5800.7 F - Department of the Navy Issuances

(6) the reasons that make trial by court-martial advisable.
Requests shall be addressed to the Secretary of the Navy, via OJAG (Code 20)
or the Commandant of the Marine Corps (JAM), as appropriate.
c. Pretrial apprehension and restraint. Specific authorization of the
Secretary of the Navy is required prior to apprehension, arrest, or pretrial
confinement of any person who is amenable to trial by court-martial solely by
reason of the provisions of Article 2(a)(4), (5), or (6) or Article 3(a), (b),
or (c), UCMJ.
d. Jurisdiction over Reserve component personnel under Article 3(d),
UCMJ. A member of a Reserve component subject to the UCMJ is not, by virtue
of termination of a period of active duty or inactive duty training, relieved
from amenability to jurisdiction of the UCMJ for an offense against the UCMJ
committed during such period of active duty or inactive duty training.
e. Order to active duty in the case of Reserve component personnel not on
active duty.
(1) When jurisdiction is based upon Article 3(d), UCMJ, members of a
Reserve component not on active duty may be ordered to active duty
involuntarily only by an officer described in subsection (4) for the purpose
of investigation under Article 32, UCMJ, trial by court-martial, or imposition
of nonjudicial punishment for offenses committed while subject to the UCMJ
without regard to any change between active and reserve service or within
different categories of reserve service subsequent to commission of the
offense.
(2) Requests for an order to active duty under this subsection may be
submitted only by officers empowered to convene courts-martial. Funding for
these orders should be tasked to the appropriation used on the original set of
orders during which the event necessitating recall occurred. See section
0145. Decisions regarding funding for recall of a service member do not
confer any procedural or substantive rights upon the member.
(3) Requests for an order to active duty under this subsection shall
contain the following information:
(a) draft charge(s) and specification(s) (Do not prefer charges
until authorization has been received from SECNAV. Care should be exercised
to avoid triggering the speedy trial provisions of R.C.M. 707, MCM);
(b) a summary of evidence in the case;
(c) facts showing amenability to trial by court-martial or
imposition of nonjudicial punishment;
(d) whether civilian jurisdiction exists, and if so, whether the
civilian jurisdiction is amendable to prosecution;
(e) the military status, unit to which assigned and its location,
and home address of the accused at the time of submission and at the time of
commission of the alleged offenses;
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