Posted on Jun 23, 2015
LTC Board Member
225K
2.06K
916
363
363
0
According to Article 2 of UCMJ, "Retired members of a regular component of the armed forces who are entitled to pay" are covered by UCMJ. Does this mean that retirees can be charged with UCMJ violations even long after retirement and when not doing anything related to the military? Has this ever happened?

http://usmilitary.about.com/od/punitivearticles/a/ucmjsubject.htm
Avatar_feed
Responses: 366
COL Charles Williams
143
143
0
As I understand it... Officers are more so than NCOs/Enlisted. But, as Article 2 states "(4) Retired members of a regular component of the armed forces who are entitled to pay" are subject to the UCMJ. So, it appears to be all. LTC (Join to see)

That said, having dealt with issues, with regards to service members who had retired, and had been involved in criminal behavior... Generally the Army will only bring a person back on active duty for UCMJ actions for very very serious crimes.

Many violations can be adjudicated via administrative processes after we leave. The bottomline, is once we leave, the Army can still reach out and touch us in one way or another.
(143)
Comment
(0)
SFC Medical Platoon Sergeant
SFC (Join to see)
28 d
MSG Randy Almendinger - looking into more of the case law, "regular" refers to active components. USMC and USN treat enlisted retirees slightly different than the Army or USAF in that they transfer them to the Fleet Reserve and pay them a retainer until they hit 30 years.

Also, when the SCOTUS refused to hear the US v. Larrabee appeal in 2019 they appeared to uphold the status that retirees from active duty are still subject to the UCMJ. However, that may be revisited here soon.
(1)
Reply
(0)
MSG Randy Almendinger
MSG Randy Almendinger
28 d
Thank you.
(1)
Reply
(0)
1SG 92 Z5 O (Retired)
1SG (Join to see)
13 d
MSG Randy Almendinger - Regular "active" components are ruled by federal title 10, reserve and guard "irregular" are covered under title 32. There are literal and actual differences between title 10 and title 32. Reserve components are covered by title 10 only in certain and specific time periods, i.e. initial training at active duty stations, duty outside the United States or its territories, or activated under federal orders in excess of 90 days. UCMJ only applies to those Soldiers, Sailors, Marines, and Airmen who are on title 10 duty. Title 32 service members are covered by local, state, and federal laws ONLY.
(1)
Reply
(0)
1SG Chad Mcdaniel
1SG Chad Mcdaniel
9 d
You are correct and it he was Army, the female and kids he killed were an AF Captains Dependents. I think in 1985 (Henning may have been his name) he was tried in NC convicted a year or two later retried on appeal and acquitted...in I think 2008 DNA linked him to the crime and because of double jeopardy the state couldn't convict but the Army being federal could so as a retired MSG he was brought back on active duty and court martialed and found guilty.
(0)
Reply
(0)
Avatar_small
SFC James J. Palmer IV aka "JP4"
126
126
0
Yes sir. There was a MSG who was brought out of retirement and convicted due to a rape and or murder of a woman and her daughter in NC. I think I have the story right. Under extreme circumstances such as this. Yes.

JP
(126)
Comment
(0)
MSgt Earl Hinchey
MSgt Earl Hinchey
1 mo
LTC Donald Donahue - Yes Federal statute does supersede a state's law but only if the Feds wish to prosecute. Often they don't possibly so that if the case is overturned they can proceed to prosecution without concern with the double jeopardy problem.
(1)
Reply
(0)
CH (CPT) Jerry McGowin
CH (CPT) Jerry McGowin
1 mo
1SG John Millan - yes, but retirees are treated a little differently, for instance a retiree is involved in an act whilel concluding with active duty personnel.
(2)
Reply
(0)
TSgt Gerald Wilson
TSgt Gerald Wilson
18 d
1SG John Millan - Outer space. Still laughing...
(0)
Reply
(0)
WO1 Ricardo Eva
WO1 Ricardo Eva
18 d
1SG John Millan - Operative words being "entitled to pay" or "receiving pay and/or entitlements", otherwise, if you have a subject who is not retired, pensioned or otherwise receiving or entitled to receive pay and/or benefits, then that subject is not under UCMJ jurisdiction. Not withstanding, every former military person IS and CAN be held liable under the UCMJ, as stated on other posts above, for crimes, serious or not, committed while serving in and during an active duty tour (i.e. I.R.R., et all) for crimes committed during their active duty period, regardless of whether at the time of bringing charges the subject is, or not, either receiving, entitled or otherwise receiving military pay or entitlements. The Department of Defense (that is all 5 services) have the option, according to certain limitations, of releasing jurisdiction over the subject to civilian authorities if they, the civilian authorities, request or demand, jurisdiction (in CONUS) if the crime was committed while on active duty and overseas, then jurisdiction lays squarely on the UCMJ.
(0)
Reply
(0)
Avatar_small
SSG Stay At Home Dad
69
69
0
Sir,
I believe one such instance is Providing classified information to an enemy before it is declassified or espionage.
Its under these circumstance's that a veteran can face UCMJ actions.
At least that's what I was informed on my ETS date.
(69)
Comment
(0)
GySgt John Hudson
GySgt John Hudson
1 mo
Contact the nearest JAG office for clarification... JP
(0)
Reply
(0)
CPO Arthur Weinberger
CPO Arthur Weinberger
1 mo
Like Hillary Clinton, William Jefferson Clinton, and I am not a Muslim even though It is my religion; Barrack Husein Obama.
(0)
Reply
(0)
SGM Robert Gentner
SGM Robert Gentner
18 d
Maj Rick Wall - It seems like we actually do know. IT SAYS WE CAN BE BROUGHT BACK AND ARE STILL SUBJECT TO UCMJ. "According to Article 2 of UCMJ, "Retired members of a regular component of the armed forces who are entitled to pay" are covered by UCMJ." I had a clue about UCMJ for almost 30 years and remember it well.
(0)
Reply
(0)
Maj Rick Wall
Maj Rick Wall
17 d
SGM Robert Gentner - If I understand your comment correctly, you're saying we should all know this. Based on the comments above, it appears a lot of retirees do not...enlisted or officer. But pretty important, don't you think? Thanks for your observation and your service.
(0)
Reply
(0)
Avatar_small

Join nearly 2 million former and current members of the US military, just like you.

close