(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 midshipman.
(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.......
Because Kerry was not retired and not involved in reserve training, he may not have been subject to the UCMJ when he was active with the anti war crowd.
This is his reserve discharge. Anybody have his discharge from Active Duty?
The only way he could be subject to the UCMJ is to be recalled to active duty to stand trial for the charges. Since he was honorably discharged in 1978, he is no longer subject to the UCMJ.
I sent you his release (vice discharge) from active duty orders, which transferred him into the inactive reserves. His honorable discharge is from the Standby Reserves, as is mine even though I had a regular commission and was released from active duty in 1972 and didn't receive my honorable discharge until 1978.