RESERVE COMPONENTS SPECIAL TOPICS MAJ T. Scott RandallMAJ T. Scott Randall

CASE STUDY – FOOD (AR 30-22)CASE STUDY – FOOD (AR 30-22) Enlisted Soldiers not authorized to receive BAS are entitled to subsist without charge. The standard meal rate will be charged to RC officers on IDT authorized to eat in appropriated fund dining facilities. RC Commanders will: Ensure that catered meals are procured only when food service personnel and equipment are not authorized/available and support cannot be obtained through an intra-service support agreement from an RC or Active military unit with food service capability. Ensure that all meals requested above the number of authorized SIK diners paid for that drill as reflected on DA Form 1379 (U.S. Army Reserve Components Unit Record of Reserve Training) are reimbursed for in cash.

CASE STUDY – FOOD CONTINUEDCASE STUDY – FOOD CONTINUED One meal is authorized for an 8-hour period or 2 multiple unit training assembly (MUTA) days.

Standby Reserve Ready Reserve Inactive National Guard Selected Reserve IMA TPU AGR Individual Ready Reserve Retired Reserve RC Organization – applicable to each service

UCMJ JURISDICTIONUCMJ JURISDICTION § 802, Art. 2 Persons subject to this chapter: (a)(1) Members of a regular component of 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 order to obey it. (a)(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.

UCMJ JURISDICTIONUCMJ JURISDICTION § 802, Art. 2(c) Notwithstanding any other provision of law, a person serving with an armed force who (1) submitted voluntarily to military authority; (2) met mental competence and minimum age qualifications; (3) received military pay or allowances; and (4) performed military duties; is subject to this chapter

UCMJ JURISDICTIONUCMJ JURISDICTION Interpretation of “from the dates” found in Article 2(a)(1) – United States v. Cline, 29 M.J. 83 (C.M.A. 1989) – United States v. Phillips, 56 M.J. 843 (A.F. Ct. Crim. App. 2002) Application of Article 2(c) “Constructive Enlistment” Provision – United States v. Phillips, 58 M.J. 217, 220 (C.A.A.F. 2003) – United States v. Fry, 70 M.J. 467 (C.A.A.F. 2012)

UCMJ (LACK OF) JURISDICTIONUCMJ (LACK OF) JURISDICTION

COURTS-MARTIAL CONVENING AUTHORITIES - UCMJ UCMJ, Article 22: General Court Marital may be convened by the commanding officer of a division UCMJ, Article 23: Special Court Martial may be convened by the commanding officer of a brigade UCMJ, Article 24: Summary Court- Martial may be convened by the commanding officer of a detached company

COURTS-MARTIAL CONVENING AUTHORITIES – AR AR 27-10, para 20-8: “authority to convene GCM or SPCM is withdrawn for USARC officers qualified as a GCMCA or SPCMCA under UCMJ.” “Authority to convene special courts- martial rests with the Commander, USARC. The USARC commander or designee has the discretion to delegate special court-martial convening authority on a case-by-case basis.”

COURTS-MARTIAL CONVENING AUTHORITIES – ADMINISTRATIVE MATTERS Many administrative investigations delineate appointing authorities by GCMCA, SPCMCA, etc. The withdrawal of court- martial convening authority does not affect a commander’s ability to be a GCMCA, SPCMCA, etc. with regard to appointing administrative proceedings E.g., 4 June 2004 USARC Memorandum re: Status as General Court Martial Convening Authority

MEMORANDUM ANALYZING UCMJ vs. ADMINISTRATIVE CONVENING AUTHORITIES

ARTICLE 15 – RC ISSUESARTICLE 15 – RC ISSUES All RC Soldiers may receive nonjudicial punishment pursuant to UCMJ, Art. 15, while serving in a Title 10 status on AD, ADT, AT, or IDT. The RC Soldiers may be punished pursuant to UCMJ, Art. 15 while serving on IDT, provided that the proceedings are conducted and any punishment administered is served during normal IDT periods.

ARTICLE 15 – RC ISSUESARTICLE 15 – RC ISSUES RC commanders must be in a Title 10 duty status whenever they take action, e.g., offering or imposing NJP, conducting open hearings under UCMJ, Art. 15, or vacating suspended sentences under UCMJ, Art. 15. Execution of punishment – any delay should not exceed 30 days inclusive of the period covering the next date in which that Army Reserve Soldier is in a Title 10 duty status. Reduction in Rank - The grade from which reduced must be within the promotion authority of the imposing commander.

ARTICLE 15 – RC ISSUESARTICLE 15 – RC ISSUES The active Army GCMCAs designated in AR 27-10, appendix E, to support RC commands will make appropriate disposition of charges against RC Soldiers including referral to court-martial, imposition of punishment under UCMJ, Art. 15, or administrative measures. BOTTOM LINE: Coordination with AC is Key.

