Does the UCMJ(Uniform Code of Military Justice) apply to personnel on IRR Status?

Answer 1

When are IRR members subject to the UCMJ?

Members of the IRR are only subject to the UCMJ under the following circumstances:

If called to active duty (AD). In the Navy, and potentially in other branches as well, this means that from the moment one leaves home, enroute to report for active duty, one is subject to the UCMJ.

While on inactive duty training (IDT), including muster duty.

If made the subject of Article 15 or Article 30 proceedings, and called to active duty for the purpose of dealing with these proceedings (e.g. trial by court-martial).

Answer 2

I can give you a really long answer that would be correct or give you the short one. If you are earning pay then you are subject to the UCMJ. That is the long and short of it. So if you are in the IRR and smoke a little ganja and then go into a reserve center and work for a day and pop positive on a drug test then you can be charged, but you would have had to pop while being paid. Or if you strike a commissioned officer while in the IRR and never do any drills or any paid service you can not be charged under the UCMJ.

Answer 3

Bob T is right (the 1st answer) and I would add that people convicted of crimes like murder (for example) can be recalled to active duty so they can be tried under the articles of the UCMJ and be dishonorably discharged so they will not be able to go to the VA or other government agencies for assistance as an honorably discharged veteran. This applies not only to people in the IRR but also retirees who are drawing a monthy check and benefits. Anyone who draws a check for retirement, disability, is in the retired reserves or is currently under contract can be recalled to answer charges under the UCMJ.

Answer 4

These answers are mostly right, especially the first one. Generally speaking, if your receiving paying under title 10 (from the federal government), your probably subject to the UCMJ.

A few odd situations: a member on "appellate leave" is not receiving pay, but still subject to the UCMJ until his appeal from a court-martial is final.

Then reserves are a bit complicated. You cant prosecute a reservist for abusing drugs while a civilian, then getting called up to active duty, with the drugs still in his system. I've been through these juristictional issues in court before- its a losing battle.

Answer 5

I hear ya. Non-human beings would not have a similar rights as human beings and could be tried via a defense force Tribunal. i assume liberal idiots have not discovered from having their lunch money taken extensive-unfold. You by no skill provide terrorists countless tries to kill you, only such as you do no longer provide your lunch money to the community bully. apart from, the Geneva Conventions are a crock of shyt. you're able to desire to placed on a uniform to combat in a war, you are able to no longer kill civilians, you are able to no longer kill or torture your captured enemy, you are able to no longer pass borders to chase after a taking flight military, blah blah blah.

Answer 6

Yes. Period.