Posted on Jun 23, 2015
LTC Yinon Weiss
275K
1.75K
774
397
397
0
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
Avatar feed
Responses: 388
Pvt Chris Anderson
1
1
0
Sir, with respect. Anyone having been accused of a crime while on active orders or in IRR is subject to Art.2. I know, i was accused of a crime someone else committed. The DA, after i mentioned I was in the Marine Corps at the time they said the offense was committed and asked for my article 32. The dropped the case and picked it back again with the time frame of being out of the Military. While the victim was in another state at the time. Being that I live in California, you get the picture.. Needless to say, it doesn't matter if you're an officer or enlisted. You are still subject to article 2 recall for major crimes.
(1)
Comment
(0)
Avatar small
MAJ Integration Officer
1
1
0
Derp
You answered your own questions
Yes yes yes
(1)
Comment
(0)
Avatar small
PO2 Wayne Durham
1
1
0
Only for an infraction while you were in. Otherwise you answer to civilian authorities.
(1)
Comment
(0)
Avatar small
SPC Ronald Scott
1
1
0
Question
After one retires from military or civilian life. They have completed their commitment and fulfilled their duties as agreed. There shouldn't be any connection to that organization there after unless serving as a board member in the civilian capacity or consulting for the military. This is a terrible future implications and has a government ownership of human beings. This is not good.. after you retire the only relationship between you and the government should be your benefits. PERIOD
(1)
Comment
(0)
Avatar small
SMSgt (Other / Not listed)
1
1
0
They can be and there is provision for it and they being recalled to active duty for the purpose of being prosecuted in a federal court. It does not happen very often but it has been done surrounding several different cases. One involved the theft of military property a few years ago I know and that individual lost their pension and was sentenced to Ft L/Worth along with suffering a reduction in rank.
(1)
Comment
(0)
Avatar small
MAJ Montgomery Granger
1
1
0
And what about gray area retirees? We're not yet receiving pay.
(1)
Comment
(0)
1LT William Clardy
1LT William Clardy
4 y
"Eligible for pay" can cover a lot of sins, MAJ Montgomery Granger.
(0)
Reply
(0)
Avatar small
1SG Leon Espe
1
1
0
I always understood that a retiree can be court martialed for crimes against our country (Treason for one or anything that would warrant a Dishonorable Discharge) but civilian courts would handle all else.
(1)
Comment
(0)
Avatar small
SGT Mark Rhodes
1
1
0
The only way this could happen is if an incident was under an investigation prior to the soldiers retirement. Then if he/she were found guilty they would be ordered back onto active duty and if that happens they are no longer retired they are considered AD again. So it can happen but I had never seen it.
(1)
Comment
(0)
Avatar small
SSG Bobby Castle
1
1
0
If the crime was committed while on active duty you can be brought out of retirement to be prosecuted under UCMJ. Other than that you fall under the Civilian courts because you are no longer a soldier and do not fall under the UCMJ.
(1)
Comment
(0)
Avatar small
COL Deputy Chief Of Staff
1
1
0
I think this provision applies to crimes committed while on active duty. The case referenced below was MSG Timothy Hennis. He was accused of crimes committed while on active duty. He was acquitted in state court after an initial mistrial. When new evidence became available, he was brought out of retirement and sent to court martial. There was no double jeopardy because of the state court and federal court. Hennis was convicted of the murders.
(1)
Comment
(0)
AB (Other / Not listed)
AB (Join to see)
5 y
Col.
I agree with what your assessment is. This thread asked about retirees being subject to the UCMJ, not being recalled to AD for any other reason. If you committed a crime while AD, whether a guard/reservist on title 10 orders, then you would be subject to UCMJ. After retirement, if you commit a crime, and not on military jurisdiction, you will be tried by the civilian system.
(1)
Reply
(0)
Avatar small

Join nearly 2 million former and current members of the US military, just like you.

close