MOBILIZATION STATUTES Partial Mobilization 12301(d) RC Volunteers Presidential Reserve Call-up 12301(b) 15-day Statute 12301(a) Full Mobilization Requires declaration of War or National Emergency by the Congress All RC, incl inactive & retired members No number limitation Duration of event over 6 months Congress in Session Requires Declaration of National Emergency Report to Congress every 6 Months Ready Reserve Not more than 1.0 million 2 year duration Not more than 200,000 Selected Reserve, up to 30,000 IRR 365 days Includes WMD incidents No Declaration of National Emergency Requires Presidential notification of Congress Requires consent of member Governors must consent to Guard activation All Reservists, incl AGRs No number limitation stated No duration stated Service Secretaries may call Ready Reserve up to 15 days per year Operational Missions Involuntary AT

RC MOBILIZATION AUTHORITIES 365 DAYS 24 MONTHS DURATION PLUS 6 MONTHS 200,000 (Select Reserve and up to 30,000 IRRs) 1 MILLION READY RESERVISTS INDIVIDUALS & UNIT MEMBERS (Any Reservist, Consensual, No Numeric Limitation, Governor/TAG must agree to ARNG) NO STATUTORY TIME LIMIT PARTIAL MOBILIZATION (10 USC §12302) President or Congress through Declaration of National Emergency FULL MOBILIZATION (10 USC §12301(a)) Congressional Declaration of National Emergency or War PRESIDENTIAL RESERVE CALLUP (PRC) (10 USC §12304) (ADOS) Active Duty Operational Support (10 USC §12301(d) PRESIDENTIAL RESERVE CALL UP (PRC) (10 USC §12304) TOTAL MOBILIZATION Congressional Declaration of National Emergency or War ANY MEMBER OF RC (Includes Inactive & Retired Members)

MOBILIZATION CANCELLATIONS – SEC NDAA 18 The deployment of a RC unit may not be cancelled within 180-days of deployment without the written approval of the Secretary of Defense A covered deployment is one whose cancellation is due to substitution by AC unit Secretary concerned must provide at least 120 days notice of an involuntary mobilization to a member of the RC (Non-unit, individual mobilizations)

POST OCO – ONGOING NEED FOR RC FORCES Selected Reserve: Order to Active Duty for Preplanned Missions in Support of the Combatant Commands Order to active duty to provide assistance in response to a major disaster or emergency 2012 NDAA Amends 10 USC § 12304

DISASTER MANAGEMENT – CONSEQUENCES, ARMY RESERVE REORGANIZATION 10 USC § 12304a When a Governor requests Federal assistance in responding to a major disaster or emergency SECDEF may order any member of Army, Air Force, Marine, or Navy Reserve to active duty A continuous period of not more than 120 days

12304a - CURRENT STATUS AND ISSUES12304a - CURRENT STATUS AND ISSUES SecDef delegated this authority to the service secretaries in Mar 2013 Applies to units and individuals First use during Super Storm Sandy in November 2012 – 82 USAR Soldiers, Quartermaster Detachments (PA, NC, & FL) – Three tactical water distribution units – The majority of challenges stemmed from new processes – Lessons learned process ongoing to support federal-state partnerships NORTHCOM plans for future use of Non-Guard Reserve 21

POST OCO – ONGOING NEED FOR RC FORCES 10 USC § 12304b Department Secretary may order any unit of Selected Reserve to involuntary active duty for up to one year DoD budget must specify manpower, cost, mission, and duration of the mission Limited to 60,000 servicemembers at any one time Required notice to Congress

12304b - CURRENT STATUS AND ISSUES12304b - CURRENT STATUS AND ISSUES OSD interprets this authority to apply to units, including Derivative UICs First use started in FY 14 (Oct 13) HQDA originally planned to fund 1,300 man-years in FY14, but reduced to 850 based on funding limitations – FY15-19 requirements are projected to be approximately 3,400 man- years annually – Provides opportunities to sustain operational experience in the RC Missions must be programmed in the base budget – Funding will remain a challenge across the current Future Years Defense Program (FYDP) – In the current budget environment, 12304b is competing with other requirements 23

WAY AHEAD ON 12301a & bWAY AHEAD ON 12301a & b HQDA is revising AR (Army Mobilization). – The intent is streamline RC voluntary and involuntary calls to active duty, and to involve commanders in certifying personnel readiness and individual training – Distinguish between readiness validations for Homeland Defense and expeditionary contingency operations. HQDA updated the Army Mobilization and Operations Planning and Execution System (AMOPES) There is interest in asking Congress to expand 12304b to include generating force activities (e.g., Drill Sergeants) Reports to Congress – HQDA submitted 12304b information in the Justification Books that supported the President’s FY14 Budget. – HQDA is providing a follow-on report to the Congressional Defense Committees regarding 12304b execution Integration of 12304b into the Regionally Aligned Forces Construct 24

RESERVE COMPONENT AUTHORITIESRESERVE COMPONENT AUTHORITIES 25 Two out of seven mobilization authorities currently used (*) New authorities (**) All Services access RC utilizing these in conjunction with DoD policies Access incomplete without associated funding allocated to Services to manage Congress President Secretary of Defense Service Secretary Maximum 1M 24 consecutive months; Involuntary Maximum 200K Ready Reserve & 30K IRR 365 days; Involuntary ACTIVE DUTY FOR OPERATIONAL SUPPORT * 10 USC (d) FULL MOBILIZATION 10 USC (a) 15 DAY-STATUTE 10 USC (b) RESERVE OCONUS CALL UP 10 USC 12304b ** RESERVE CONUS EMERGENCY CALL UP 10 USC 12304a ** PRESIDENTIAL RESERVE CALL UP 10 USC PARTIAL MOBILIZATION * 10 USC No personnel limitation Duration plus 6 months; Involuntary (Governor’s Request) No personnel limitation 120 days; Involuntary Maximum 60K 365 days; Involuntary Manpower & costs in Defense Budget Annual Training/Operational Mission; Involuntary Governor’s consent for NG Voluntary; No duration Governor’s consent for NG

26 DEPARTMENT OF DEFENSE RESERVE COMPONENT STRENGTH May FY13

ADDITIONAL OBSERVATIONS? QUESTIONS? T. Scott Randall MAJ, JA Professor Administrative & Civil Law Dep't The Judge Advocate General's Legal Center & School Charlottesville, VA (DSN 521)