http://usmilitary.about.com/od/punitivearticles/a/ucmjsubject.htm
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.
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.
http://www.slate.com/articles/news_and_politics/war_stories/2006/04/could_rumsfeld_courtmartial_the_retired_generals.html
Could Rumsfeld court-martial the retired generals?
Donald Rumsfeld has a notorious vindictive streak. How low will he stoop to pursue it? Let's put him to the test. If he wanted to get really brutal, Rumsfeld could convene a court-martial and prosecute the six retired generals who have been calling for his head. Military law, if read...
So, for enlisted it seems there is no UCMJ problem, other than that which affects good order and discipline and probably any implication of official endorsement (like wearing your uniform in a protest march). For officers, it's a judgement call as to when "criticism" rises to the level of "contempt."
Around 2003, Army Pfc. Matthew C. O'Dell was quoted in the New York Times criticising SecDef Rumsfeld, saying "You call Donald Rumsfeld and tell him our sorry asses are ready to go home. Tell him to come spend a night in our building." This shortly after CSA Gen. Eric Shinseki lobbed direct criticism at Rumsfeld at his "forced" retirement ceremony, but without naming him directly.
I don't think any retired officer has been court-martialed since 1942 under Article 88. Hell, Retired Lt. Col. Robert Patterson wrote a book entitled "Dereliction of Duty: The Eyewitness Account of How Bill Clinton Endangered America's Long-Term National Security." Retired Marine LtCol. Oliver North is famous for saying "He's not MY Commander in Chief" during his senate campaign and faced no UCMJ consequences (and has since been very publicly critical of many politicians). But my all-time favorite is highly-decorated Retired Marine Gen. Smedley D Butler who authored the scathing 1935 anti-war book "War is a Racket" and was later quoted as saying “It is no longer taboo to say that President Roosevelt required Pearl Harbor to drag a war-weary American public into supporting another World War."
Active officers are much more likely to be reprimanded or force-retired than punished by a courts martial. Maj. Gen. Harold Campbell publicly called-out President Clinton for "womanizing" and "draft-dodging" and was force-retired. Lt. Col. Steve Butler got suspended from his Vice-chancellorship at DLI for alleging that President Bush "did nothing to warn the American people because he needed this war on terrorism."
https://www.factcheck.org/2017/10/facts-uranium-one/
Two House committees have said that they will investigate the Obama administration’s approval of a deal that gave Russia a financial interest in U.S. uranium production. We covered the issue during the 2016 presidential campaign. We'll recap here what we know – and don’t know -- about the 2010 deal.
https://www.militarytimes.com/news/your-military/2019/02/25/military-retirees-can-still-be-court-martialed-supreme-court-affirms/
Military retirees can still be court-martialed, Supreme Court affirms
The decision leaves the possibility open for retirees implicated in high-profile scandals to face punishment, to include sailors involved in the Navy’s “Fat Leonard” scandal and retired Gen. David Petraeus’ affair with his biographer.
Now a U.S. cabinet department that provides patient care, veterans' benefits, and other services to veterans of the U.S. armed forces and their families.
Semper fi, WB
Tax the money I made, tax the taxpayer, and then tax me again when the money paying my retirement was already taxed by someone else? Yeesh...
I remember the tax rates the year I was born. Anything over $100k was taxed at I think either 80 or 90%. I remember my neighbors (lawyers) bitching that they had to make an extra ten grand to net just 1k after taxes. If they had those kinds of tax rates now their would be civil war! (and yes, while the constitution DOES provide for a civil war to change the government ((Even Thomas Jefferson said "god help us if we do NOT have a revolution every 20 years or so" (not a direct quote but it was something like that). But by god you better WIN. So when I see people (um, democrats) like Bernie saying FREE COLLEGE FOR ALL, and wipe out all student loan debt, the only way that's gonna get PAID for is by going back to that kind of tax system. It won't be SOAK the rich, it will be STRIP the rich and nationalize ALL their assets and they STILL won't get enough to pay for it all.
And to top it off, the only charismatic guy they really have on the democrats side is Buttiguig (or whatever his name is, the gay guy). Biden doesn't have a clue, Sanders is so far left he's ready to fall off the planet, Warren is too close to Bernie. YANG is at least somewhat sane. But is America ready for a gay president? I have no clue. I still don't know how the UCMJ is dealing with gays serving openly in the military. Is Sodomy still a crime? I know adultery still is.
Anyway, I haven't heard of any RETIRED cheating spouses pulled back on active duty to prosecute either of THOSE violations...lol.
And no, senators, congressmen, etc don't lose their retirement (which they get after serving just one term, mind you, for the rest of their lives) no matter even if they get jailed while IN office from what I've read. Odd that our civilian leadership isn't held to the same standards that THEY set for US, right? Their oughta be a LAW..lol
Dave
* Guard officers hold a Reserve Commission in their parent service.
0700-1159, Sat AM
1200-2359, Sat PM
0000-1200, Sun AM
1201-1630, Sun PM
Or something similar, based on the CO's training plan for the weekend.
This provides CO's with UCMJ authority over their Marines during their entire training evolution...even if they are released to go on "liberty" back to a hotel, barracks, etc.
The CO has the authority to arrange and organize any combination of inactive duty for training (IDT) and active duty for training (ADT/AT) to accomplish their mission requirements for training each year. The DoD minimum for credit for a period of IDT in any given day is 2 hours...the USMCR requires 4 hours minimum for any IDT period, but the maximum can be 24 hours...i.e., the CO could -- if they so chose -- decide that each drill weekend would be worth only 2 periods of IDT, for 24 IDT across the months, but instead -- because perhaps of intense training requirements involved -- shift the additional 24 IDT to the summer, adding those at the rate of 2 per day to the existing 14 days (plus one day of travel) for the annual training...a total of 12 extra days of IDT plus the 14 days of AT = 26 consecutive days of training...etc. The flexibility of the reserve system is amazing! But of course, 98% of SELRES units will use a very standard schedule, and only a few will need to resort to maneuvering furiously to meet minimum training standards that exceed the 38 calendar days that the traditional schedule of 2 IDT per day + 14 training days of AT will provide...
Cheers! WKB
SGT Goldman, I'm a military retiree and a civilian police officer. Be very careful when you refer to military MP Personnel having any kind of enforcement rights outside of their Duty. USAR or even RA MPs are not civilian police officers and therefore do not have law enforcement authority outside of military installations. This is addressed in Posse Comitatus law. As for inside military installations, I have no knowledge.
However, that said, HR 218 does not apply to military personnel In any specialty to include MP. You must be civilian law enforcement and have civilian arrest Authority in order to qualify under HR 218. That said, laws do vary from state to state. Even in the goofy state of NJ, DOD police are federal law enforcement and they are permitted by state to carry firearms outside of military installations although department policy may state otherwise. However military police are not unless they are on duty performing a military police function.
Bottom line, just be very careful. Some states are notoriously anti firearms like NJ, NY and other northeastern states.