Chapter II · Jurisdiction
R.C.M. 204. Jurisdiction over certain reserve component personnel
2024 Manual for Courts-Martial, United States
See all changes(a) Service regulations. The Secretary concerned shall prescribe regulations setting forth rules and procedures for the exercise of court-martial jurisdiction and nonjudicial punishment authority over reserve component personnel under Article 2(a)(3) and 2(d), subject to the limitations of this Manual and the UCMJ.
Discussion
See definitions in R.C.M. 103 (Discussion); paragraph 5.e and f., Part V, concerning limitations on nonjudicial punishments imposed on reservists while on inactive-duty training.
(b) Courts-Martial
(1) General and special court-martial proceedings. A member of a reserve component must be on active duty prior to arraignment at a general or special court-martial. A member ordered to active duty pursuant to Article 2(d) may be retained on active duty to serve any adjudged confinement or other restriction on liberty if the order to active duty was approved in accordance with Article 2(d)(5), but such member may not be retained on active duty pursuant to Article 2(d) after service of the confinement or other restriction on liberty. All punishments remaining unserved at the time the member is released from active duty may be carried over to subsequent periods of inactive-duty training or active duty.
Discussion
An accused ordered to active duty pursuant to Article 2(d) may be retained on active duty after service of the punishment if permitted by other authority. For example, an accused who commits another offense while on active duty ordered pursuant to Article 2(d) may be retained on active duty pursuant to R.C.M. 202(c)(1).
(2) Summary courts-martial. A member of a reserve component may be tried by summary court-martial either while on active duty or inactive-duty training. A summary court-martial conducted during inactive-duty training may be in session only during normal periods of such training. The accused may not be held beyond such periods of training for trial or service or any punishment. All punishments remaining unserved at the end of a period of active duty or the end of any normal period of inactive duty training may be carried over to subsequent periods of inactive-duty training or active duty.
Discussion
A “normal period” of inactive-duty training does not include periods that are scheduled solely for the purpose of conducting court-martial proceeding.
(c) Applicability. This subsection is not applicable when a member is held on active duty pursuant to R.C.M. 202(c).
(d) Changes in type of service. A member of a reserve component at the time disciplinary action is initiated, who is alleged to have committed an offense while subject to the UCMJ, is subject to court-martial jurisdiction without regard to any change between active and reserve service or within different categories of reserve service subsequent to commission of the offense. This subsection does not apply to a person whose military status was completely terminated after commission of an offense.
Discussion
A member of a regular or reserve component remains subject to court-martial jurisdiction after leaving active duty for offenses committed prior to such termination of active duty if the member retains military status in a reserve component without having been discharged from all obligations of military service. See R.C.M. 202(a), Discussion, paragraph (2)(B)(ii) and (iii), regarding the jurisdictional effect of a discharge from military service. A “complete termination” of military status refers to a discharge relieving the service member of any further military service. It does not include a discharge conditioned upon acceptance of further military service.