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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 >1 y ago
Responses: 384
I remember a case in Germany where a retired Sergeant Major worked at Toyota car dealership and was helping his customers defraud the US government. He was given non juridical punishment/ article 15, reduction in pay.
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Only if the crime was committed while suspected was in the military, crime committed on military property and statue of limitations is not up.
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A “retirement” check is, in reality, a “retainer” check giving the govt the right to re-call anytime. However, I don’t think this would happen except in extremely rare cases.
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If a military person committed a crime, such as murder, while within military jurisdiction (see below), but the crime wasn't discovered (or evidence available) until after that person retired, then I can see it happening. There's a couple Constitutional caveats that would determine if it's tried under UCMJ or not.
Did the crime, punishable under UCMJ, take place where U.S. courts do not have jurisdiction, during an overseas military operation, and on a military installation? Pay particular attention to "when in actual service in time of war or public danger," within the 5th Amendment, and "public trial by an impartial jury of the state and district wherein the crime shall have been committed," part of the 6th Amendment.
It seems portions of Article 2, UCMJ, are in direct violation of the U.S. Constitution. Someone may need to check their hubris.
Did the crime, punishable under UCMJ, take place where U.S. courts do not have jurisdiction, during an overseas military operation, and on a military installation? Pay particular attention to "when in actual service in time of war or public danger," within the 5th Amendment, and "public trial by an impartial jury of the state and district wherein the crime shall have been committed," part of the 6th Amendment.
It seems portions of Article 2, UCMJ, are in direct violation of the U.S. Constitution. Someone may need to check their hubris.
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I have never heard of, nor do I believe, that you can be charged with a UCMJ offense as a civilian retiree except for offenses committed while on active duty (in which case they reactivate you and then charge you.) If that were true, why does the person need to be reactivated - why not charge them as a civilian? I see the words but have trouble believing it.
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A retiree is basically defined as one that has put in at least 20 and in receipt of a Govt retirement check. However, that “retirement” check is not retirement. It’s a “retainer” check. Simply put, once you retire, the Govt retains the right to ownership. That’s you. FOR LIFE.
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MSgt Linda Tarach
Only considered retainer pay until total of 30 years completed, active and retired, then is retired pay.
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PO1 Tom Follis
I’m really curious Millan? How did you arrive at 10%? Because I didn’t break it down far enough? I think I’m 100% correct with the exception of hitting the 30 year point at which point you are “RETIRED” as opposed to being “RETAINED”.
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1LT William Clardy
You were 100% correct until you corrected yourself, PO1 Tom Follis.
There is no change in status at 30 years -- you remain in the Retired Reserve, continue to draw a paycheck for staying on the roster, and remain eligible for recall to active duty.
There is no change in status at 30 years -- you remain in the Retired Reserve, continue to draw a paycheck for staying on the roster, and remain eligible for recall to active duty.
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Totally non-pulsed. If you messed up so much that the military takes notice, embrace the suck! Gunny J. OUT!
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Ha! Totally non-pulsed about this. Retired in 2003 and would have to really "break bad" to ever be subjected to the UCMJ! Semper Fi.
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Retired personnel can be brought back to active duty to answer to conduct that happened in active duty. But conduct that happens after full retirement ( if you are on final leave, you are subject to UCMJ) is not. Just like Pay and benefits your responsibility goes away! You are another civilian!
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Maj Maria Avellaneda
I am not wrong. This Marine’s offense had nothing to do with the military. He was retired and his offense was not on post. The military had no jurisdiction in the case. They were wrong by recalling him. We were talking about offenses committed while on active duty even if it is discovered after retirement. That is why the retired person is brought back to active duty.
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Maj Maria Avellaneda
You sound angry. Are you a lawyer or an expert for you to lash without any regard. L
As for the previous argument on pay. Military retirees do not receive pay we receive compensation. Provide black and white evidence of your allegations. If what you say is correct, you could be court martial, for disrespecting an officer and for insubordinatoon!
As for the previous argument on pay. Military retirees do not receive pay we receive compensation. Provide black and white evidence of your allegations. If what you say is correct, you could be court martial, for disrespecting an officer and for insubordinatoon!
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1LT William Clardy
Maj Maria Avellaneda, members of the Retired Reserve are still reservists, not civilians. I'm not sure how the bookkeeping will work for folks who have opted in to the new(ish) BRS, with its defined contributions and all that other fun stuff associated with 401(k) plans, but for retirees under the legacy system it has been and still is "retired pay" -- and pay is significantly distinct from pension payments.
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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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