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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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Ask RET SFC Clyde Conrad :)
https://www.army.mil/article/109525/Clyde_Conrad_arrested_for_espionage__August_23__1988
https://www.army.mil/article/109525/Clyde_Conrad_arrested_for_espionage__August_23__1988
Clyde Conrad arrested for espionage, August 23, 1988
Fort Huachuca, AZ. - As a hard-working noncommissioned officer in the G3 War Plans Section of the 8th Infantry, Sergeant First Class Clyde Conrad was known simply as
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10 U.S. Code § 688 - Retired members: authority to order to active duty; duties
under the guidance of the above U.S. Code the Secretary of Defence Under regulations prescribed, The Secretary concerned may, to the extent consistent with other provisions of law, assign a member ordered to active duty under this section to such duties as the Secretary considers necessary in the interests of national defense. As with anything you can only be retained for a period of 24 months. ( Note as long as you fall within the parameters pf the Code.)
under the guidance of the above U.S. Code the Secretary of Defence Under regulations prescribed, The Secretary concerned may, to the extent consistent with other provisions of law, assign a member ordered to active duty under this section to such duties as the Secretary considers necessary in the interests of national defense. As with anything you can only be retained for a period of 24 months. ( Note as long as you fall within the parameters pf the Code.)
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And here's another pretty long winded article to on the subject:
https://www.jagcnet.army.mil/DOCLIBS/MILITARYLAWREVIEW.NSF/0/47c2b664085060fc85256e5b00576e6e/$FILE/Volume175Davidson.pdf
https://www.jagcnet.army.mil/DOCLIBS/MILITARYLAWREVIEW.NSF/0/47c2b664085060fc85256e5b00576e6e/$FILE/Volume175Davidson.pdf
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The military has brought back a retirees on to active duty status for a crimes they committed in the military. I do a lot a old case research and I remember one such case. I am sure I can find that one or another online.
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Pvt Chris Anderson
Could you please post a link to a couple of those cases. I've got a few questions about this that you may be able to answer after I've read them. Thank you
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PO1 David Shepardson
1SG John Millan - To bad he can't be joined by clinton and obama, along with others in the obama administration!
BTW: As commander in Chief is the president subject to the UCMJ?
BTW: As commander in Chief is the president subject to the UCMJ?
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If memory serves me correct, the Soldier on death row at Fort Leavenworth, was brought to trial and convicted due to this. It was the reason why he was able to be tried under UCMJ. Read more into this, but I believe I'm somewhat correct.
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SGT Joseph Miller
Actually SFC Robert White case law has clearly established that "The federal government is considered a sovereign authority unto itself and therefore separate from powers of the states." so double jeapordy doesn't apply, the federal government doesnt always step in on states rights but the military felt at the time he was a serving member of the military and he murdered a military dependant so they decided to step in and prosecute and case law has supported their right to prosecute this POS and by law none of his rights have been violated. I wouldn't she'd any tears overy him, he's lied over and over stating how he just went there for the dog but when they match DNA found in victims vagina with him he changes his tune and claims this Air Force Officers wife decided to have consensual sex with a total stranger coming to get a dog that was advertised in the paper and expects people to believe that. I personally think he's guilty as hell but there are still some unanswered questions, as I don't think he acted alone as his semen was found in her vagina, a hair that didn't match him and DNA that was found under her fingernails didn't match him. I would like for them to continue to look at people he hung out with as a young soldier to see if the DNA matches any of his running buddies as I believe there's more to this than just him raping and killing this family himself.
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SGT Joseph Miller
Actually SFC Bob Laverick you can be charged with the same charges as civilian courts, the hennis trial proved that. He was found guilty of murder and rape in NC court verdict was overturned and he was retried in NC courts and found not guilty of murder and rape and was brought back out of retirement and tried under UCMJ and found guilty of rape and murder. So hennis was tried for same crimes in both military and civilian courts.
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SGT Joseph Miller
And SFC Robert White as I pointed out above ,the Supreme Court and the federal appeals court have ruled the federal government is a sovereign authority separate from state authority and has the right to try a person even if the sYates have already tried them and double jeapordy doesn't attach.
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1LT William Clardy
Under the 10th Amendment to the U.S. Constitution, it is legally impossible for any federal charge to constitute double jeopardy for a state offence, SGT Joseph Miller, because the national government's jurisdiction does not extend into the state's jurisdiction. This doesn't mean that a single act can't involve committing crimes within both jurisdictions, only that the definitions of the crimes are legally distinct. For example, killing a President is now a federally-defined crime, but it could also be prosecuted by the local DA as a murder charge (just as Lee Harvey Oswald was facing for murdering John F. Kennedy and a Dallas police officer, J.D. Tippit).
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Please remind everyone it is not retirement pay it is retainer pay and by excepting it you can be recalled.
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I will say that in 1989, I was attached to NMPC 843, Deserter Apprehension Program. I tracked a deserter to Millington, TN. His step father was a retired USMC senior enlisted. His mother stated her son would not be returning to military control. I reminded the Marine he was still subject to the UCMJ and was playing with his retirement if he hid his step-son. Next day, the deserter was pushed out of a car at the main gate pf Millington Naval Air Station looking like someone got his attention. Would I have pushed charges against the Marine, I like to think NO but the threat was a tool I used.
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you can be recalled for things that happened while you were on duty even if years later and you are retired. If I rob a bank tomorrow the military would have no authority to try me even being a retiree
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Most people do not understand the ideology behind the Universal Military Law and the impact that it has on all vets and retired service members.....
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