retirees can be held accountable to the UCMJ because they are receiving a pension. They can be involuntarily recalled to active duty for the purpose of being prosecuted. Clearly this is reserved for the worst of situations.

Reservists that are prosecuted or charged in civilian capacity with something that otherwise would be a punishable offense under the UCMJ - unless retired - can be discharged from the Reserves. The military only has jurisdiction when the Servicemeber is "on active duty" - not inactive duty (drill)

So Reservists do not escape accountability to actions that bring discredit to the Service - they are held accountable through administrative actions. In order to be charged under the UCMJ, you must be subject to it and that jurisdiction is established by the words in the charge sheet that read "on Active duty".

Response by PO1 Fred McCall made Oct 3 at 2017 8:05 AM

PO1 Fred McCall — Tue, 03 Oct 2017 08:05:59 -0400

I thought they changed this several decades ago and made Reservists subject to the UCMJ all the time.

Response by PO1 Mary Vermont made Oct 3 at 2017 10:28 AM

PO1 Mary Vermont — Tue, 03 Oct 2017 10:28:21 -0400

I find it hard to believe also. I have always believed they can take your retirement away if say for example your busted with pot

Response by SFC Private RallyPoint Member made Oct 3 at 2017 11:05 AM

SFC Private RallyPoint Member — Tue, 03 Oct 2017 11:05:38 -0400

There are still measures the Command can take under UCMJ to discipline Service members in the reserves. They can also recommend counseling and training unless the transgression was

Response by SSG Private RallyPoint Member made Nov 3 at 2017 4:40 PM

SSG Private RallyPoint Member — Fri, 03 Nov 2017 16:40:31 -0400

Tell that to the Guard! They give plenty of soldiers Article 15s that are not under competent military authority!

Response by Capt Joseph Olson made Jan 1 at 2018 12:20 AM

Capt Joseph Olson — Mon, 01 Jan 2018 00:20:37 -0500

1. Reserves not "on duty" are not subject to the UCMJ but rather to civilian laws.
2. Of course , events on civie street can and will affect your career but not through the UCMJ. If you are a known shit*ead in your civie life, try to reenlist.
3. You are always a Marine but not always subject to the UCMJ.

Response by SSgt Private RallyPoint Member made Aug 9 at 2018 3:16 PM

SSgt Private RallyPoint Member — Thu, 09 Aug 2018 15:16:32 -0400

Can UCMJ action to a Reservist affect a prior active service member's Honorable Discharge DD214?

Response by SPC Michael Dillon made Aug 9 at 2018 10:08 PM

SPC Michael Dillon — Thu, 09 Aug 2018 22:08:27 -0400

So if a National guard is away on two week drill and let's say gets a misdemeanor charge from the state they are drilling in. By under UCMJ it would be felony. Can they be charged by both?

Response by SFC Melvin Brandenburg made Jul 6 at 2019 5:48 PM

SFC Melvin Brandenburg — Sat, 06 Jul 2019 17:48:21 -0400

Not in the guard.

Response by SSgt Boyd Herrst made Jul 6 at 2019 11:29 PM

SSgt Boyd Herrst — Sat, 06 Jul 2019 23:29:40 -0400

A code of conduct was inculcated to you and you practiced living up to it. So the Marines made a quality investment. Just keep that up Marine, You’re doing great !
I retired from the AF on disability and I still try to hold myself responsible for actions I do as if I were still on duty.
It’s been instilled .. i’nm used to it..

Response by Sgt Carmella Fairley made Jul 9 at 2019 3:37 PM

Sgt Carmella Fairley — Tue, 09 Jul 2019 15:37:20 -0400

My question is does this pertain to Active Reserve commissioned officers? Do they have a higher standard? What about fraternization with an Active Duty NCO?

Response by CWO3 Private RallyPoint Member made Aug 14 at 2019 9:17 PM

CWO3 Private RallyPoint Member — Wed, 14 Aug 2019 21:17:33 -0400

According to the new UCMJ regulations it is. New Regulations have been forthcoming.

Response by LTC Warren Miller made Feb 1 at 2020 2:58 PM

LTC Warren Miller — Sat, 01 Feb 2020 14:58:54 -0500

UCMJ for the other 28 days a month? Generally “no” due to duty status arguments. However other rules apply.

I processed a guy out for unexcused absences from drill. It’s hard to attend training assemblies when incarcerated for beating your wife. I threw on a bar to re-enlistment too.

Biggest is a letter of reprimand. Often time you can present your case to the first person in the chain with a star and make it a GOMOR. End of career. Frequent with DUI.

Member of a unit busted for possession? I foresee a number of people peeing in a cup at the next formation, most likely “random” enough to include the offender.

Suspected drug use? One senior commander I had coordinated with the local authorities to bring in the drug dogs to one of my units. Although I thought it would be a waste of time and effort, the dog did get excited about one vehicle in the parking lot...and found an open bag of beef jersey on the seat. But it’s the thought that counts.

Out of duty status does not mean out of reach. It just requires some additional creativity.

Response by CPO Arthur Weinberger made May 26 at 2020 5:08 PM

CPO Arthur Weinberger — Tue, 26 May 2020 17:08:14 -0400

Yes.

Response by Cpl David Lear made Feb 26 at 2021 4:35 PM

Cpl David Lear — Fri, 26 Feb 2021 16:35:46 -0500

You still belong to Uncle Sam even though you are a reservist