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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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So where is the line drawn in the sand. How severe does it have to be to punish someone under the UCMJ who is retired?
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Only in extreme violations of the law that happened while they were still active duty. Rape, Murder, Arson of government property. Sabotage of government property.
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Kudos for the question. Thank you, Colonel Weiss. I think many other members covered the answer, but the bottom line for retired reserve members s that they can be recalled for crimes committed while in a duty status even if they are no longer in such, but are not subject to the UCMJ at other times. If I'm not mistaken, however, there are exceptions. I believe retired members embarked in military vessels or aircraft are subject to the UCMJ, while exercising their retirement privileges.
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So it seems to me that retirees are not covered by the UCMJ, otherwise a retired NCO or Officer would also carry the lawful power afforded active duty officers and NCOs. It stands to reason that before a retiree can be charged or protected under UCMJ, they must first be recalled to active service, the of course the UCMJ applies.
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SFC Roger Senatore
1SG, is it a one way street for retirees? Can an active duty or retired “subordinate” be charged with disrespect to a retired-status superior? It would seem to me that if a retiree is subject to prosecution under the UCMJ, the reciprocal would also be true.
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SFC Roger Senatore
I have no doubt you are correct, and it’s kind of scary in that it must be true that ALL of the UCMJ must apply. I don’t remember being briefed or trained on the legal status or retirees. Is a retired service member goes on TV news, using his rank (R) as his title in order lend credibility to his comments, and he starts ripping on the President, is he in violation of the UCMJ just as his active would be?
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There was a General officer in the 60's who had charges pending, Resigned without taking his pension and could not be charged. 20years latter put in for his pension, recalled as a WO so that he could resign
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Yep, we are. However, being recalled to duty or being subjected to any UCMJ violation is pretty darned slim.
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1LT William Clardy
Doesn't that depend upon how talented you are at being a PITA, CW3 Chuck Huddleston?
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Correct. Crimes committed while on active time never leave you. As it should be.
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Even civilians are subject for some crimes committed against the Government. I think there may be Military Tribunals going on now in Gitmo.
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If you committed crimes while on active duty, retired and we're then " found out" you certainly could be brought back on active duty. The Army general committed rape while on active duty as a major.
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