Are retirees subject to UCMJ?

I agree they’re subject to UCMJ, but I am positive that the charge is also subject to the Statue of Limitations. To clarify to the Marines that take the time to read this, when you “retire” between 20 & 29 years, you are actually “Transferrered” to the Fleet Marine Corps Reserve (FMCR) until 30 years has been completed. During that time, you are subject to recall. At the 30 year mark, you are then “Officially Retired“.

Certainly. When I was the mobilization officer at Fort Jackson, we had a SSG who was in the IRR called back to AD when his courtmartial was overturned. The plan was to bring him back and retry the case. Because he was now classified as a reservist, my office handled the transition back to AD.

Funny you bring this up,,, just read about this last week in mil times

https://www.armytimes.com/news/your-army/2017/10/18/retired-army-two-star-charged-with-raping-a-minor-to-face-court-martial/

Short answer: Yes.
Long Answer: The answer to that question is yes, indeed they are.

Here is the applicability portion of the UCMJ, retirees are clearly listed in 4 and 5:

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


(1) Members of a regular component of the armed forces, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in the armed forces, from the dates when they are required by the terms of the call or order to obey it.

(2) Cadets, aviation cadets, and midshipman.

(3) Members of a reserve component while on inactive-duty training, but in the case of members of the Army National Guard of the United States or the Air National Guard of the United States only when in Federal Service.

(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.

(6) Members of the Fleet Reserve and Fleet Marine Corps Reserve.

(7) Persons in custody of the armed forces serving a sentence imposed by a court-martial.

(8) Members of the National Oceanic and Atmospheric Administration, Public Health Service, and other organizations, when assigned to and serving with the armed forces.

(9) Prisoners of war in custody of the armed forces.

(10) In time of war, persons serving with or accompanying an armed force in the field.

(11) Subject to any treaty or agreement which the United States is or may be a party to any accepted rule of international law, persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Canal Zone, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

(12) Subject to any treaty or agreement t which the United States is or may be a party to any accepted rule of international law, persons within an area leased by or otherwise reserved or acquired for use of the United States which is under the control of the Secretary concerned and which is outside the United States and outside the Canal Zone, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

I don't want to be mean about this but my wife was employed at Fort Belovir by a now retired distinguished to provide adult supervison (baby sitting service) for someone so how would not have this problem!

Contractors (and retirees) working with the DoD Overseas are also subject to the UCMJ. But you'd be hard pressed to prefer charges against a retiree stateside for being late to work (UA) - even if they are working with a DoD component.

My understanding about this subject is, if a retiree is found to be using marijuna by a blood test in a military hospital. That retired member can be subject to UCMJ punishment. Even if the marijuna is medically required.

No, they are not. However, for the first 10 years after your retirement date, you can be as you’re still part of the inactive reserves. After that you’re officially retired. It doesn’t matter at that point what the UCMJ states, as you’re no longer subject to it. Your military contract with the government is then expired. Your retirement pay is no longer a retainer and your no longer subject to being recalled. Your retirement pay is just that...retirement pay for service rendered to the United States government. About the only incident that would probably be an exception is if you had committed a murder while subject to the UCMJ. That’s because there’s no statute of limitations on murder.

If the crime happened while on active duty, but person did not get caught until after he/she retired, then yes I believe so. Also, since 2007 (I believe) any Govt civilian, contractor is subject to UCMJ on any military bases, especially deployed in a combat zone. With that said, if the crime happened not on a military base, the answer is no they cannot pull you back into active duty to receive UCMJ, but that is my IMHO.

IIRC.

1. Does not apply to retired Reservists.

2. The offense still needs the "military connection" that confers jurisdiction.

3. Even if #2 applies, if there is a civilian court with jurisdiction, the policy is to defer.

4. As a policy matter, the offense must be a major "felony".