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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
http://usmilitary.about.com/od/punitivearticles/a/ucmjsubject.htm
Retired
Retirement
UCMJ
JAG
Posted 9 y ago
Responses: 388
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From The IG Desk: "Depends." I am personally aware of several instances over a 30 year career of SM's being recalled to active duty to answer charges under UCMJ. One of those was a Reservist called up for AD. At tour's end, an argument ensued over what he considered an illegal order which he refused to obey (in an openly belligerent and insubordinate manner) believing that his ETS and return to home station would severe him from UCMJ. He was re-called to AD on orders; tried and convicted. If a SM belongs to a Troop Program Unit (TPU), then he/she is responsible during training weekends to UCMJ, as well as during annual two-week AD.
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From my understanding while I was in. If you did or found you did something wrong while on Active Duty. The Army can and will recall you back to Active Duty. My retirement DD-214 CLEARLY states "subject to recall at the convenience of the Government" So yes, UCMJ can reach out of retirement and get you for a charge you done while on Active Duty, even if retired.
Now, if retired. And if a Officer pisses one off and the retired person told him/her off. I do not believe UCMJ charges can be brought on the individual because tbe retired person is now Mr./Mrs. Smith civilian, not SGT Smith Soldier.
Now, if retired. And if a Officer pisses one off and the retired person told him/her off. I do not believe UCMJ charges can be brought on the individual because tbe retired person is now Mr./Mrs. Smith civilian, not SGT Smith Soldier.
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MSG Robert Greco
1SG John Millan
Show me the Chapter/s in UCMJ that applies to Retired Service Members without being recalled to Active Duty.
You are not in for life. You are in the "Retired Ready Reserve" till you hit age 65, the maximum allowable mandatory retirement age. Don't believe me, check your Retired ID card. It expires the month before your 65Th Birthday.
Show me the Chapter/s in UCMJ that applies to Retired Service Members without being recalled to Active Duty.
You are not in for life. You are in the "Retired Ready Reserve" till you hit age 65, the maximum allowable mandatory retirement age. Don't believe me, check your Retired ID card. It expires the month before your 65Th Birthday.
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Yes, I remember that case. He was convicted and sentenced to death. Later acquitted. Retried by the Army this time. Convicted and re-sentenced to death again.
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It appears everybody is forgetting the retired Regular officer ID card says indefinite as is his or her commission.
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MSgt Hal Weeden, MBA
Capt Al Parker, as does the retired enlisted ID card. In recent years, the initial retired ID card expires on the member's 65th birthday when they become eligible for Medicare. Then they get the "indefinite" card.
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Short answer...YES. With following exceptions to rule....commit a crime on military base after you are retired or discharged...you can be recalled to active duty to stand trial at a CM IF FEDERAL PROSCUTER WANTS JURISDICTION. It all depends on what Federal authorities want to do
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Interesting article I had no idea. I think it was smart to put that in there.
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Yes and no, No as a retiree you are not subject to UCMJ.......HOWEVER, this has happened, if you retire the military can call you back to duty to prosecute you. This happened to MSG Henis here at Ft Bragg. Personally I thought it was on all fronts. He's now locked up at Ft Levenworth. For the record he was acquitted for the exact same crime prior to the military calling him back from retirement
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LtCol William Bentley
All Regular Component retirees are subject to the entire UCMJ for the rest of their life...it's a condition of their continued employment (at a substantially reduced workload of course), receipt of retired/retainer pay, and subject to availability for immediate recall either with or without consent at any time under 10 United States Code 688.
All Reserve Component retirees are subject to the UCMJ any time they are placed into any duty status (recalled to active or inactive duty status from the retired list), or for the duration of any period of time spent as an in-patient at any military hospital. Additionally, all enlisted USN/USNR and USMC/USMCR retirees, not retired for disability, who have not completed a total of 30 years of service (combined active, reserve, retired), are by law transferred upon retirement to the "Fleet Reserve/Fleet Marine Corps Reserve" until they have completed 30 total years of service, when they are transferred to the appropriate retired list (either Regular Component or Reserve Component). All members of the FR/FMCR (both AC and RC retirees) are subject to the UCMJ while members of the FR/FMCR. Those AC enlisted retirees who are transferred to the FR/FMCR are not transferred to the Reserve Component (in spite of the name of the FR/FMCR); they remain retirees of the AC but are temporarily "warehoused" in the FR/FMCR until they are retired back to the Retired List of the AC. Otherwise, RC retirees are not subject to the UCMJ. However, RC retirees with 20+ years of active service are subject to 10 USC 688 immediate voluntary or involuntary recall. RC retirees in the Gray Area (between retirement and beginning of drawing retired pay), and those who are fully retired and drawing retired pay at age 60 (or earlier in some cases), are not subject to either UCMJ or recall under 10 USC 688. But they are subject to mobilization authorities such as 10 USC 12301a (Full Mobilization), 12310, and others as needed during national emergency or time of war.
