§ 802. Art. 2. Persons subject to this chapter
(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.
(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.
(8)
Members of the National Oceanic and Atmospheric Administration, Public Health Service, and other organizations, when assigned to and serving with the armed forces.
(10)
In time of declared war or a contingency operation, persons serving with or accompanying an armed force in the field.
(11)
Subject to any treaty or agreement to which the United States is or may be a party or to any accepted rule of international law, persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(12)
Subject to any treaty or agreement to which the United States is or may be a party or to any accepted rule of international law, persons within an area leased by or otherwise reserved or acquired for the use of the United States which is under the control of the Secretary concerned and which is outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(b)
The voluntary enlistment of any person who has the capacity to understand the significance of enlisting in the armed forces shall be valid for purposes of jurisdiction under subsection (a) and a change of status from civilian to member of the armed forces shall be effective upon the taking of the oath of enlistment.
(c)
Notwithstanding any other provision of law, a person serving with an armed force who—
(2)
met the mental competency and minimum age qualifications of sections
504 and
505 of this title at the time of voluntary submission to military authority;
is subject to this chapter until such person’s active service has been terminated in accordance with law or regulations promulgated by the Secretary concerned.
(d)
(1)
A member of a reserve component who is not on active duty and who is made the subject of proceedings under section
815 (article 15) or section
830 (article 30) with respect to an offense against this chapter may be ordered to active duty involuntarily for the purpose of—
(2)
A member of a reserve component may not be ordered to active duty under paragraph (1) except with respect to an offense committed while the member was—
(3)
Authority to order a member to active duty under paragraph (1) shall be exercised under regulations prescribed by the President.
(4)
A member may be ordered to active duty under paragraph (1) only by a person empowered to convene general courts-martial in a regular component of the armed forces.
(e)
The provisions of this section are subject to section
876b
(d)(2) of this title (article 76b(d)(2)).