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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
Posted 9 y ago
Responses: 388
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.
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Only for an infraction while you were in. Otherwise you answer to civilian authorities.
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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
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
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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.
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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.
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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.
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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.
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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.
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.
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