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 ::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."