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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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http://archive.armytimes.com/article/20080120/NEWS/801200315/Retired-master-sergeant-court-again
Though this occurred while he was in, and they recalled him after. This one stinks of breaking the "Spirit" of the Double Jeopardy exclusion.
Though this occurred while he was in, and they recalled him after. This one stinks of breaking the "Spirit" of the Double Jeopardy exclusion.
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LCDR Anthony Montague
It would depend on the charges and specifications brought before the Courts Martial. If he were convicted of the civilian charges of rape/murder, he could still be charged with conduct unbecoming as well as any charges that the civilian courts failed to press such as sexual assault, assault, battery, etc.
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Sgt Aaron Kennedy, MS
1SG John Millan - It absolutely undercuts the spirit in the way you describe it. The State worked WITH the Military and got a "second bite at the apple" after he was acquitted at the State level. They lost once so they used a different system to get the result they wanted.
"The double jeopardy protection is designed to prevent the state from going after someone over and over until they finally convict him."
As you describe it, that is exactly what happened. The second time they just weren't the lead.
"The double jeopardy protection is designed to prevent the state from going after someone over and over until they finally convict him."
As you describe it, that is exactly what happened. The second time they just weren't the lead.
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At the time of my retirement I received a set of "Retirement Orders" from the Navy. I am retired but still under a set of actual orders. I will always be "in the Navy" even though I am not active in the everyday duty schedule. The best part of being under retirement orders is that the Navy still pays me monthly even though I do not make Muster.
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Many comments are focusing on the double punishment. What is being missed is that as a retiree if convicted under the UCMJ or civilian courts you lose the benefits afforded a retiree. If you have a dependants (children and spouse) they too are now impacted by the conviction and loss of benefits.
I have always viewed being subject to the UCMJ as a retiree as another level of accountability.
I have always viewed being subject to the UCMJ as a retiree as another level of accountability.
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LTC Yinon W.
Yes the way I understand it. This would include medical retirees, but has it ever happened I can only say I've never heard it happening except the one case mentioned earlier about Tim Hennis. The family that the accused SGT Hennis murdered and raped were Airforce dependents so technically that was military related. Bottom line if a crime by a military member is committed off a military installation even while active it's hard to pull that case under military authority (DUI, Domestic, Assault, prostitution, solicitation, distribution of drugs, possession, rape and even murder cases) I've seen all this in my time and if the state has the jurisdiction they tend to prosecute.
Yes the way I understand it. This would include medical retirees, but has it ever happened I can only say I've never heard it happening except the one case mentioned earlier about Tim Hennis. The family that the accused SGT Hennis murdered and raped were Airforce dependents so technically that was military related. Bottom line if a crime by a military member is committed off a military installation even while active it's hard to pull that case under military authority (DUI, Domestic, Assault, prostitution, solicitation, distribution of drugs, possession, rape and even murder cases) I've seen all this in my time and if the state has the jurisdiction they tend to prosecute.
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From what I've read in recent articles, retirement is just a change in status and not truly retired from military service. You can still be called back to active duty should need arise i.e. war or crises, but most definitely in cases of UCMJ. I had to read up to get clarification on this, so if you're drawing retired pay the government still owns a piece of you.
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SMSgt Jeff Kyle
It would be interesting to be recalled to active duty. I’m retired with 4 in the Corps and 21 in the AF. I would go back in tomorrow if they’d let me. My problem is 100% P&T VA rating. Not sure how that would impact any scenarios regardless of circumstances. Can a retiree be called back in a time of national emergency if said retiree were disabled? I was injured on active duty but took a regular retirement. The AF figured a regular retirement was sufficient; a medical retirement would have been very difficult to authorize in my case. So, I’m retired from active duty. Post retirement, I’ve received a 100% P&T rating based on injuries I received while still active duty. I don’t plan on anything stupid that’d jeopardize my retirement as I’ve got dependents who count on my providing for them.
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My oath was never recinded. So yes, as long as I receive my government subsidy every first of the month, I am bound by the UCMJ
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