Article 2 — Persons subject to this chapter

Subchapter I · General Provisions

Article 2. Persons subject to this chapter

2024 Manual for Courts-Martial, United States · Last updated 2026-07-11

Recent revisions Summary of changes Cited by (12)

(a) The following persons are subject to this chapter:

(1) Members of a regular component of the armed forces, and members of the Space Force on active duty under section 20105 of this title, 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. revised · Public Law No. 118–159 (NDAA 2025)

(2) Cadets, aviation cadets, and midshipmen.

(3)

(A) While on inactive-duty training and during any of the periods specified in subparagraph (B)—

(i) members of a reserve component or the Space Force; and revised · Public Law No. 118–159 (NDAA 2025)

(ii) members of the Army National Guard of the United States or the Air National Guard of the United States, but only when in Federal service.

(B) The periods referred to in subparagraph (A) are the following:

(i) Travel to and from the inactive-duty training site of the member, pursuant to orders or regulations.

(ii) Intervals between consecutive periods of inactive-duty training on the same day, pursuant to orders or regulations.

(iii) Intervals between inactive-duty training on consecutive days, pursuant to orders or regulations.

(4) Retired members of a regular component of the armed forces who are entitled to pay.

(5) Retired members of a reserve component, or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay, who are receiving hospitalization from an armed force. revised · Public Law No. 118–159 (NDAA 2025)

(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 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.

(13) Individuals belonging to one of the eight categories enumerated in Article 4 of the Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316), who violate the law of war.

(14) Retired members of the Space Force who qualified for a regular retirement under section 20601 or 20603 of this title and are receiving retired pay. new · Public Law No. 118–159 (NDAA 2025)

(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.

(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 or the Space Force 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— revised · Public Law No. 118–159 (NDAA 2025)

(A) a preliminary hearing under section 832 of this title (article 32);

(B) trial by court-martial; or

(2) A member of a reserve component or the Space Force may not be ordered to active duty under paragraph (1) except with respect to an offense committed while the member was— revised · Public Law No. 118–159 (NDAA 2025)

(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 or the Space Force. revised · Public Law No. 118–159 (NDAA 2025)

(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)).

Cross-referencesCited by 12Cites 4

Cited by

Provisions elsewhere in the Manual whose text cites Article 2. Each link opens the citing provision.

Rules for Courts-Martial

Discussion under R.C.M. 201(a)(2) — Jurisdiction in general (2(a)(10))

…as required by the Constitution, the UCMJ, or the Manual, such as jurisdiction over persons listed under Article 2(a)(10), jurisdiction of courts-martial does not depend on where the offense was committed.

Discussion under R.C.M. 202(a) — Persons subject to the jurisdiction of courts-martial (2(a)(1), 2(a)(2), 2(a)(4), 2(a)(3), 2(a)(6), 2(a)(7), 2(a)(10), 2(a), 2(b), 2(c), 2(a)(11), 2(a)(3)(B))

(1) Authority under the UCMJ. Article 2 lists classes of persons who are subject to the UCMJ. These include active duty personnel (Article 2(a)(1));…

R.C.M. 204(a) — Jurisdiction over certain reserve component personnel (2(a)(3), 2(d))

…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.

R.C.M. 204(b)(1) — Jurisdiction over certain reserve component personnel (2(d), 2(d)(5))

…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…

Discussion under R.C.M. 204(b)(1) — Jurisdiction over certain reserve component personnel (2(d))

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,…

Discussion under R.C.M. 307(c)(3) — Preferral of charges (2(a))

…unit or organization is necessary for military members on active duty. (b) Persons subject to the UCMJ under Article 2(a), subsections (3) through (12), or subject to trial by court-martial under Articles 3 or 4 . The…

Discussion under R.C.M. 809(a) — Contempt proceedings

…evidence, against military or civilian attorneys. Persons not subject to military jurisdiction under Article 2, having been duly subpoenaed, may be prosecuted in federal civilian court under Article 47 for neglect or…

R.C.M. 1003(c)(3)(A) — Punishments (2(d)(5), 2(d)(1))

Restriction on liberty. A member of a reserve component whose order to active duty is approved pursuant to Article 2(d)(5) may be required to serve any adjudged restriction on liberty during that period of active duty. Other…

UCMJ Punitive Articles

Article 85, ¶ 9.c.(4) — Desertion (2(a)(7))

…within the meaning of Articles 85 or 86, although the prisoner may still be subject to military law under Article 2(a)(7). If the facts warrant, such a prisoner could be charged with escape from confinement under Article 87a or an…

Article 90, ¶ 16.c.(3) — Willfully disobeying superior commissioned officer

Civilians and discharged prisoners. A discharged prisoner or other civilian subject to military law ( see Article 2) and under the command of a commissioned officer is subject to the provisions of this article.

Uniform Code of Military Justice

Art. 76b(d)(2) — Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment

If the status of a person as described in section 802 of this title (article 2) terminates while the person is, pursuant to this section, in the custody of the Attorney General,…

Art. 137(a)(3) — Articles to be explained

…to sections 802, 803, 807– 815, 825, 827, 831, 837, 838, 855, 877–934, and 937–939 of this title (articles 2, 3, 7–15, 25, 27, 31, 37, 38, 55, 77–134, and 137–139).

Article 2 cites

Provisions named in the text of Article 2. Where the cited provision is on this site, the link opens it.