Court-Martial Trial Practice Blog
Bobby Gifford has been kind enough to point our attention to this article.
COURT-MARTIAL JURISDICTION OVER RETIREES UNDER ARTICLES 2(4) AND 2(6): TIME TO LIGHTEN UP AND TIGHTEN UP? By J. Mackey Ives & LTC(R) Michael J. Davidson, 175 Mil. L. Rev. 1 (March 2003)
"In contrast, retired reservists are only subject to military jurisdiction when receiving hospitalization from the military, regardless of their entitlement to retired pay."
FN: See UCMJ art. 2(a)(5); see also SNEDEKER, supra note 72, at 128 ("Reservists, after retirement, are not, by virtue of such retirement, subject to the Uniform Code, whether or not they are entitled to receive pay."); ROBINSON O. EVERETT, MILITARY JUSTICE IN THE ARMED FORCES OF THE UNITED STATES 19 (1956) ("A retired reservist … is not within military jurisdiction, despite receipt of retirement benefits, unless he is being hospitalized in a military hospital."). One legal commentator noted that the exercise of military jurisdiction over retired reservists has historically been "comatose." Bishop, supra note 13, at 359.