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1. I was enlisted for my entire 28-year military career and enlisting does not waiver your access to the Bill of Rights. You have the same protections under the Bill of Rights as you do in civilian life. You don't lose or have suspended any rights your civilian counterparts have. I've had this discussion when I was in the military and no one who disagreed with me was ever able to provide an example where they lost a right.

2. Enlisted members have a 30-year obligation meaning if they retire after 20 years they'll be in the inactive reserves for 10 years subject to recall. Officers, IIRC, can be brought back to active duty at any time. Both enlisted and officers can be recalled to active duty for any violations of the UCMJ that happened while they were on active duty.

In Senator Kelly's case, he is subject to recall to active duty if he violated the UCMJ. The question is Did he violate the UCMJ? IMO, he did not since he was acting in the capacity of his office as a United States Senator and has the protection of the Constitution from which the UCMJ derives it's authority. IOW, the Constitution trumps the UCMJ. Senator Kelly is well within his First Amendment Rights as well as his the right of his Constitutional office.