Replies

I could be wrong, however I believe that he does not have “status” and therefore he is not subject to the UCMJ.

20–2. Policy
a. United States Army Reserve Soldiers will be subject to the UCMJ whenever they are in a 10 USC (Title 10) duty status. Examples of such duty status are active duty (AD); active duty for training (ADT); annual training (AT); active guard reserve (AGR) duty; inactive duty training (IDT). Inactive duty training normally consists of weekend drills by troop program units, but may also include any training authorized by appropriate authority. All USAR Soldiers are subject to the provisions of the UCMJ from the date scheduled to report to AD, ADT, AT, or IDT until the date the Soldier is released from that status. For examples of IDT, see AR 140–1.
b. All ARNG Soldiers will be subject to the UCMJ when in Federal service as Army National Guard of the United States (ARNGUS) under 10 USC, and when otherwise called into Federal service. The ARNG Soldiers are not subject to the UCMJ while in State service under 32 USC (Title 32).
c. Reserve component commanders must be in a Title 10 duty status (see subpara a, above) whenever they take action such as offering or imposing nonjudicial punishment, preferral or referral of court-martial charges, conducting open hearings under UCMJ, Art. 15, or vacating suspended sentences under UCMJ, Art. 15. However, RC commanders may forward charges (under RCM 401c(2)(A)), initiate, or forward requests for involuntary active duty (under RCM 707c(8)), or act on UCMJ, Art. 15 appeals (under chap 3, section VI) anytime, even when not in a Title 10 duty status.
d. Costs associated with disciplining USAR Soldiers will normally be paid from Reserve Personnel, Army, appropriations. However, costs associated with disciplining USAR Soldiers, when involuntarily ordered to active duty or involuntarily extended on AD by an active Army Commander,will be paid from military personnel , Army appropriations.