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U.S. Code as of:
01/19/04
Section 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)).
(e) The provisions of this section are subject to section
876b(d)(2) of this title (article 76b(d)(2)).
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