[AndyJackson]

You can not claim exemption from the rules, based only on what your duty status is when you break the rules.

Sorry, but you can. It's the law. Retired O-6 here.

[JRios1968]

Sorry to tell you, Colonel/Captain, but you can ask a lot of reservists who have been busted by UCMJ for things they have done while not on duty, and I am sure they would disagree.