Any crime that occurred while subject to the UCMJ, prior to retirement, can result in being recalled from retirement to stand Court-Martial for that crime. The change in status under the UCMJ from "active duty" or "inactive duty for training" to "retired" means nothing to the UCMJ...jurisdiction attached when the crime was allegedly committed while subject to the UCMJ.
Mistrials, retrials, appeals, trials for other crimes related or not, all may result in recall from retirement to stand court-martial (again, if necessary).
The UCMJ and Manual For Courts-Martial address the issue of double-jeopardy, and it boils down to this: only a Federal conviction in district court (for felonies I think), or a previous General Court-Martial conviction on the same crime act as double jeopardy. Lesser convictions within the military discipline system (summary courts-martial or nonjudicial punishment or any type of administrative measures), and any State convictions are not a bar to trial by Court-Martial (or Federal courts) because they are different systems with different Constitutional authorities. The UCMJ and MCM do, however, caution Commanders to very, very carefully consider the impacts of "crossing the streams" so to speak, and "retrying" a servicemember under a Court-Martial for anything they were previously tried/convicted/acquitted for under a lesser military discipline system or a State court...
Thus, for example, a servicemember could be tried in state court for DUI and convicted, and then also tried by court-martial and convicted...but in practice such a "minor" crime would not warrant "crossing the streams." Usually there is a very strong military nexus between the crime and military service, and/or it was a heinous felony (robbery, murder, rape, etc.) that brings out real issues of double jeopardy, when several jurisdictions are clamoring to each put the defendant to trial...Cheers WKB
All Reserve Component retirees are subject to the UCMJ any time they are placed into any duty status (recalled to active or inactive duty status from the retired list), or for the duration of any period of time spent as an in-patient at any military hospital. Additionally, all enlisted USN/USNR and USMC/USMCR retirees, not retired for disability, who have not completed a total of 30 years of service (combined active, reserve, retired), are by law transferred upon retirement to the "Fleet Reserve/Fleet Marine Corps Reserve" until they have completed 30 total years of service, when they are transferred to the appropriate retired list (either Regular Component or Reserve Component). All members of the FR/FMCR (both AC and RC retirees) are subject to the UCMJ while members of the FR/FMCR. Those AC enlisted retirees who are transferred to the FR/FMCR are not transferred to the Reserve Component (in spite of the name of the FR/FMCR); they remain retirees of the AC but are temporarily "warehoused" in the FR/FMCR until they are retired back to the Retired List of the AC. Otherwise, RC retirees are not subject to the UCMJ. However, RC retirees with 20+ years of active service are subject to 10 USC 688 immediate voluntary or involuntary recall. RC retirees in the Gray Area (between retirement and beginning of drawing retired pay), and those who are fully retired and drawing retired pay at age 60 (or earlier in some cases), are not subject to either UCMJ or recall under 10 USC 688. But they are subject to mobilization authorities such as 10 USC 12301a (Full Mobilization), 12310, and others as needed during national emergency or time of war.
Any crime that occurred while subject to the UCMJ, prior to retirement, can result in being recalled from retirement to stand Court-Martial for that crime. The change in status under the UCMJ from "active duty" or "inactive duty for training" to "retired" means nothing to the UCMJ...jurisdiction attached when the crime was allegedly committed while subject to the UCMJ.
Mistrials, retrials, appeals, trials for other crimes related or not, all may result in recall from retirement to stand court-martial (again, if necessary).
The UCMJ and Manual For Courts-Martial address the issue of double-jeopardy, and it boils down to this: only a Federal conviction in district court (for felonies I think), or a previous General Court-Martial conviction on the same crime act as double jeopardy. Lesser convictions within the military discipline system (summary courts-martial or nonjudicial punishment or any type of administrative measures), and any State convictions are not a bar to trial by Court-Martial (or Federal courts) because they are different systems with different Constitutional authorities. The UCMJ and MCM do, however, caution Commanders to very, very carefully consider the impacts of "crossing the streams" so to speak, and "retrying" a servicemember under a Court-Martial for anything they were previously tried/convicted/acquitted for under a lesser military discipline system or a State court...
Thus, for example, a servicemember could be tried in state court for DUI and convicted, and then also tried by court-martial and convicted...but in practice such a "minor" crime would not warrant "crossing the streams." Usually there is a very strong military nexus between the crime and military service, and/or it was a heinous felony (robbery, murder, rape, etc.) that brings out real issues of double jeopardy, when several jurisdictions are clamoring to each put the defendant to trial...Cheers WKB
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There are a few retired classified info leakers who were brought back for Courts Martial. When I was retired on PDRL, I got the briefing that I was a member of the retired reserve, subject to recall, entitled to use my rank, and still was subject to the UCMJ.
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Yes you are. You will loose retirement pay and other earned benefits if the Government wants to take them from you for any offence.
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Rare. I think one or two General officers were reduced in grade over issues that occurred on active duty not after they retired
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