Posted on Jun 23, 2015
LTC Board Member
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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
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COL Charles Williams
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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.
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1SG Walter Craig
1SG Walter Craig
1 mo
PO1 Jeff Spehar - I know of one Warrant Officer that was charged and wound up paying restitution for wrecking a helicopter thru negligence. And immediately discharged.??? But no retirement was involved so I would think it depends on the circumstances.
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CH (CPT) Jerry McGowin
CH (CPT) Jerry McGowin
4 d
MSgt Gilbert Jones - i think that is correct.
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PO1 David Shepardson
PO1 David Shepardson
1 d
MSgt Gilbert Jones - A few in Congress and after leaving Congress might qualify under this, Vietnam "hero" John Kerry comes to mind in his involvement in "negotiations" with North Vietnam and his meetings with muslim countries officials.
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SPC Wheeled Vehicle Mechanic
SPC (Join to see)
9 h
I believe I heard a story once about a former nat guard members who was acquitted on murder charges and years later they found new evidence proving he did it but because of double jepoardy laws civilian court couldnt charge him but he did get charged under ucmj courts.
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SFC James J. Palmer IV aka "JP4"
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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
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1SG Walter Craig
1SG Walter Craig
1 mo
LTC Donald Donahue - Mostly depends on jurisdiction. On Post or off.
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1SG John Millan
1SG John Millan
29 d
On of off post is irrelevant colonel. Military personnel are subject to the UCMJ anywhere in the world, 24 & 7 and even in outer space for as long as they are in the military, or for life after rtetirement, unless they renounce retired pay. I was on town patrol as both a USMC and then Army MP and in my civilian cop job, I was a reserve MP in a military town. I saw town patrol and civilian cops get GI's court martialed for dumb shit all the time. And yes MSG Tim Hennis. He was charged in Cumberland Co court for murder of a wife and 2 daughters in Cumberland Co. It was overturned on appeal and he was released from prision and reinstated in the Army. He was retired and found not guilty. Then, DNA cooked him and because of double jeopardy, he could not be retried in NC court. He was by then a retired MSG, as he had been reinstated and served with distinction in the Gulf War. He was recalled to a court martial, tried under the UCMJ and convicted and given death. Double jeopardy did not attach, as a federal court martial vs. a state court makes it not the same court. More recently, the US Supreme COurt ruled in the Steven Lawabee USMC S/Sgt/ (RET) case, that retired pay is "retainer pay" and we are subj to the UCMJ for life. Retirement is simply a change of military status. He was convicted of a post-retirement rape, off-post, against a dependent wife. He was recalled, charged, tried and convicted and dishonorably discharged, reduced to E-1 and lost all pay, allowances and benefits. He got time served. HOW the military decides to prosecute retirees is based on department-level policy, but they haved the right 100%
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MSgt Earl Hinchey
MSgt Earl Hinchey
9 d
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.
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CH (CPT) Jerry McGowin
CH (CPT) Jerry McGowin
4 d
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.
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SSG Stay At Home Dad
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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.
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MSgt Earl Hinchey
MSgt Earl Hinchey
9 d
1SG John Millan - The Air Force attempted to recall me. I'm 60% disabled. When I mentioned that along with my disabilities, they paused in the conversation and said that they would review my med records and they let me know. A couple of weeks later I received notice that I would not be recalled at this time.
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MSgt Gilbert Jones
MSgt Gilbert Jones
3 d
When I had my retirement briefing, Personnel informed that I had eight years left in the inactive reserve, and that any time up until I completed my reserve time I could be recalled back into the AF. My DD Form 214 also states that I had a eight year obligation to complete in the inactive reserve. I was also told I should maintain three uniforms, they were a class A, utility and a class B. After that I didn't need to retain any of my uniforms. Anyway it goes, I don't think I have to worry about ever being recalled being 80 year old and 100% disabled.
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MSgt Gilbert Jones
MSgt Gilbert Jones
1 d
1SG Milan,when I reached my 30th year I received a letter signed by the president of the United States thanking me for my military service.
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Maj Rick Wall
Maj Rick Wall
4 h
I think the fact that we (retirees) don’t seem to definitively know the answer to this question is very telling in that this information is not being provided properly. Retirement briefings come to mind as a proper venue for this. Kind of hard to imagine being subject to something you have no clue about.
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