RESERVE COMPONENTS SPECIAL TOPICSMAJ T. Scott Randall

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 CONTINUEDOne 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 JURISDICTION• § 802, Art. 2Persons 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 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 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) 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 27-10

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 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 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 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

12302Partial

Mobilization

12301(d)RC Volunteers

12304Presidential

ReserveCall-up

12301(b)15-dayStatute

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 MILLIONREADY RESERVISTS

INDIVIDUALS & UNIT MEMBERS

(Any Reservist, Consensual, No Numeric Limitation, Governor/TAG must

agree to ARNG)

NO STATUTORY TIMELIMIT

PARTIAL MOBILIZATION (10 USC §12302)

President or Congress throughDeclaration of National Emergency

FULL MOBILIZATION (10 USC §12301(a))Congressional Declaration of National Emergency or War

PRESIDENTIALRESERVE CALLUP (PRC)

(10 USC §12304)

(ADOS) Active Duty

Operational Support (10 USC §12301(d)

PRESIDENTIALRESERVE CALL UP (PRC)

(10 USC §12304)

TOTAL MOBILIZATIONCongressional Declaration of National Emergency or War

ANY MEMBEROF RC

(Includes Inactive & Retired Members)

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MOBILIZATION CANCELLATIONS – SEC. 513 2014 NDAA

•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

21

12304a - 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

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

23

12304b - 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

24

WAY AHEAD ON 12301a & b• HQDA is revising AR 500-5 (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

25

RESERVE COMPONENT AUTHORITIES

• 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 12301 (d)

FULLMOBILIZATION

10 USC 12301 (a)

15 DAY-STATUTE10 USC 12301 (b)

RESERVE OCONUS CALL UP

10 USC 12304b **

RESERVE CONUS EMERGENCY CALL UP

10 USC 12304a **

PRESIDENTIAL RESERVE CALL UP10 USC 12304

PARTIAL

MOBILIZATION *10 USC 12302

• 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 DEFENSERESERVE COMPONENT STRENGTH

May FY13

Total DoD Reserve Mobilization Potential *

Enl: 706121

Off: 126512

PAID DRILL Active Guard Individual

STRENGTH Reserve Mobilization

(AGR) Augmentee(IMA)

742,412 76,642 13,579 253,422 13,967 2,091,517Enl: 641173 Enl: 60036 Enl: 4912 Enl: 223377 Enl: 5530 Enl: 1527313Off: 101239 Off: 16606 Off: 8667 Off: 30045 Off: 8437 Off: 564204

Enl: 2462341

3,191,539

Selected Reserve IRR/ING

Off: 729198

Ready ReserveStandby Reserve

Retired *(Qtr Rpt, Incl AC

and RC)

832,633

1,086,055Enl: 929498

Off: 156557

ADDITIONAL OBSERVATIONS?

QUESTIONS?

T. Scott RandallMAJ, JA ProfessorAdministrative & Civil Law Dep'tThe Judge Advocate General's Legal Center & SchoolCharlottesville, VA 22903434 971-3368 (DSN 521)thomas.s.randall2.mil@mail.mil