2008 edition - Fort Sam Houston - U.S. Army

R.C.M. 204(b)(1)
permitted by other authority. For example, an accused who commits
another offense while on active duty ordered pursuant to
Article 2(d) may be retained on active duty pursuant to R.C.M.
202(c)(1).
(2) Summary courts-martial. A member of a reserve
component may be tried by summary courtmartial
either while on active duty or inactive-duty
training. A summary court-martial conducted during
inactive-duty training may be in session only during
normal periods of such training. The accused may
not be held beyond such periods of training for trial
o r s e r v i c e o r a n y p u n i s h m e n t . A l l p u n i s h m e n t s
remaining unserved at the end of a period of active
duty or the end of any normal period of inactive
duty training may be carried over to subsequent periods
of inactive-duty training or active duty.
Discussion
A “normal period” of inactive-duty training does not include
periods which are scheduled solely for the purpose of conducting
court-martial proceedings.
(c) Applicability. This subsection is not applicable
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when a member is held on active duty pursuant to
R.C.M. 202(c).
(d) Changes in type of service. A member of a reserve
component at the time disciplinary action is
initiated, who is alleged to have committed an offense
while on active duty or inactive-duty training,
is subject to court-martial jurisdiction without regard
to any change between active and reserve service or
within different categories of reserve service subsequent
to commission of the offense. This subsection
does not apply to a person whose military status was
c o m p l e t e l y t e r m i n a t e d a f t e r c o m m i s s i o n o f a n
offense.
Discussion
A member of a regular or reserve component remains subject to
court-martial jurisdiction after leaving active duty for offenses
committed prior to such termination of active duty if the member
retains military status in a reserve component without having
been discharged from all obligations of military service.
See R.C.M. 202(a), Discussion, paragraph (2)(B)(ii) and (iii)
regarding the jurisdictional effect of a discharge from military
service. A “complete termination” of military status refers to a
discharge relieving the servicemember of any further military
service. It does not include a discharge conditioned upon acceptance
of further military service.