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
SSG Nicole Johnson
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Yes, you can be brought back on active duty to be punished for something that happened prior to retiring. I haven't seen it done but it can happen.
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CPL Johnny Davis
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I don't know if their is a limit, but I believe it all depends on the crime and if your get money from the Military. I was a E-4 getting ready to join the green to gold program, If i renewed my contract. But about 6 months after I got home. One of my cousin's used my computer to contact be friend. My cousin ended up killing g the man when he found out the man was s child molester. But because I was receiving Military pay and he used my computer. I almost got dragged in front of Jag. So yes if you do get money from the military, you can be procescuted under the UCMJ, it depends they really push the issue.
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PO2 Dan Shulla
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My understanding and it may be in error that with Navy/Marine Corps, that leave active duty at 20 years are not retired but transfer to Fleet Reserve, and Marine Corps equivalent...then at 30 years are retired. So at that 30 year mark, they would no longer be subject to the UCMJ and be able to be recalled.
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SFC Thomas Hightower Hightower
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Rape and murder is pretty heavy.
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MSG Alberto Rodriguez
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Retirees can only be charged under article two for offenses they committed while on active duty, or while subject to UCMJ.
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CDR Stan Fuger
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A retiree absolutely can be held to court-martial after retirement.
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Sgt Charles Welling
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Edited 7 y ago
Keep your danged nose clean and it is not an issue................... Other than that, it appears if you draw the benefits you are subject to the law, seems quite fair to me.
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MSgt John Mc Carron
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If this is the case then why do we have Vets sleeping on the streets. If they can pull us in for anything then they should take care of them.
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PO1 Steven Ewing
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So how does the new retirement system affect this? If there is no retirement pay after 20 years then I would expect that the "Retired members of a regular component of the armed forces who are entitled to pay" won't apply until a veteran starts collecting his/her money in his/her 60s.
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LT John Ritenour
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The specific case referred to in this article is :
http://www.cnn.com/2014/07/18/us/death-row-stories-hennis/

The courts have held the double jeorpady doesn't attach when separate sovereigns are involved. In this specific case, the defendant was tried twice by the state and once by the Federal Government. The State of NC tried him twice. The 1st time he was found guilty. He appealed his conviction and was granted a new trial. At his 2nd trial, he was found innocent. That means the state of North Carolina can never try him again - even though he's guilty - because of double jeopardy. On balance it's a very good Amendment (to the Constitution.) Yes sometimes the guilty escape punishment - but it prevents prosecutors from retrying cases indefinitely until they gain a conviction. Due to advances in DNA technology - authorities were able to conduct tests based on semen samples collected from the victims. The DNA matched that collected from the defendant and established he had had sex with the victims that evening. Due to double jeopardy, the state of NC was unable to retry him. As the crime was committed on a military reservation, the military can and did assert jurisdistiction. Since the defendant was retired and drawing retirement pay, he was subject to the UCMJ. He was ordered back to active duty and tried again in a military court martial (The equivalent of a Federal Court Trial.) He was found guilty of premediatated murder and sentenced to death. He now awaits his sentence at the MDB (Military Disciplinary Barracks) in solitary confinement. I predict he's more likely to die of old age than ever see his sentence executed. I'm not a legal beagal or defense attorney, but I find one aspect of this case troubling. State and Federal Authorities have joint jurisdiction over the base - could it be argued they are effectively therefore one sovereign for purposes of the 5th Amendment ?
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LT John Ritenour
LT John Ritenour
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Should have been MDB at Ft Leavenworth KS
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