Are retirees subject to UCMJ?

My understanding at the 30 year mark and you are classified retired and no longer in the fleet reserve and you are convicted of a felony you will lose your military benefits and your retired pay.

YES, and YES. Several times, retirees/discharged folks- have had crimes come to light, years later, and have been recalled to active duty to face the charges. If convicted they can go to prison or be reduced/lose their retirement.

Saw MG Cochran retired and former CG of the 24th ID recalled and court martialed for misappropriation of government funds for stocking his personal yacht with US Property and work on the government dime.

Great question. In 1991 a retired Army MSG Sands, helped by his houseboy, murdered the Mrs, chopped her up and prepared to dispose of the body. The murder came to light. Sands was the manager of the USMTM dining facility in Riyadh. The Saudis took no interest since no Saudis involved. The Army tried to bring him back on active & charge under the UCMJ, but that rational was rejected b/c he wasn’t on active at the time. This rule only applies to general officers (who never retire, just go off active) and some members of the Fleet reserves. Bottom line: There is new (2007) Federal law that permits US jurisdiction on crimes committed by forces accompanying the military. The law was the result of Blackwater guys murdering several Iraqis and lying about it.

There was an NCO who received an Article 15 WHILE ON ACTIVE DUTY for knowing about a Soldier falsifying a senior rater rating on his NCOER. 3 years after NCO retired, he tried to help that Soldier out who was still on Active Duty. He submitted a letter to Soldier's COL explaining the truth about what happened and that he TOLD the Soldier to change the rating. The COL said this is new evidence and has removed the Article 15 from the Soldier's file and is bringing the retired NCO back on Active Duty to rescind their Article 15 and proceed with a Court Martial. Can this even happen??? When he told me this, i though a COL CAN NOT bring a retired Soldier back on Active Duty. That must be done by someone WAY higher than a COL.

There have been a few who were recalled back to active duty for the sole purpose of under going UCMJ actions.

In the 1950's the Navy recalled a retired admiral who had been USING his rank to seduce young male sailors in San Diego bars after his retirement.

MAJ Weiss, Is the enforcement of Article 2 of the UCMJ limited to crimes committed during the member's active service or into retirement?

I found this, "To the extent the law has some clarity in the retiree arena, it is clear
that retired personnel are not civilians but are instead members of the
armed forces. They enjoy certain associated privileges and bear numerous
responsibilities. Most significantly, as retirees they remain subject to the
Uniform Code of Military Justice (UCMJ) with few, if any, legal limitations,
and only ambiguous and largely unenforceable policy limitations on
the exercise of military jurisdiction over them. However, beyond purely
jurisdictional issues, military case law concerning the rights and responsibilities
of retired military personnel is sparse."

Timothy Hennis was recalled to active duty two years after his retirement and tried for a third time for the murder of Kathryn Eastburn and her two daughters. He is currently on death row. I lived in Fayetteville at the time of this crime and I had been in the murder house years earlier when it was owned by my company commander.