Your understanding that he is a member under 1 would require Mr Kokesh to be a member of a regular component which he clearly is not He is a member of a Reserve Component The definitions of these terms can be found in US Code Title 10 101 The clause of UCMJ 2 2 1 including those awaiting discharge after expiration of their terms of enlistment refers to Active duty members who have been involuntarily extended for reasons such as operational commitments and stop loss who remain members of the Regular Active Component until they are transferred to the Reserves or fully discharged from service