
para. 3-4 (20 Jan. 2004), in that a reservist who shows up to a four hour UTA gets
one day’s pay or one retirement point or both. Mr. Bouchard also agreed that on 18
October 2014, the period from first formation at 0800 until a break at 1200 would
constitute a completed UTA period. Similarly, from 1300 until 1700 constituted the
second UTA. The purpose of signing out at the end of the UTA was to certify the
soldier’s presence for the full day for pay purposes. Mr. Bouchard also indicated a
reservist would have no additional duties the rest of the duty day after signing out. 4

       The military judge’s finding that the IDT period ended when appellee signed
out of the second UTA on Saturday at 1700, 18 October 2014, is not clearly




(. . . continued)
United States v. Morita, 73 M.J. 548, 552 n. 3, 558-59 (A.F. Ct. Crim. App. 2014).
The CAAF disagreed with the Air Force Court’s finding of jurisdiction because the
documents introduced by the government that showed the dates of the IDT time
frames were possibly forged and therefore could not place a reservist in a military
status that would confer UCMJ jurisdiction. Morita, 74 M.J. at 121-22.
The Navy-Marine Corps Court of Criminal Appeals has also addressed Article
2(a)(3): “Clearly, this jurisdictional qualification limits UCMJ jurisdiction over a
reservist to those times when he or she is actually serving on inactive duty training.”
United States v. Spradley, 41 M.J. 827 (N.M. Ct. Crim. App. 1995). Spradley,
however, was limited to determining that the appellee’s separation from active duty
terminated UCMJ jurisdiction over crimes he committed while on active duty.
4
  While it is unclear how reservists are provided meals and lodging when they have
no military status during periods outside the UTA, the government provides no
evidence to support a different conclusion. Authority also exists to find a service
member in the line of duty due to an injury, illness, or disease incurred or
aggravated while remaining overnight immediately before the com