Posted on Jun 23, 2015
LTC Yinon Weiss
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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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Responses: 388
PFC Howard Bryant Blackshear
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As long as you are "Government Property for Life",They can do whatever, like General Allen, dealing with RUSSIANS"'.
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MSG Perm Medical Retired List
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Only if you are place on a reserve list, if you are permanent retired they can not due to health reasons it states, you can not be called for any reason
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PO3 Scot Fahey
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Those who held Security levels are bound, forevermore to maintain protected information, Discharge Honorable or otherwise
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MSG Edward McPhee
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In addition this was his third trial on this matter. Found guilty in first trial, overturned and found not guilty in second. In this instance Double Jeopardy didn't apply for UCMJ in which he was found guilty over 20 years later due to advancement of DNA technology and other circumstances
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MSG James Abbatoy
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I remember an MSG that I worked with who was pulled out of retirement for UCMJ action for falsifying his 201 file. He awarded himself the soldiers medal in order to obtain an additional 10% in his retired pay.
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SrA Security Forces
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As an active duty SF member I can say yes this does apply
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Sgt Gunner
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It seems ridiculous. I think so, especially if it's a situation one can't control. Or even just a simple mistake that humans make, like say a fight at a bar that turns into assault or some bull domestic charge. One has to always keep that "double whammy" factor in the back of their mind. The simple fact is, you're a product of the armed forces still being paid by the armed forces so you are expected to act like so. Just goes to show that no matter what, when, where you are, you must have a support system in place.
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SGT Chester Beedle
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Edited 7 y ago
It seems pretty clear that those who retired from the Regular Army/Navy/Air Force/Marines/CG are subject. "Grey Area" Retirees from the Reserves and NG whiile receiving medical treatment as well.
Not sure sure about retired Reservists or Guardsman who are past age 60, have the blue ID now, and are receiving pay.
This is an article about how retirees are not likely to be called back to be punished for smoking pot, and it cites the UCMJ as well as the opinion of a law professor at Yale, and it cites how there was talk of charging Patreaus under the UCMJ when he was caught cheating on his wife after retirement. http://www.military.com/daily-news/2014/07/14/retirees-unlikely-to-face-ucmj-charges-over-legal-pot.html


The UCMJ itself actually states this, http://www.ucmj.us/sub-chapter-1-general-provisions/802-article-2-persons-subject-to-this-chapter also at https://www.law.cornell.edu/uscode/text/10/802

(a) The following persons are subject to this chapter:
...

(4) Retired members of a regular component of the armed forces who are entitled to pay.

(5) Retired members of a reserve component who are receiving hospitalization from an armed force.

...
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COL Brian Shea
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In regards to the wording specifying "regular component" I am wondering if any such authority applies to retired reservists that are drawing pay. Yes, the reserves have a component number, but may not be considered "regular" as in "Regular Army". Of course if an activated reservist commits a serious offense while on active duty they probably are subject to recall.
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MAJ Glenn Lasater
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I'm no lawyer but I'm proficient in the English language. There are two classes of retired personnel subject to the UCMJ; 1) "Retired members of a regular component of the armed forces who are entitled to pay." and 2) "Retired members of a reserve component who are receiving hospitalization from an armed force."

In the first case, only retired members of the Regular Army, Regular Navy, Regular Air Force, and Regular Marine Corps are subject to the UCMJ. They don't have to actually be receiving pay but only entitled to receive pay. Retired members of a reserve component are only subject to the UCMJ if they are hospitalized. Otherwise, they're not subject to it. Retired members of the National Guard are not subject to the UCMJ.
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