Subchapter I · General Provisions

Article 3. Jurisdiction to try certain personnel

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

Recent revisions Summary of changes Cited by (4)
(a) Subject to section 843 of this title (article 43), a person who is in a status in which the person is subject to this chapter and who committed an offense against this chapter while formerly in a status in which the person was subject to this chapter is not relieved from amenability to the jurisdiction of this chapter for that offense by reason of a termination of that person’s former status.
(b) Each person discharged from the armed forces who is later charged with having fraudulently obtained his discharge is, subject to section 843 of this title (article 43), subject to trial by court-martial on that charge and is after apprehension subject to this chapter while in the custody of the armed forces for that trial. Upon conviction of that charge he is subject to trial by court-martial for all offenses under this chapter committed before the fraudulent discharge.
(c) No person who has deserted from the armed forces may be relieved from amenability to the jurisdiction of this chapter by virtue of a separation from any later period of service.
(d) A member of a reserve component or the Space Force who is subject to this chapter is not, by virtue of the termination of a period of active duty or inactive-duty training, relieved from amenability to the jurisdiction of this chapter for an offense against this chapter committed during such period of active duty or inactive-duty training. revised · Public Law No. 118-31 (NDAA 2024)
Cross-referencesCited by 4Cites 1
Cited by

Provisions elsewhere in the Manual whose text cites Article 3. Each link opens the citing provision.

Rules for Courts-Martial
Discussion under R.C.M. 202(a) — Persons subject to the jurisdiction of courts-martial (3(a))
…subject to the UCMJ apparently has ended may, nevertheless, be amendable to trial by court-martial. See Articles 3, 4, and 73. A person need not be subject to the UCMJ to be subject to trial by court-martial under Articles 103, 103b,…
Discussion under R.C.M. 307(c)(3) — Preferral of charges
…to the UCMJ under Article 2(a), subsections (3) through (12), or subject to trial by court-martial under Articles 3 or 4 . The specification should describe the accused’s armed force, unit or organization, position, or status…
Discussion under R.C.M. 905(g) — Motions generally (3(b))
…76; R.C.M. 1209. The accused is not bound in a court-martial by rulings in another court-martial. But see Article 3(b); R.C.M. 202. The determination must have been made by a court-martial, reviewing authority, or appellate…
Uniform Code of Military Justice
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 3 cites

Provisions named in the text of Article 3. Where the cited provision is on this site, the link opens it.